reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1361. Approval of voting systems or system components; certificate; expenses of examination

RS 18:1361 - Approval of voting systems or system components; certificate; expenses of examination
A. Prior to the solicitation of bids for any new voting system, the secretary of state shall examine any type or make of voting system or system component upon the request of a representative of the maker or supplier thereof for compliance with the certification standards promulgated pursuant to R.S. 18:1353. If the secretary of state determines that the voting system or system component complies with the certification standards, he shall approve that voting system or system component for use in this state and shall issue his certificate of approval thereof.
B. In addition to meeting any applicable certification standards, any voting system or system component procured or used in the state must have been certified according to the voluntary voting system guidelines developed and maintained by the United States Election Assistance Commission by a voting system test laboratory accredited by the United States Election Assistance Commission. This certificate, together with any relevant reports, drawings, and photographs, shall be a public record.
C. The secretary of state shall contract with no fewer than three but no more than five qualified independent experts to assist him in performing the state certification examination provided for in this Section. The expenses of the services of such experts shall be paid prior to the examination by the person requesting examination of the voting system or system component. Experts contracted to assist with the examination shall sign the certificate of approval made by the secretary of state. No voting system or system component shall be used at any election which has not been approved and certified by the secretary of state as provided in this Section.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 2001, No. 451, §6, eff. Jan. 12, 2004; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2002, 1st Ex. Sess., No. 130, §1, eff. April 23, 2002; Acts 2005, No. 220, §4, eff. Jan. 1, 2006; Acts 2014, No. 60, §1, eff. May 16, 2014; Acts 2018, No. 584, §1, eff. May 28, 2018; Acts 2019, No. 374, §1, eff. June 19, 2019; Acts 2021, No. 480, §1, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1362. Method of procuring voting systems or system components; parts and supplies; contracting for the maintenance of voting machines

RS 18:1362 - Method of procuring voting systems or system components; parts and supplies; contracting for the maintenance of voting machines
A.(1) All voting systems or system components used in this state shall be procured by the secretary of state, taking into consideration the recommendations of the Voting System Commission as provided in R.S. 18:1362.1, out of state funds appropriated for that purpose, on the basis of a competitive request for proposals process or public bids submitted to the secretary of state in accordance with the provisions of the Louisiana Procurement Code. Required specifications shall include tests and examinations of the operation of the voting systems or system components, and the secretary of state, for that purpose, shall employ experts to conduct these examinations in accordance with R.S. 18:1361 and report the results thereof to the Voting System Commission. The expenses of the services of these experts shall be paid by the vendor that seeks to have its system certified for consideration. In every respect, the procurement of voting systems or system components shall be in accordance with the Louisiana Procurement Code.
(2) Notwithstanding any provision of law to the contrary, particularly the provisions of Chapter 17 of Title 39 of the Louisiana Revised Statutes of 1950, the secretary of state is authorized to contract with the manufacturer through the Department of State for the maintenance of the voting systems or system components.
B. Title to all voting machines purchased by the secretary of state shall vest in the state.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1981, No. 77, §1, eff. June 26, 1981; Acts 1985, No. 754, §1; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 2001, No. 451, §6, eff. Jan. 12, 2004; Acts 2014, No. 60, §1, eff. May 16, 2014; Acts 2019, No. 374, §1, eff. June 19 2019; Acts 2021, No. 480, §1, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1362.2. Voting System Proposal Evaluation Committee; membership; duties

