State Summary

Louisiana has no automatic recount in statute. The state does allow for candidate-initiated and voter-initiated recounts of absentee and early voting ballots, if the number of these ballots could make a difference in the outcome of the election. (Voters may only request recounts of ballot measures.) Voters and candidates must make a recount request by the third day after the election, and the recount must be held on the fifth day after the election. (If this day falls on a holiday or weekend, the recount will take place on the next working day.) Note that Louisiana’s election code also provides for recounts conducted as part of election contests, and the court determines the timing of any such recount. Recounts in Louisiana are conducted by hand count, retabulation, and electronic review (see “Counting Method” for further details.)

Counting Method

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. 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” (electronic review) of the election returns. La. Rev. Stat. § 18:573(A)(3).

Initiating Mechanisms

Candidate-initiated
Voter-initiated

Close Vote Margin Options

A close vote margin is required for candidate and voter-initiated recounts. See the sections on Candidate-Initiated and Voter-Initiated Options for details.

Candidate-Initiated Options

Close vote margin required
Contested election
Specific ballot category (e.g. absentee ballots)

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) and 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 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 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).

Voter-Initiated Options

Close vote margin required
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) and 18:1313.1(L)(2)(a)(ii).

Timing: La. Rev. Stat. §§ 18:1313(K)(2)(b) and 18:1313.1(L)(2)(b).

Cost for Candidate-Initiated Recounts

Paid entirely by initiator
Payor of costs depends on outcome

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 Election Expense Manual (2023), 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).

Cost for Voter-Initiated Recounts

Payor of costs depends on outcome

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) –(ii) and 18:1313.1(L)(2)(d)(i)–(ii). See also Election Expense Manual (2023), 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.

Challengers and Observers

Party/candidate/initiator may appoint observers, no guidance on challengers

Although the statutes do not specify that recounts must be public, in practice, recounts and reinspections are open to the public. Parish Board Of Election Supervisor’s Handbook (2024), Section 4.02: "Statutory Public Meetings Open to the General Public,” pp. 4-6.

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).

Rules for Determining Voter Intent

No statutory guidance provided.

Resources

La. Rev. Stat. § 18:573
La. Rev. Stat. § 18:1313
La. Rev. Stat. § 18:1313.1
La. Rev. Stat. § 18:1451
La. Rev. Stat. § 18:1452
La. Rev. Stat. § 18:1453
Election Expense Manual (2023)

Additional Resources

Louisiana Revised Statutes - Chapter 18 - Elections
Louisiana Secretary of State
Parish Board of Election Supervisors Handbook (2024)