Louisiana Recount Laws
This information was updated 11/7/2022.
DREs without VVPAT
For more details, visit Verified Voting.
Mix of hand count, retabulation and electronic review
The statutes only allow recounts for absentee by mail and early voting ballots. The absentee by mail ballots will be counted by hand or scanning equipment, and the DRE early voting ballots will be counted electronically, unless paper ballots were used for early voting and in such case, the ballots shall be recounted by hand. See the Louisiana Revised Statutes (LA Rev. Stat.) 18:1313(K)(2)(a)(i) & (ii), and 18:1313.1(L)(2)(a)(i) & (ii).
Louisiana uses DREs without VVPATs for its election day, polling place voting equipment. Candidates or their representatives may submit a written request to reopen DREs for a “reinspection” (an electronic review) of the election returns. LA Rev. Stat. 18:573(A)(3).
Candidate-initiated
Voter-initiated
Close-vote margin required
Specific ballot category
Contested election
If the number of absentee by mail and early voting ballots cast for all candidates for an office could make a difference in the outcome of the election for such office, a candidate may file a written request for a recount. LA Rev. Stat. 18:1313(K)(2)(a)(i) & 18:1313.1(L)(2)(a)(i) & (ii)
Candidates may file a written request for a “reinspection” (an electronic review) of the polling place DRE results. LA Rev. Stat. 18:573(A)(3).
Candidates may also seek a recount as part of an election contest in the courts. "Prior to the trail 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 the counting of the absentee by mail and early voting ballots which would have changed the outcome of the election." LA Rev. Stat. 18:1451.
Timing: LA Rev. Stat. 18:1313(K)(2)(b), 18:1313.1(L)(2)(b), 18:573(A)(3) and 18:1453(A).
Close vote margin required (specific ballot category)
Voters may request recounts for initiatives/questions
If the number of absentee by mail and early voting ballots cast for and against a ballot measure could make a difference in the outcome of the election, a person who voted in the ballot measure election may file a written request for a recount. LA Rev. Stat. 18:1313(K)(2)(a)(ii) & 18:1313.1(L)(2)(a)(ii).
Timing: LA Rev. Stat. 18:1313(K)(2)(b) &18:1313.1(L)(2)(b).
Paid entirely by initiator
Payer of costs depends on outcome of recount
The candidate requesting the recount shall be responsible for all reasonable costs associated with the recount. If the recount changes the outcome of the election, the costs paid by the candidate shall be refunded. LA Rev. Stat. 18:1313(K)(d)(i) & (ii), and 18:1313.1(L)(2)(d)(i) & (ii). See also the Election Expense Manual, pp. 11-13.
For recounts conducted prior to the trial of an election contest, “if the court determines that the original count of the absentee by mail and early voting ballots was correct or that the error would not have changed the result of the election, the cost of recounting shall be assessed against the party who demanded the recount. If the court determines that an error was made in the original count of the absentee by mail and early voting ballots that changed the result of the election, the cost of recounting the absentee by mail and early voting ballots shall not be assessed against any party.” LA Rev. Stat.18:1452.
For reinspections of DREs, the “candidate requesting the reinspection shall be responsible for all reasonable costs associated with such reinspection….” LA Rev. Stat. 18:573(A)(3).
Paid entirely by initiator
Payer of costs depends on outcome of recount
In a ballot measure election, the voter requesting the recount shall be responsible for all reasonable costs associated with the recount. If the recount changes the outcome of the election, the costs paid by the voter will be refunded. LA Rev. Stat. 18:1313(K)(2)(d)(i) and (2)(d)(ii) & (2)(d)(ii), and 18:1313.1(L)(2)(d)(i) and (2)(d)(ii). See also the Election Expense Manual, pp. 11-13.
For recounts conducted prior to the trial of an election contest, “if the court determines that the original count of the absentee by mail and early voting ballots was correct or that the error would not have changed the result of the election, the cost of recounting shall be assessed against the party who demanded the recount. If the court determines that an error was made in the original count of the absentee by mail and early voting ballots that changed the result of the election, the cost of recounting the absentee by mail and early voting ballots shall not be assessed against any party.” LA Rev. Stat. 18:1452.
Party/candidate or initiator has statutory authority to appoint observers
No statutory guidance for recount challengers
Although the statutes do not specify that recounts must be public, in practice, recounts and reinspections are open to the public. See the Parish Board Of Election Supervisor’s Handbook, Section 4.2: "Statutory Public Meetings Open to the General Public,” pp 3-4.
For recounts conducted prior to the trial of an election contest, “[t]he trial judge shall give notice of the time and place of the recount to all interested parties. The parties, or their representatives, may be present at the recount, but the recount shall not be an adversary proceeding.” LA Rev. Stat. 18:1453(B).
No statutory guidance provided
This information was updated 11/7/2022 using Title 18 of the Louisiana Revised Statutes updated through the December 2021 elections.