RS 18:1362.2 - Voting System Proposal Evaluation Committee; membership; duties
A. The Voting System Proposal Evaluation Committee is created and established within the Department of State for the purpose of independently reviewing any proposals received by the secretary of state in accordance with the provisions of R.S. 18:1362.1.
B.(1) The Voting System Proposal Evaluation Committee shall be comprised of the following members:
(a) A faculty member of a Louisiana postsecondary education institution with engineering or computer science expertise.
(b) A member of the Louisiana Clerks of Court Association.
(c) An individual with at least five years of experience with training or education in electronic voting systems and procedures and election security.
(d) A member of the Louisiana Registrars of Voters Association.
(e) A representative from the office of the secretary of state who did not serve as member of the Voting System Commission.
(2) Committee members shall be appointed by the secretary of state and shall serve without compensation.
C. The committee shall investigate and publicly test the voting systems proposed by the respondents to the request for proposals and may utilize subject matter experts to assist in the investigation. Upon completion of the investigation, the committee shall score each proposal according to the request for proposal criteria, which shall ensure that all proposals are evaluated in a fair and balanced manner and provide equal consideration for all potential vendors without exception. The highest-scoring proposal shall receive the recommendation of the committee. The recommendation shall be communicated to the secretary of state. The secretary of state shall then make a recommendation and submit the proposal to the chief procurement officer for subsequent review, approval, or further inquiry in accordance with the Louisiana Procurement Code.
D. Notwithstanding any other law to the contrary, nothing in this Section shall alter or negate the provisions and requirements of the Louisiana Procurement Code.
Acts 2021, No. 480, §1, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1364. Placement and sufficiency of voting machines and counting equipment for absentee by mail and early voting

RS 18:1364 - Placement and sufficiency of voting machines and counting equipment for absentee by mail and early voting
A. The secretary of state shall consult with the Voting System Commission at least once annually to determine the sufficiency of the voting machines and absentee by mail and early voting counting equipment necessary to conduct absentee by mail and early voting in an election, taking into consideration the technological capabilities of the voting system. He shall ensure that the number of voting machines and the absentee by mail and early voting counting equipment placed within a parish for an election is adequate and sufficient to process and count the absentee by mail and early voting ballots cast in the election within a reasonable period.
B. Following an election, the secretary of state shall determine whether such voting machines and absentee by mail and early voting counting equipment shall remain with the registrar of voters, whether it shall be transferred to a voting machine warehouse or other storage facility, or whether it shall be relocated to another parish.
Acts 2002, 1st Ex. Sess., No. 130, §1, eff. April 23, 2002; Acts 2005, No. 220, §4, eff. Jan. 1, 2006; Acts 2021, No. 480, §1, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1366. Requirements for voting systems

RS 18:1366 - Requirements for voting systems
Any new voting system procured by the secretary of state in accordance with the provisions of R.S. 18:1362 shall satisfy all of the following:
(1) The voting system shall produce an auditable voter-verified paper record.
(2) All voting system equipment shall have only essential functionality and shall not connect to the internet.
(3) The installation of software or firmware on the voting system shall be strictly limited to software or firmware deemed by the secretary of state to be essential to the voting system and shall be performed by employees of the secretary of state only.
(4) The secretary of state shall be responsible for all ballot programming and shall limit the use of third-party vendors to support services only.
(5) Access to physical ports on any voting machine shall be restricted and sealed at all times using serialized tamper-evident seals except for ports used to activate the voting machine for each voter's voting session or as required for testing, repair, or ballot preparation or tabulation.
(6) The voting system vendor shall provide documentation to the secretary of state regarding financial disclosure, equity holdings, and management structure and must disclose any percentage of ownership by a foreign entity either in whole or in part, including any subsidiary or affiliate.
(7) The tabulation of fractional votes shall be prohibited.
(8) The voting system servers shall be located within the state of Louisiana.
Acts 2021, No. 480, §1, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1374. Equipment of polling places; location of machines

RS 18:1374 - Equipment of polling places; location of machines
A. To the extent possible, the authority charged with the selection of polling places shall designate polling places which are equipped with proper electric current, fixtures, and outlets necessary to properly operate the voting machines and otherwise conduct the election.
B.(1)(a) Each voting machine used during early voting shall be placed inside the polling place and shall be in full view of the public during each day of early voting from the time the polling place is opened until the last elector has voted.
(b) Each voting machine used on election day shall be placed inside the polling place and shall be in full view of the public from the time the polling place is opened until the last elector has voted.
(2) The commissioners and watchers shall be stationed near the voting machines, and the commissioners shall regulate the admission of the voters thereto, and each shall always be in full view of the other election commissioners and watchers and, as far as possible, of the public.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 2002, 1st Ex. Sess., No. 130, §1, eff. April 23, 2002; Acts 2018, No. 304, §1.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1375. Duplicate keys

