§ La. R.S. 18:1313.1(untitled)

Preparation, verification, tabulation, and counting of absentee by mail and early voting
ballots
A.(1)(a) Parishes may conduct the preparation and verification process for the tabulation and
counting of absentee by mail and early voting ballots for a primary or general election the day before the
election.
(b) However, with the written approval of the secretary of state, parishes may conduct the
preparation and verification process for the tabulation and counting of absentee by mail and early voting
ballot for a primary or general election beginning three days before the election.
(2) The tabulation and counting of absentee by mail and early voting ballots shall be conducted on
election day.
B.(1) The parish board of election supervisors shall be responsible for the preparation, verification,
counting, and tabulation of all absentee by mail and early voting ballots in the parish. The board may utilize
parish board commissioners to count the absentee by mail and early voting ballots in the parish. If the board
determines that parish board commissioners are necessary for the preparation and verification process to
count and tabulate the absentee by mail and early voting ballots before the election and to count and tabulate
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the absentee by mail and early voting ballots on election day, it shall select parish board commissioners in
accordance with the provisions of R.S. 18:1314.
(2) If less than a majority but at least two of the members of the board are present for the preparation
and verification process to count the absentee by mail and early voting ballots and the board cannot locate
an alternate designee or appointee, the board shall, through the registrar of voters, so inform the
commissioner of elections and request approval from the commissioner of elections for the appointment of
a parish board commissioner to serve as a board member. The board shall receive approval of the
commissioner of elections before proceeding with the preparation and verification process without a majority
present.
(3) If an insufficient number of parish board commissioners was previously selected for the
preparation and verification process or to count the absentee by mail and early voting ballots, the board,
through the registrar of voters, may request approval from the commissioner of elections to select a sufficient
number of parish board commissioners three days before the election or on election day, as applicable, to
assist in the preparation and verification process for the tabulation and counting of absentee by mail and early
voting ballots and the tabulation and counting of the ballots.
C.(1) The preparation and verification process for the counting of the absentee by mail and early
voting ballots may be conducted before the election at a public facility within the parish designated by the
registrar of voters at a time fixed by the parish board of election supervisors.
(2) Absentee by mail and early voting ballots shall be counted at a public facility within the parish
designated by the registrar of voters at a time fixed by the parish board of election supervisors, which time
shall be on election day no later than 8:00 p.m.
(3) Prior to the counting of absentee by mail and early voting ballots on election day, any person
authorized by the secretary of state may assist the registrar of voters in the challenge removal process on the
early voting machines, in the reading of the early voting machine results cartridges on the secretary of state's
equipment, and in producing the early voting machine results report. All early voting machine results reports
shall be placed in the special, secure absentee by mail and early voting container.
D.(1) If the counting and tabulation of absentee by mail and early voting ballots begins on election
day prior to the closing of the polls, such counting and tabulation shall be conducted in a location and manner
to prevent disclosure of the results prior to the closing of the polls. Each person except a person providing
security to the parish board of election supervisors; a representative of the attorney general, with written
approval of the secretary of state; the clerk of court; the registrar of voters; or a person providing technical
assistance pursuant to Paragraph (2) of this Subsection who enters the location in which the absentee by mail
and early voting ballots are being counted and tabulated on election day shall remain in that location and
shall not be allowed to leave except temporarily, and then only when accompanied by a law enforcement
officer, and shall not communicate with any person outside until the polls are closed. The parish board of
election supervisors may take any action necessary to ensure that no information with respect to the counting
and tabulation of absentee by mail and early voting ballots is transmitted from the location where the
absentee by mail and early voting ballots are being counted and tabulated on election day prior to the close
of the polls on election day.
(2) Any person authorized by the secretary of state may provide security or technical assistance
including advice, analysis, diagnosis, or repair for voting machines at the location where absentee by mail
and early voting votes are being counted and tabulated. Such security or technical assistance shall be
provided only upon the request of the parish board of election supervisors or a team of parish board
commissioners, and may be made in person at the location where absentee by mail and early voting votes are
being counted and tabulated, or by telephone, or both. Any authorized person providing such security or
technical assistance may enter and leave the location where absentee by mail and early voting votes are being
counted and tabulated on election day before the closing of the polls and during the process of counting and
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tabulation. No such person shall disclose any information with respect to the counting and tabulation of
absentee by mail and early voting ballots prior to the close of the polls on election day.
E.(1) Candidates, their representatives, and qualified electors may be present during the preparation
and verification process for the counting and tabulation of absentee by mail and early voting ballots before
the election and the counting and tabulation of absentee by mail and early voting ballots on election day.
If the counting and tabulation of absentee by mail and early voting ballots begins prior to the closing of the
polls on election day, the board shall give notice reasonably calculated to inform any person who wants to
be present during the counting and tabulation that no person will be allowed to leave or to communicate with
any other person outside, until such time as the polls are closed, nor shall any person who is present during
the counting and tabulation of absentee by mail and early voting ballots on election day possess a cellular
telephone or electronic communication or recording device.
