The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Michelle Ridge.
DIGEST
SB 350 Engrossed 2022 Regular Session Cloud
Present law provides for the method of voting absentee by mail ballot in primary and general
elections, bond elections, tax elections, and special elections.
Present law allows a qualified voter to vote absentee by mail provided present law requirements are
met.
Present law establishes a challenge process for an absentee by mail ballot as follows:
(1)A candidate or his representative, a member of the parish board of election supervisors of a
parish (board), or a qualified elector may challenge an absentee ballot on any of the following
grounds:
(a)The person is not qualified to vote in the election.
(b)The person is not qualified to vote in the precinct.
(c)The person is not the same person whose name is shown on the precinct register.
(2)During the preparation and verification process for the counting of absentee ballots on
election day, any candidate or his representative, member of the board, or qualified elector
may challenge the absentee ballot for cause.
Present law provides that during the counting of absentee ballots, at least a majority of the members
of the board shall hear and determine the validity of any ballot challenged. Provides if the challenge
is sustained, the vote shall not be counted, and the voter shall be notified of the challenge and the
cause for the rejection.
Proposed law adds that any absentee by mail ballot with an affidavit flap missing required
information that was not cured by the voter will be deemed challenged and requires that at least a
majority of the board members hear and determine the validity of any ballot challenged. Provides
that if the challenge is sustained, the vote shall not be counted, and the voter shall be notified of the
challenge and the reason for the rejection.
Proposed law provides that if the challenge is because the affidavit flap is missing the signature of
the voter, the signature of the witness, or the voter's mother's maiden name, the challenge shall be
sustained and the vote shall not be counted. Provides that the voter shall be notified of the challenge
and the reason for the rejection. Proposed law requires the secretary of state to adopt rules that shall include, at a minimum, the
following:
(1)The preprinting of information on the affidavit flap of an absentee by mail ballot in a form
prescribed by the secretary of state, including but not limited to the date of the election and
the ward and precinct of the voter.
(2)A uniform, standard challenge process and procedure with regards to the items missing on
the affidavit flap of an absentee by mail ballot and determinations made by the board.
Effective August 1, 2022.
(Amends R.S. 18:1313.1(G)(3), (H)(2), and (I)(3) and 1315(C); adds R.S. 18:1315(D) and (E))