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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


2008 Key Questions for Key States

Louisiana

The complete research by Election Law @ Moritz for Louisiana can be found below.

Institutional Arrangements

State Chief Election Authorities

Elected individual (R)

Chief election authority: Secretary of State. LSA-R.S. § 18:421.

Method of selection: Elected. Const. Art 4, § 3.

Current officer: Jay Dardenne (R). Jindal picks Angele Davis as top budget officer, AP Alert – Political, December 5, 2007. (Last updated 1/1/08)

State High Court Composition

D heavy/elected

  Method of selection: Election. Const. Art 5, § 22. Unexpired terms are filled by special election.

Justices: Pascal F. Calogero, Jr. (D), Jeffrey P. Victory (D), Jeannette Theriot Knoll (D), Chet D. Traylor (R), Catherine D. Kimball (D), John L. Weimer (D), Bernette J. Johnson (D) (Last updated 12/21/07)

Sources:

Voter Registration

EL@M did not research this topic for Louisiana

Challenges

EL@M did not research this topic for Louisiana

Provisional Ballots

EL@M did not research this topic for Louisiana

Early and Absentee Voting

EL@M did not research this topic for Louisiana

Voting Technology

EL@M did not research this topic for Louisiana

Polling Place Operations

Polling place closing times - local times

8:00 PM local time

Polling place closing times - by Eastern time zone

9:00 PM Eastern time

Ballot Security

EL@M did not research this topic for Louisiana

Emergency Preparedness

EL@M did not research this topic for Louisiana

Post-Election Processes

What Court Would Hear a Presidential Contest?

Trial Court

L.R.S. 18:1401 authorizes election contests generally. Election contests are within the exclusive jurisdiction of the district courts. L.R.S. 18:1403. District court judges are elected to 6-year terms. La. Const. Art. V, §§ 15 and 22. District courts are local trial courts. 

Who Performs Presidential recounts?

Court-ordered recounts only/unconstrained

Louisiana statutes authorize recounts only as part of an election contest. LSA-R.S. 18-1451. Even then, only absentee and early voting ballots may be recounted. A representative of the Louisiana Department of State indicated that it is not possible to perform a recount of other types of ballots because they are cast on DRE machines without VVPATs. The state Supreme Court has rejected arguments that allowing recounts only for certain types of ballots is unfair. McGee v. Lee, 328 So.2d 159, 163 (LA, 1976).

The court will appoint the “counters” who conduct the recount. 18:1453. There are no constraints on their partisanship. Both parties to the election contest may be present at the recount. Any candidate who claims he or she should have won an election may bring a contest. 18:1401. Louisiana does allow candidates to inspect voting machines and the recorded vote totals after an election. LSA-R.S. 18:573. However, the information gained is only for evidentiary purposes, and generally cannot in itself change the result of an election the way that recounts in other states can.