RS 18:1375 - Duplicate keys
Any duplicate or extra keys to the machines shall be sealed in an envelope by the parish custodian and the secretary of state and placed in a safe place. The seal shall not be broken or the keys used in any manner except with the consent of the parish custodian or the secretary of state.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 2001, No. 451, §6, eff. Jan. 12, 2004; Acts 2019, No. 374, §1, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1376. Release of voting machines; return to warehouse; retention of totals; clearing machines and election result cartridges

RS 18:1376 - Release of voting machines; return to warehouse; retention of totals; clearing machines and election result cartridges
A. Immediately upon completion of the tabulation of the returns and the securing and, if applicable, sealing of the machines at the polling place, the machines shall be released to the parish custodian or his deputy. The parish custodian shall ensure that all voting machines used at the polls within the parish are returned to the appropriate warehouse no later than forty-eight hours after the polls close on election day. Proper provisions shall be made for safeguarding machines after the polls close.
B.(1) For all elections subject to the provisions of this Title, the parish custodian shall ensure that the vote totals on any election result cartridges and the voting machines are retained and that the voting machines are secured and, if applicable, sealed until the secretary of state directs that the voting machines and any election result cartridges be cleared in accordance with Paragraph (2) of this Subsection.
(2) If an action contesting an election is not instituted within the period of time prescribed in R.S. 18:1405(B), then on the day after the lapse of the time for filing such an action the secretary of state shall direct that the voting machines and any election result cartridges be cleared. If an action contesting such an election is timely filed, the secretary of state shall direct that the voting machines and any election result cartridges be cleared after all data from each voting machine and election result cartridge used in the contested election is copied to removable memory devices.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1980, No. 506, §1; Acts 1981, No. 77, §1, eff. June 26, 1981; Acts 1981, No. 77, §1, eff. June 26, 1981; Acts 1982, No. 10, §1, eff. Jan. 1, 1983; Acts 1982, No. 778, §1, eff. Aug. 4, 1982; Acts 1983, No. 519, §1, eff. July 8, 1983; Acts 1984, No. 712, §1, eff. July 13, 1984; Acts 1985, No. 754, §1; Acts 1989, No. 179, §1, eff. Jan. 1, 1990; Acts 1989, No. 283, §1, eff. Jan. 1, 1990; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 2002, 1st Ex. Sess., No. 130, §1, eff. April 23, 2002; Acts 2021, No. 381, §1, eff. June 17, 2021.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1382. Apportionment of expenses

RS 18:1382 - Apportionment of expenses
The governing bodies of municipalities and parishes covered by the provisions of this Chapter are authorized to purchase suitable sites and to construct and equip suitable buildings for the proper storage of voting machines, and one-half of the costs thereof shall be paid by the governing body of each municipality or parish and the other one-half by the state of Louisiana. The portion to be paid by the state of Louisiana shall be by appropriation for the purpose by the legislature to the secretary of state. In the event of such purchase of sites and construction and maintenance of buildings, the title thereto shall rest one-half in the state and one-half in the parish or municipality coming under the provisions of this Chapter.
Acts 1977, No. 523, §1, eff. Jan. 1, 1978. Amended by Acts 1979, No. 229, §1, eff. July 13, 1979; Acts 2001, No. 451, §6, eff. Jan. 12, 2004.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1391. Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.

RS 18:1391 - Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1392. Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.

RS 18:1392 - Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1393. Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.

RS 18:1393 - Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1394. Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.

RS 18:1394 - Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1395. Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.

RS 18:1395 - Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1396. Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.

RS 18:1396 - Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1397. Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.

RS 18:1397 - Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1398. Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.

RS 18:1398 - Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1399. Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.

RS 18:1399 - Repealed by Acts 2002, 1st Ex. Sess., No. 130, §3, eff. April 23, 2002.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1400.5. Costs and expenses of a presidential preference primary election

RS 18:1400.5 - Costs and expenses of a presidential preference primary election
A. Except as otherwise provided herein, the costs and expenses incurred for a presidential preference primary election shall be paid by the secretary of state as in gubernatorial elections.
B. When a local governing authority is required by this Chapter to pay the costs and expenses incurred for an election, and such election is scheduled to be held on the date of a presidential preference primary election, the local governing authority shall pay all costs and expenses incurred for such elections.
Added by Acts 1983, No. 681, §1, eff. July 21, 1983; Acts 2001, No. 451, §6, eff. Jan. 12, 2004.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1400.6. Costs and expenses of primary and general elections

