ENROLLED
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Regular Session, 2014
HOUSE BILL NO. 296
BY REPRESENTATIVE CONNICK
AN ACT1
To amend and reenact R.S. 18:1313(J)(2)(a), (b), and (d), relative to elections; to provide2
relative to recounts of absentee by mail and early voting ballots; to provide for a3
recount in proposition elections under certain circumstances; to provide for4
procedures; to provide relative to the duties of certain election officials relative to5
such recount; to provide relative to the payment of costs; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 18:1313(J)(2)(a), (b), and (d) are hereby amended and reenacted to9
read as follows:10
ยง1313. Tabulation and counting of absentee by mail and early voting ballots11
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J.13
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(2)(a)(i) Notwithstanding the provisions of Paragraph (1) of this Subsection,15
if the number of absentee by mail and early voting ballots cast for all candidates for16
an office could make a difference in the outcome of the election for such office, upon17
the written request of a candidate for such office, the board shall recount the absentee18
by mail ballots by hand or scanning equipment and early voting ballots19
electronically, unless paper ballots were used for early voting and in such case, the20
ballots shall be recounted by hand for such office.21 ENROLLEDHB NO. 296
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(ii) Notwithstanding the provisions of Paragraph (1) of this Subsection, if the1
number of absentee by mail and early voting ballots cast for and against a2
proposition could make a difference in the outcome of the election, upon the written3
request of a person who voted in the proposition election, the board shall recount the4
absentee by mail ballots by hand or scanning equipment and early voting ballots5
electronically, unless paper ballots were used for early voting and in such case, the6
ballots shall be recounted by hand for such election.7
(b) All recounts of absentee by mail and early voting ballots shall be held at8
10:00 a.m. or following the reinspection of voting machines on the fifth day after the9
election and at any time ordered by a court of competent jurisdiction. If the fifth day10
after the election falls on a holiday or weekend, such recount shall be held on the11
next working day at 10:00 a.m. or following the reinspection of voting machines.12
Any written request for recount of absentee by mail and early voting ballots shall be13
filed with the clerk of court. The deadline for filing a request for recount of absentee14
by mail and early voting ballots shall be the last working day prior to the date of the15
recount. Immediately upon receiving any request, the clerk of court shall16
prominently post in his office a notice of the time and place where the absentee by17
mail and early voting ballots will be recounted and the name of the candidate or the18
voter in the proposition election requesting the recount.19
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(d)(i) The candidate or the voter in the proposition election requesting the21
recount shall be responsible for all reasonable costs associated with such recount22
which shall be payable to the clerk of court. The costs shall be paid at the time the23
written request for the recount is filed with the clerk of court and shall be paid in24
cash or by certified or cashier's check on a state or national bank or credit union,25
United States postal money order, or money order issued by a state or national bank26
or credit union.27
(ii) If the recount changes the outcome of the election, the costs paid by the28
candidate or voter in the proposition election shall be refunded by the clerk of court,29 ENROLLEDHB NO. 296
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and the costs of the recount shall be a reimbursable election expense as provided in1
Chapter 8-A of this Title.2
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: