Recount laws in Louisiana

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Louisiana. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Louisiana.[1]

  • Does state law require automatic recounts?
    • No.
  • When must an automatic recount be completed?
    • There are no automatic recounts in this state.
  • Can a recount be requested?
    • Yes, but only absentee/mail-in and early votes are recounted, and only if the number of such votes is large enough to change the election outcome. The recount must be requested by the third day after the election. There is no set deadline for completion. Additional requested procedures, including reinspections, are described below.
  • Who pays for a requested recount?
    • The requester
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome. State law does not mention refunds regarding requested reinspections that change the election outcome.
  • Can a partial recount be requested?
    • Yes.

Louisiana recount procedures

Automatic recount procedures

Louisiana does not require automatic recounts.

Requested recount procedures

Candidates and voters (with regards to ballot measures) may request a recount of absentee/mail-in ballots only if the number of such ballots could change the election outcome. The recount must be requested by 4:30 p.m. on the third day after the election. Requesters are responsible for costs associated with the recount. Costs paid by the requester are refunded if the recount changes the election outcome.[2]

Candidates may also request a reinspection of votes cast on direct recording electronic machines. The deadline to make a request is 4:30 p.m. on the third day after the election. Candidates are responsible for costs associated with the reinspection. State law does not mention a refund if the reinspection changes the election outcome.[3]

Candidates and voters may also request a recount of absentee/mail-in ballots before a contested election trial if they allege an error that would change the outcome of the election.[4] Requesters are responsible for costs unless the court determines an error was made that changes the election outcome, in which case no costs are levied.[5]

There are no set deadlines for the competition of recounts or reinspections.

For more information about recount procedures in Louisiana, click here.

Louisiana voting equipment

See also: Voting methods and equipment by state

Louisiana uses Direct Recording Electronic (DRE) systems for its elections. The state does not require a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record."[6][7]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ Justia, "Revised Statutes Title 18," accessed October 16, 2020
  2. ↑ Louisiana State Legislature, "Tabulation and counting of absentee by mail and early voting ballots," accessed Oct. 19, 2020
  3. ↑ Louisiana State Legislature, "Evidence of election results," accessed Oct. 19, 2020
  4. ↑ Louisiana State Legislature, "Recount of absentee by mail and early voting ballots authorized," accessed Oct. 19, 2020
  5. ↑ Louisiana State Legislature, "Costs of recount," accessed Oct. 19, 2020
  6. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  7. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  8. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  9. ↑ A court may order a recount under Arizona law.
  10. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  11. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  12. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  13. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  14. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  15. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  16. ↑ No mention in state law.
  17. ↑ No mention in state law.
  18. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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