RÉSUMÉ DIGEST
SB 350 2022 Regular Session Cloud
Existing law provides for the method of voting absentee by mail ballot in primary and
general elections, bond elections, tax elections, and special elections.
Existing law allows a qualified voter to vote absentee by mail provided existing law
requirements are met.
Existing 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 (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.
Existing 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 would have added that any absentee by mail ballot with an affidavit flap
missing required information that was not cured by the voter would be deemed challenged
and would have required compliance with existing law procedure for sustaining a challenge.
Proposed law would have provided that if the challenge was because the affidavit flap was
missing the signature of the voter, the signature of the witness, or the voter's mother's maiden
name, the challenge would have to be sustained and the vote would not be counted. Provided
that the voter could be notified of the challenge and the reason for the rejection.
Proposed law would have required the secretary of state to adopt rules that included, 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.
Would have been effective August 1, 2022.
(Proposed to amend R.S. 18:1313.1(G)(3), (H)(2), and (I)(3) and 1315(C) and add R.S.
18:1315(D) and (E))
VETO MESSAGE:
"Please be advised that I have vetoed Senate Bill 350 of the Regular Session of 2022.
This bill is similar to House Bill 1074 from the 2022 Regular Session that I have signed into
law. House Bill 1074 directs the Secretary of State to promulgate rules to ensure consistency
in how deficient absentee ballots are handled by Parish Boards of Election Supervisors. However, Senate Bill 350, unlike House Bill 1074, improperly denies discretion to the Parish
Boards of Election Supervisors in determining whether a ballot is valid. Instead, this bill
mandates that an otherwise valid ballot be rejected if there is a technical deficiency such as
a missing mother's maiden name on the affidavit flap of the absentee by mail ballot. This is
simply too prescriptive and should not become law."