The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Matt DeVille.
DIGEST
SB 226 Engrossed 2024 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 absentee by mail certificate 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 requires the secretary of state to provide for the following:
(1)The preprinting of information on the absentee by mail certificate 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 absentee by mail certificate of an absentee by mail ballot and determinations made by the
board.
Effective August 1, 2024.
(Amends R.S. 18:1313.1(G)(3) and (H)(2) and 1315(C); adds R.S. 18:1315(D) and (E))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the original bill
1. Make technical changes.
2. Change references from "affidavit flaps" to "absentee by mail certificate".
3. Remove the procedure for counting early voting machine ballots on election day.
4. Remove rule-making requirements.