RS 18:1400.6 - Costs and expenses of primary and general elections
A. Any local governing authority or school board which receives a request for reimbursement of election costs pursuant to this Title shall pay such reimbursement promptly.
B. Repealed by Acts 2019, No. 374, §3, eff. June 19, 2019.
C. If payment for any such reimbursement is not received by the secretary of state on the one hundred twentieth day following the first billing by the secretary of state, the account shall be forwarded to the attorney general for collection. The attorney general is additionally authorized to collect the actual expenses his office incurs in the collection of such account.
Added by Acts 1983, No. 682, §1; Acts 1986, No. 669, §1; Acts 1988, No. 909, §1, eff. Jan. 1, 1989; Acts 2001, No. 451, §1, eff. Jan. 12, 2004; Acts 2001, No. 1181, §1, eff. Jan. 1, 2002; Acts 2019, No. 374, §3, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1400.7. Election expenses

RS 18:1400.7 - Election expenses
Notwithstanding any other provision of law to the contrary, on and after January 1, 1997, the parish governing authority shall be responsible for all election expenses incurred in any precinct which is not in compliance with the provisions of R.S. 18:532(B)(4) and shall reimburse the state for any such costs.
Acts 1995, No. 552, §1, eff. Jan. 1, 1996.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1400.8. Expenses incurred by registrars of voters conducting early voting; payment by secretary of state

RS 18:1400.8 - Expenses incurred by registrars of voters conducting early voting; payment by secretary of state
Election expenses incurred by a registrar of voters and his permanent employees to perform election duties and responsibilities associated with early voting on any day during the week between 4:30 p.m. and the time that early voting terminates that day and on any Saturday on which early voting is conducted shall be paid by the state from funds appropriated to the secretary of state for that purpose and shall be a reimbursable election expense as provided by R.S. 18:1400.2.
Acts 2007, No. 229, §1; Acts 2008, No. 167, §1, eff. June 12, 2008; Acts 2015, No. 269, §1, eff. Jan. 1, 2016, and §2, eff. Dec. 31, 2017.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1400.9. Expenses incurred by secretary of state for overtime related to conduct of early voting and the election; payment by secretary of state

RS 18:1400.9 - Expenses incurred by secretary of state for overtime related to conduct of early voting and the election; payment by secretary of state
Election expenses incurred by the secretary of state for the payment of overtime compensation to his permanent employees for overtime incurred to perform duties and responsibilities associated with early voting and the election during the time period beginning at 4:30 p.m. on the day before the start of early voting through 11:59 p.m. on the day after election day shall be paid by the state from funds appropriated to the secretary of state for that purpose.
Acts 2020, No. 253, §1, eff. June 11, 2020.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1401. Objections to candidacy; contests of elections; contests of certification of recall petition; parties authorized to institute actions

RS 18:1401 - Objections to candidacy; contests of elections; contests of certification of recall petition; parties authorized to institute actions
NOTE: Subsection A eff. until Jan. 1, 2026. See Acts 2024, 1st Ex. Sess., No. 1.
A. A qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to vote.
NOTE: Subsection A as amended by Acts 2024, 1st Ex. Sess., No. 1, eff. Jan. 1, 2026.
A.(1) A qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to vote.
(2) A qualified elector may bring an action objecting to the candidacy of a person who is unaffiliated with a recognized political party pursuant to R.S. 18:441(C) who qualified as a candidate in a general election for a party primary office in which the plaintiff is qualified to vote.
B. A candidate who alleges that, except for substantial irregularities or error, or except for fraud or other unlawful activities in the conduct of the election, he would have qualified for a general election or would have been elected may bring an action contesting the election.
C. A person in interest may bring an action contesting any election in which any proposition is submitted to the voters if he alleges that except for irregularities or fraud in the conduct of an election the result would have been different.
D. A qualified elector may bring an action objecting to the calling of a special election to fill a vacancy if he alleges that no special election should have been called or that the special election was called on an improper day.
E.(1) A public officer whose recall is sought may bring an action contesting the certification of the recall petition certified pursuant to R.S. 18:3 and Chapter 6-C of this Title.
(2) The chairman or vice chairman listed on the recall petition may bring an action contesting the certification of the recall petition certified pursuant to R.S. 18:3 and Chapter 6-C of this Title.
F. A public officer who alleges that except for substantial irregularities or error or except for fraud or other unlawful activities in the conduct of the election he would not have been recalled may bring an action contesting the election.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1980, No. 564, §1, eff. July 23, 1980; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2010, No. 570, §1, eff. Jan. 1, 2011; Acts 2010, No. 621, §1; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2024, 1st Ex. Sess., No. 1, §1, eff. Jan. 1, 2026.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1402. Proper parties

