HLS 13RS-817 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 253
BY REPRESENTATIVES LEOPOLD, BILLIOT, CONNICK, STOKES, TALBOT, AND
WILLMOTT AND SENATORS APPEL AND MARTINY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELECTIONS/POLLING PLACES: Provides relative to law enforcement officers at polling
places
AN ACT1
To amend and reenact R.S. 18:428(E) and to enact R.S. 18:428(F), relative to the presence2
of law enforcement officers at polling places; to provide exceptions; to provide3
restrictions and requirements; to provide definitions; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 18:428(E) is hereby amended and reenacted and R.S. 18:428(F) is7
hereby enacted to read as follows: 8
ยง428. Law enforcement assistance to commissioners9
* * *10
E. Notwithstanding any provision of this Section to the contrary, law11
enforcement officers may be stationed at polling places if in the regular course and12
scope of their duties such law enforcement officers provide security for the public13
building in which the polling place is located and for the personnel working in such14
building. Law enforcement officers stationed at a polling place pursuant to the15
provisions of this Subsection shall not interfere with the conduct of the election, the16
voters, or the election officials.17
F. Law enforcement officers. For purposes of this Code, the term "law18
enforcement officer" shall mean any employee of the state, a municipality, a sheriff,19 HLS 13RS-817 ORIGINAL
HB NO. 253
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
or other public agency, whose permanent duties actually include the making of1
arrests, the performing of searches and seizures, or the execution of criminal2
warrants, and who is responsible for the prevention or detection of crime or for the3
enforcement of the penal, traffic, or highway laws of this state.4
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Leopold HB No. 253
Abstract: Authorizes the stationing of law enforcement officers at polling places in certain
circumstances.
Present law (R.S. 18:428) defines "law enforcement officer" to mean any employee of the
state, a municipality, a sheriff, or other public agency, whose permanent duties include
making arrests, performing searches and seizures, or executing warrants, and who is
responsible for the prevention or detection of crime or for the enforcement of penal, traffic,
or highway laws. Proposed law retains present law.
Present law (R.S. 18:2(5.1)) defines "polling place" as any location where voting, either
early or on election day, is conducted pursuant to the La. Election Code. Proposed law
retains present law.
Present law (R.S. 18:428) prohibits law enforcement officers from being stationed at polling
places on election day.
Proposed law creates an exception to present law. Proposed law authorizes law enforcement
officers to be stationed at polling places if in the regular course and scope of their duties
such officers provide security for the public building housing the polling place and the
personnel in such building.
Proposed law further provides that such law enforcement officers shall not interfere with the
conduct of the election, the voters, or the election officials.
(Amends R.S. 18:428(E); Adds R.S. 18:428(F))