In the Caddo sheriff runoff election on Nov. 18 there were multiple documented problems with absentee ballots--specifically the correct completion of the flap on the absentee ballot envelope that contained the ballot. The flap is duplicated here:
Louisiana law mandates that the flap be completely filled out if the ballot is to be counted. Completely means all the lines filled in the manner indicated on the flap. At least 68 absentee ballots were not counted because of problems with the information completed on the flap. Judge Bleich identified 11 and the Board of Supervisors rejected at least 57.
Here is information from Section 8.01 of the Louisiana Parish Board of Election Supervisors Handbook outlining the Absentee Cure Process:
A. The Secretary of State has adopted an absentee ballot cure process in accordance with R.S. 49:950 et seq., the Administrative Procedure Act. The process is codified in Louisiana Administrative Code (LAC) Title 31, Part 1, Chapter 3, Sections 301-305.
B. The cure process requires each registrar of voters to review the absentee ballot envelope flap upon receipt for the following deficiencies:
(1) missing voter signature; (2) missing witness signature; and (3) incomplete affidavit information, including but not limited to missing election date and voter information.
If an absentee ballot envelope flap has deficiencies, the registrar of voters is required to notify the voter immediately to allow them to correct the above listed deficiencies.
The questions that need to be answered include:
1. Was Section 8.01 followed for all the absentee ballots that were NOT counted? And if not, why not?
2. How many other absentee ballot flaps were NOT properly completed even though the vote was counted...i.e. the ballots was not rejected?
With 7000 plus absentee ballots and only a small sampling of the flaps, there is no doubt that a substantial number of ballots were counted that should have been rejected.
3. What procedures can be implemented by the Registrar of Voters and the Election Board of Supervisors to ensure that the mandated procedure for absentee ballots for the next elections, especially the March 23 Caddo Sheriff election, will be followed?
4. What action(s) should be taken for any malfeasance by the Registrar of Voter's Office?
The last thing Caddo needs is another election challenge based on absentee ballots and more litigation.
However, if a vote margin is very close, one can expect such action by the candidate who comes up short.