RS 18:1402 - Proper parties
A. The following persons are the proper parties against whom actions objecting to candidacy shall be instituted:
(1) The person whose candidacy is objected to.
(2) The clerk of court, in his official capacity, if the candidate qualified with the clerk of court.
(3) The secretary of state, in his official capacity, if the candidate qualified with the secretary of state.
B.(1) The following persons are the proper parties against whom election contests shall be instituted:
(a) The secretary of state, in his official capacity, when contesting an election on any proposed amendment to the constitution.
(b) The governing authority which called the election, when contesting an election on a proposition.
(c) The person or persons whose eligibility to be a candidate in a general election or whose election to office is contested.
(2) Any candidate in an election which is contested shall be a proper party to and shall have standing to intervene in the action contesting the election.
C. The secretary of state, in his official capacity, shall be made a party defendant to any action contesting an election for public office, an election submitting a proposition to the voters, or an election for the recall of a public officer. The secretary of state, in his official capacity, shall be made defendant to any action objecting to the calling of a special election. The secretary of state, in his official capacity, shall be made a party defendant to any action contesting the certification of a recall petition. The secretary of state shall have standing to intervene in an action objecting to candidacy in which the secretary of state was not the qualifying official.
D. Costs of court shall not be assessed against the secretary of state when named as a defendant in any action contesting an election, objecting to candidacy, objecting to the calling of a special election, or contesting the certification of a recall petition.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 1997, No. 1420, §1, eff. Jan. 1, 1998; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2001, No. 451, §1, eff. Jan. 12, 2004; Acts 2005, No. 431, §1, eff. Jan. 1, 2006; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2008, No. 136, §1, eff. June 6, 2008; Acts 2010, No. 570, §1, eff. Jan. 1, 2011; Acts 2010, No. 621, §1; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2013, No. 383, §1, eff. June 18, 2013; Acts 2017, No. 176, §1, eff. June 14, 2017; Acts 2020, No. 28, §1, eff. June 4, 2020.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1403. Jurisdiction

RS 18:1403 - Jurisdiction
The district courts shall have exclusive original jurisdiction of actions objecting to candidacy, objecting to the calling of a special election, contesting the certification of a recall petition, and contesting elections. In a judicial district wherein there is a criminal and a civil district court, the civil district court shall have exclusive original jurisdiction.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2010, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1404. Venue

RS 18:1404 - Venue
A.(1) An action objecting to a candidate or contesting an election shall be instituted in the district court for the parish where the state capitol is situated if the action involves an office filled by statewide election and shall be instituted in the district court for any parish included, in whole or part, in the district for the office the action involves.
(2) An action objecting to the calling of a special election shall be instituted in the district court for the parish where the governing authority calling such special election is domiciled. If the governor, president of the Senate, or speaker of the House of Representatives calls the special election, then an action objecting to the calling of such special election shall be instituted in the district court for the parish where the state capitol is situated.
B. An action contesting an election on a proposition, except an election on a proposed constitutional amendment, shall be brought in the district court for the parish where the governing authority calling the election is domiciled.
C. An action contesting an election upon a proposed constitutional amendment shall be brought in the district court for the parish where the state capitol is situated.
D. An action contesting the certification of a recall petition shall be instituted in the district court for a parish included in whole or in part in the voting area wherein the recall election is sought; however if the public officer sought to be recalled is a statewide elected official, an action contesting the certification of a recall petition shall be instituted in the district court for the parish where the state capitol is situated.
E. An action contesting an election for the recall of a public officer shall be instituted in the district court for a parish included in whole or in part in the voting area wherein the recall election is held; however, if the public officer recalled is a statewide elected official, an action contesting the election shall be instituted in the district court for the parish where the state capitol is situated.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2010, No. 621, §1; Acts 2012, No. 138, §1, eff. May 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1406. Petition; answer; notification

