SLS 20RS-236 ORIGINAL
2020 Regular Session
SENATE BILL NO. 183
BY SENATOR HARRIS
ELECTION DAYS. Authorizes clerks of court to have law enforcement officers at polling
places on election day to enforce law and authorizes law enforcement officers to enter voting
location in an emergency. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 18:428(A) and (F), and to enact R.S. 18:428(G) and 1309(A)(5);
3 relative to law enforcement assistance at polling places under certain circumstances;
4 to provide for law enforcement officers to assist in preserving order; to provide for
5 the protection of election officials; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 18:428(A) and (F) are hereby amended and reenacted and
8 R.S. 18:428(G) and 1309(A)(5) are hereby enacted to read as follows:
9 §428. Law enforcement assistance to commissioners
10 A. Presence at polling places on election day. Law enforcement officers shall
11 not be stationed at polling places on election day, but the commissioners or the clerk
12 of court may summon law enforcement officers to assist them in preserving order,
13 enforcing the election laws, or protecting election officials from interference with the
14 performance of their duties. Law enforcement officers shall not be eligible to serve
15 as commissioners-in-charge, commissioners, alternate commissioners, or watchers.
16 * * *
17 F. Notwithstanding any provision of this Section to the contrary, law
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 183
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1 enforcement officers may enter the polling place when there is a reasonable
2 belief there is an emergency and the commissioners are unable to summon the
3 law enforcement officers.
4 FG. Law enforcement officers. For purposes of this Code, the term "law
5 enforcement officer" shall mean any employee of the state, a municipality, a sheriff,
6 or other public agency, whose permanent duties actually include the making of
7 arrests, the performing of searches and seizures, or the execution of criminal
8 warrants, and who is responsible for the prevention or detection of crime or for the
9 enforcement of the penal, traffic, or highway laws of this state.
10 * * *
11 §1309. Early voting; verification
12 A.(1) * * *
13 (5) Notwithstanding any provision of this Section to the contrary, law
14 enforcement officers may enter the early voting location when there is a
15 reasonable belief there is an emergency and the registrar is unable to summon
16 the law enforcement officers.
17 * * *
18 Section 2. This Act shall become effective upon signature by the governor or, if not
19 signed by the governor, upon expiration of the time for bills to become law without signature
20 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
21 vetoed by the governor and subsequently approved by the legislature, this Act shall become
22 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
SB 183 Original 2020 Regular Session Harris
Present law prohibits law enforcement officers from being stationed at polling places on
election day, with the exception when the commissioners summon law enforcement officers
to assist them.
Proposed law retains present law and provides that the clerk of court may summon law
enforcement officers to assist them at polling places. Proposed law further provides for law
enforcement officers to enter a polling place when there is reasonable belief there is an
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 183
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emergency and the commissioners are unable to summon the law enforcement officers.
Present law provides that the registrar may use law enforcement officers to maintain order
at any location where early voting is conducted.
Proposed law retains present law and allows law enforcement officers to enter the early
voting location when there is a reasonable belief there is an emergency and the registrar is
unable to summon the law enforcement officers.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 18:428(A) and (F); adds R.S. 18:428(G) and 1309(A)(5))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.