(2) The preparation, verification, counting, and tabulation of absentee by mail and early voting
ballots shall not be video, audio, or tape recorded, filmed, or broadcast live.
F. The board shall count the absentee by mail and early voting ballots and post the results after the
closing of the polls on election day as the total number of absentee by mail and early voting votes cast in the
election for each candidate and the total number cast for and against each proposition.
G. The procedure for the preparation and verification process for the tabulation and counting of
absentee by mail ballots and early voting paper ballots before the election shall be as follows:
(1)(a) A member of the board shall remove the certificates, early voting verification forms, early
voting machine public counter logs, early voting confirmation sheets, absentee by mail ballots, early voting
paper ballots, and envelopes containing the absentee by mail ballots and early voting paper ballots from the
special, secure absentee by mail and early voting ballot container.
(b) The board shall review the early voting verification forms and early voting machine public
counter logs and, if found to be acceptable to the board, sign each early voting verification form. If the board
does not find an early voting verification form to be acceptable, it may review any early voting confirmation
sheet and shall document its correction to the early voting verification form and then sign it.
(2) The board shall announce the name of each absentee by mail voter, each voter who voted a paper
ballot during early voting, and the ward and precinct where the voter is registered to vote and shall compare
the name on the certificate with the names on the absentee by mail voter report or early voter report, as
applicable.
(3) The board shall separate any ballots that are challenged in accordance with R.S. 18:1315(A), (B),
or (C) from the ballots that are not challenged.
(4)(a) If an absentee by mail ballot has not been challenged and is determined by the board to be
valid, a member of the board shall make a check mark on the absentee by mail voter report beside the name
of the voter as it appears on the report and write his initials on each page of the report. If applicable, a
member of the board shall remove the certificate from the envelope containing the absentee by mail ballot
and leave the envelope sealed.
(b) If an early voting paper ballot has not been challenged and is determined by the board to be valid,
a member of the board shall write the words "voted early" and his initials on the early voter report beside the
name of the voter as it appears on the report. A member of the board shall remove the certificate and leave
the envelope sealed.
(5) If an absentee by mail ballot or early voting paper ballot has been challenged, the members shall
not remove the certificate and leave the envelope sealed.
(6) A member of the board shall place the absentee by mail ballots and early voting paper ballots
that have been challenged and the ballots that have not been challenged in the special, secure absentee by
mail and early voting ballot container provided for that purpose and seal the container. Two members of the
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board shall execute the first certificate on the container and date the certificate with the date on which it was
executed before the election.
(7) The members of the board shall place the certificates of the absentee by mail ballots and early
voting paper ballots that have not been challenged in the container provided for that purpose and seal the
container. Two of the members shall execute the first certificate on the container and date the certificate with
the date on which it was executed before the election.
(8) Absentee by mail ballots that are received by the registrar of voters after the preparation and
verification process is completed but before the deadline to return absentee by mail ballots shall be prepared,
verified, counted, and tabulated on election day.
H. The procedure for counting absentee by mail ballots and early voting paper ballots on election
day shall be as follows:
(1) A member of the board shall break the seal on the special, secure absentee by mail and early
voting ballot container and remove the certificates, absentee by mail ballots, and early voting paper ballots
that have been challenged and the absentee by mail ballots and early voting paper ballots that have not been
challenged.
(2) The board shall determine the validity of challenges filed in accordance with R.S. 18:1315(A),
(B), and (C).
(3)(a) If the board determines that an absentee by mail ballot is valid, a member of the board shall
make a check mark on the absentee by mail voter report beside the name of the voter as it appears on the
report and write his initials on each page of the report. If applicable, a member of the board shall remove
the certificate and leave the envelope sealed.
(b) If the board determines that a paper ballot voted during early voting is valid, a member of the
board shall write the words "voted early" and his initials on the early voter report beside the name of the
voter as it appears on the report. A member of the board shall remove the certificate and leave the envelope
sealed.
(4) If a majority of the members of the board determine that an absentee by mail ballot or early
voting paper ballot is invalid, the members shall not remove the certificate, leave the envelope sealed, and
a member of the board shall write the word "rejected", together with the reasons for rejecting the ballot,
across the envelope. The member shall also write the word "rejected" and his initials on the absentee by mail
voter report or early voter report, as applicable, beside the name of the voter as it appears in the report. The
rejected absentee by mail ballots and early voting paper ballots and certificates shall be replaced in the
special, secure absentee by mail and early voting ballot container. No rejected absentee by mail ballot or
early voting paper ballot shall be counted.
(5) After the validity of all absentee by mail ballots and early voting paper ballots have been
determined, the members of the board shall break the seal on the container and place the valid certificates
in the container provided for that purpose and seal the container. Two of the members shall execute the
second certificate on the envelope and date the certificate the day of the election.
(6) The members shall open the envelopes containing the valid absentee by mail ballots and early
voting paper ballots and remove the ballots.
(7) The board shall, in accordance with the requirements of R.S. 18:1316, reject any ballot which
contains a distinguishing mark or feature making the ballot susceptible of identification. However, a ballot
shall not be rejected as containing a distinguishing mar