RS 18:1406 - Petition; answer; notification
A. An action objecting to the calling of a special election, objecting to candidacy, contesting the certification of a recall petition, or contesting an election shall be instituted by filing a petition in a court of competent jurisdiction and venue and posting a copy of the petition in a conspicuous place at the entrance of the office of the clerk of court where the petition is filed.
B. The petition shall set forth in specific detail the facts upon which the objection or contest is based. If the action contests an election involving election to office, the petition shall allege that except for substantial irregularities or error, fraud, or other unlawful activities in the conduct of the election, the petitioner would have qualified for a general election or would have been elected. If the action contests an election involving the recall of a public officer, the petition shall allege that except for substantial irregularities or error, fraud, or other unlawful activities in the conduct of the election, the petitioner would not have been recalled. The trial judge may allow the filing of amended pleadings for good cause shown and in the interest of justice.
C. The defendant shall be served with citation directing him to appear in court no later than 10:00 a.m. on the fourth day after suit was filed, subject, however, to the provisions of R.S. 18:1408(D). The defendant is not required to answer the petition, but if he answers, he shall do so prior to trial.
D. The clerk of court shall immediately notify the secretary of state by telephone and by written notice sent by electronic mail or facsimile when an action objecting to the calling of a special election, objecting to candidacy, contesting the certification of a recall petition, or contesting an election has been filed.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1985, No. 754, §1; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2001, No. 451, §6, eff. Jan. 12, 2004; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2010, No. 570, §1, eff. Jan. 1, 2011; Acts 2010, No. 621, §1; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2020, No. 28, §1, eff. June 4, 2020.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1407. Appointment of agent for service of process

RS 18:1407 - Appointment of agent for service of process
By filing notice of candidacy a candidate appoints the clerk of court for each parish in which he is to be voted on as his agent for service of process in any action objecting to his candidacy, contesting his qualification as a candidate in a general election, or contesting his election to office.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 2006, No. 560, §1, eff. Jan. 1, 2007; Acts 2010, No. 570, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1408. Service of process; sending notice and copies; documents to be filed

RS 18:1408 - Service of process; sending notice and copies; documents to be filed
A. If service of process is to be made on the appointed agent, as authorized by R.S. 18:1407, such service shall be made by serving citation on this agent, but at the same time that service is made on the appointed agent, a diligent effort shall be made to make personal service on the defendant at his domiciliary address as shown on his notice of candidacy.
B. When service is made on the appointed agent, he shall immediately notify the defendant by telephone and send notice thereof, together with a copy of the citation, by electronic mail to the address listed on his notice of candidacy. If the defendant did not list an electronic mail address on his notice of candidacy, the appointed agent shall mail a copy of the citation to the defendant at his domiciliary address as listed on his notice of candidacy.
C. Service of process on and citation of the appointed agent, together with the posting of the petition as provided in R.S. 18:1406, shall be sufficient service to give the trial court jurisdiction over the person of the defendant.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1999, No. 395, §3; Acts 2020, No. 128, §1, eff. Feb. 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1410. Judgments in objection to candidacy, election contest, or contest of certification of recall petition; transmittal of certified copy to secretary of state

RS 18:1410 - Judgments in objection to candidacy, election contest, or contest of certification of recall petition; transmittal of certified copy to secretary of state
A certified copy of the judgment rendered in an action objecting to the calling of a special election, objecting to candidacy, contesting the certification of a recall petition, or contesting an election shall be transmitted by the clerk of court to the secretary of state. Upon receipt of a final judgment of a court of competent jurisdiction disqualifying a candidate, the secretary of state shall remove the candidate's name from the ballot if the ballot has not been printed. If the ballot has been printed with the disqualified candidate's name, any votes received by the disqualified candidate shall be void and shall not be counted for any purpose whatsoever.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1985, No. 754, §1; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2001, No. 451, §6, eff. Jan. 12, 2004; Acts 2010, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1411. Depositions

RS 18:1411 - Depositions
A party to an objection to candidacy, an action contesting the certification of a recall petition, or an election contest may take a deposition relative to the facts specified or to be specified in the petition at any time before the trial, upon giving the other party at least forty-eight hours notice of the time and place the deposition is to be taken. The deposition may be taken before any officer authorized to administer oaths, and the attendance of witnesses and the production of documentary evidence of any kind may be compelled by a court.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 2010, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1412. Pleadings alleging fraud in conduct of election; delivery to attorney general and district attorney

