RDCSB226 3645 3963
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
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. Further
provides that an absentee by mail ballot shall not be deemed challenged solely because the
voter indicates on the absentee by mail certificate that he does not know his mother's maiden
name.
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.
(Amends R.S. 18:1313.1(G)(3) and (H)(2) and 1315(C); Adds R.S. 18:1315(D) and (E))
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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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the engrossed bill:
1. Provide that indication that the voter's mother's maiden name is unknown is not
grounds to deem a ballot challenged.
2. Make technical changes.
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