RS 18:1412 - Pleadings alleging fraud in conduct of election; delivery to attorney general and district attorney
The clerk of court shall immediately notify by telephone and/or facsimile transmission the attorney general and the district attorney for every parish where fraud is alleged to have occurred and shall deliver a certified copy of any such pleading to the attorney general and to each such district attorney.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1995, No. 300, §1, eff. June 15, 1995.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1413. Computation of time

RS 18:1413 - Computation of time
Computation of all time intervals in this Chapter shall include Sundays and other legal holidays. However, if the time interval ends on a Sunday or other legal holiday, then noon of the next legal day shall be deemed to be the end of the time interval.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1995, No. 300, §1, eff. June 15, 1995.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1415. Discovery prior to filing a suit contesting an election

RS 18:1415 - Discovery prior to filing a suit contesting an election
A. Provided an action contesting an election involving election to office has not been filed pursuant to R.S. 18:1405(B), a candidate may conduct limited discovery as provided herein during the period of time after the close of the polls on election day and prior to the expiration of time to file a suit contesting such election.
B. Provided an action contesting an election involving the recall of a public officer has not been filed pursuant to R.S. 18:1405(H), the recalled public officer may conduct limited discovery as provided in this Section during the period of time after the close of the polls on election day and prior to the expiration of time to file a suit contesting such election.
C. Such discovery may be conducted only after execution of an affidavit by a poll watcher, commissioner, or any other election official that he has personal knowledge of an irregularity in the election and only after such affidavit has been filed with a court of competent jurisdiction. The nature of the irregularity shall be specified in the affidavit. The clerk of court shall immediately notify the secretary of state by telephone and by written notice when such affidavit has been filed, and shall notify the opponents of the candidate of the filing of the affidavit. The clerk shall also supply a copy of the affidavit to each opponent of the candidate.
D. Discovery shall be limited to the taking of the deposition of any election official, including his employees, having responsibilities regarding the conduct of such election and the inspection and copying of documents and other records in the custody and control of any such election official, but shall not include access to voting machines prior to the date such machines are opened in accordance with R.S. 18:573. The deposition of a statewide elected official or his employee shall be conducted at the office of such official.
E. Upon the request of the candidate or recalled public officer, after the filing of the affidavit as provided in Subsection C of this Section, the clerk of any district court shall issue subpoenas and subpoenas duces tecum in aid of the taking of depositions and the production of documentary evidence for inspection or copying, or both.
F. The authority for a candidate or recalled public officer to conduct discovery under the provisions of this Section shall cease when an action contesting such election is filed pursuant to R.S. 18:1405(B) or (H).
G. A candidate or recalled public officer who conducts limited discovery as provided in this Section shall be responsible for all reasonable costs associated with such discovery.
Acts 1997, No. 975, §1; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2001, No. 451, §6, eff. Jan. 12, 2004; Acts 2012, No. 138, §1, eff. May 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1431. Fraudulent or illegal votes; uncounted votes; determination of election result

RS 18:1431 - Fraudulent or illegal votes; uncounted votes; determination of election result
When the court finds that one or more of the votes cast in a contested election are illegal or fraudulent, the judge shall subtract such vote or votes from the total votes cast for the candidate who received them if the contest involves election to office, from the total vote for or against a proposition if the contest is of an election upon a proposition, or from the total vote for or against the recall of a public officer if the contest involves an election for the recall of a public officer. If the court determines that legal votes cast in the election were excluded in the total votes cast on a candidate, proposition, or recall, then these excluded legal votes shall be added to the total votes on the candidate, proposition, or recall to which they are attributable. Thereafter, and after considering all the evidence, the court shall determine the result of the election.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 2012, No. 138, §1, eff. May 14, 2012.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1433. Revote in precincts because of malfunctions

RS 18:1433 - Revote in precincts because of malfunctions
A. Notwithstanding the provisions of R.S. 18:1432, if a discrepancy sufficient to change the result of the election between the total votes cast at an election and the votes counted for the candidates in the election or for or against the recall of a public officer occurs as a result of the malfunction of a voting machine or results tape and results cartridge, and an accurate count of the votes cast on the malfunctioning machine or results tape and results cartridge cannot be determined by the offering of circumstantial evidence or any other evidence, the court shall order a revote in the precinct where the voting machine or results tape and results cartridge malfunctioned, which shall be limited to those persons listed on the poll list as having cast their ballots in person at the polls in the election in which the machine or results tape and results cartridge malfunctioned.
B. Notwithstanding the provisions of R.S. 18:1432, if a discrepancy sufficient to change the result of the election between the total votes cast at an election and the votes counted for the candidates in the election or for or against the recall of a public officer occurs as a result of the malfunction of a voting machine or results tape and results cartridge used for early voting, and an accurate count of the votes cast on the malfunctioning machine or results tape and results cartridge cannot be determined by the offering of circumstantial evidence or any other evidence, the court shall order a revote of electronic early voting ballots in the parish where the voting machine or results tape and results cartridge used for early voting malfunctioned, which shall be limited to those persons who voted during early voting in the election.
C. Those persons who cast their votes by paper absentee by mail or early voting ballots in that election shall not be eligible to vote in the revote election. The votes cast by paper absentee by mail or early voting ballot in the first election shall be retained, counted, and added to the voting machine totals in the revote election.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1977, No. 523, §1, eff. Jan. 1, 1978; Acts 2002, 1st Ex. Sess., No. 130, §1, eff. April 23, 2002; Acts 2005, No. 220, §4, eff. Jan. 1, 2006; Acts 2012, No. 138, §1, eff. May 14, 2012; Acts 2019, No. 374, §1, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1433.1. Revote in elections where precinct contained multiple election districts if result cannot be otherwise ascertained

RS 18:1433.1 - Revote in elections where precinct contained multiple election districts if result cannot be otherwise ascertained
A. If a discrepancy sufficient to change the result of the election between the total votes cast in an election and the number of eligible voters voting in an election district occurs as a result of any precinct containing multiple election districts in which votes were cast and counted in the wrong election district, the court shall order a revote for that election in the precinct or precincts containing multiple election districts where such a discrepancy occurred.
B. The revote shall include all candidates listed on the ballot in the challenged election for the disputed office. The revote shall be limited to those persons listed on the poll list as having cast their ballots in person at the polls in the election in which the discrepancy occurred.
C. Those persons who cast their votes by absentee by mail or early voting ballots in that election shall not be eligible to vote in the revote election. The votes cast by absentee by mail or early voting ballot in the first election shall be retained, counted, and added to the voting machine totals in the revote election.
Acts 1984, No. 672, §1; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 2005, No. 220, §4, eff. Jan. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1434. Waiver of objections to voter qualifications when voter is not challenged at the election

RS 18:1434 - Waiver of objections to voter qualifications when voter is not challenged at the election
An objection to the qualifications of a voter, except for an objection to a voter who should have been removed from the voter registration rolls pursuant to R.S. 18:173, or to an irregularity in the conduct of the election, which with the exercise of due diligence could have been raised by a challenge of the voter or objections at the polls to the procedure, is deemed waived.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 1997, No. 591, §1.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1435. Votes reported due to tabulation error; determination of result

RS 18:1435 - Votes reported due to tabulation error; determination of result
When the court finds that one or more of the reported votes in a contested election are the result of an error in tabulation by an election official and the judge can accurately assess which are the correct votes, the judge shall correct the vote totals accordingly. Thereafter, and after considering all the evidence, the court shall determine the result of the election.
Acts 2004, No. 526, §2, eff. June 25, 2004.
2023 Louisiana Laws › Revised Statutes › Title 18 - Louisiana Election Code › §18:1451. Recount of absentee by mail and early voting ballots authorized

RS 18:1451 - Recount of absentee by mail and early voting ballots authorized
Prior to the trial of an election contest, a party to the suit by ex parte motion may seek a recount of the absentee by mail and early voting ballots if he alleges that there is an error in the counting of the absentee by mail and early voting ballots which would have changed the outcome of the election.
Acts 1976, No. 697, §1, eff. Jan. 1, 1978; Acts 2005, No. 220, §4, eff. Jan. 1, 2006.