§ 18:425 — Commissioners

Louisiana § 18:425

• Jurisdiction: Louisiana
• Title 18: Conservation

Text

§425. Commissioners
A. Number. (1) In addition to the commissioner-in-charge, at the following
elections there shall be the following number of additional commissioners at each precinct:
(a) For the gubernatorial primary and general elections, the congressional primary
and general elections, the presidential preference primary election, and the primary and
general elections for municipal officers in a parish containing a municipality with a
population of four hundred seventy-five thousand or more held every four years beginning
in 1994:
(i) Four commissioners for precincts with more than three hundred active registered
voters.
(ii) Three commissioners for precincts with three hundred active registered voters
or less.
(b) For all elections not specifically provided for in Subparagraph (a) of this
Paragraph or in Part III of Chapter 6 of this Code:
(i) Three commissioners for precincts with more than three hundred active registered
voters eligible to vote in the election.
(ii) Two commissioners for precincts with three hundred or fewer active registered
voters eligible to vote in the election.
(2) The governing authority of a municipality, the governing authority of a parish,
or the governing authority of a district having a governing authority, with the approval of the
parish board of election supervisors, may adopt a resolution to reduce the number of such
additional commissioners to not less than two for each precinct in the municipality, in the
parish outside of a municipality, or in the district outside of a municipality in a district
election, respectively, whenever in the opinion of the governing authority such reduction is
not detrimental to the conduct of an election. In no event shall there be less than one
commissioner-in-charge and two additional commissioners per precinct.
(3) The parish board of election supervisors may submit a written request to the
secretary of state, on or before the twenty-third day prior to an election, for additional
commissioners for overcrowded precincts. The written request shall include the number of
additional commissioners requested and an explanation of the need for additional
commissioners. If the secretary of state determines that there is a need for additional
commissioners and that the allocation of additional commissioners is feasible, he may
approve the allocation of additional commissioners.
(4) For an election held within one year following the date of the issuance of any
gubernatorial proclamation declaring a state of emergency, if a parish board of election
supervisors determines that there is a parishwide shortage of commissioners because a
significant number of commissioners have been temporarily displaced due to such
emergency, the board may submit a written request to the secretary of state, on or before the
twenty-third day prior to an election, for additional commissioners from other parishes. The
written request shall include the number of additional commissioners requested and an
explanation of the need for additional commissioners. If the secretary of state determines
that there is a need for additional commissioners and that the allocation of additional
commissioners is feasible, the secretary of state shall approve the request and notify the
parish board of election supervisors of the parish affected by the emergency. The board of
such affected parish shall request the parish boards of election supervisors to submit lists of
available commissioners by the fifteenth day prior to the election. The board of the affected
parish shall select commissioners to serve in the affected parish from such lists based on
availability, proximity and, to the extent possible, the requirements for representation based
on recognized political party affiliation as provided for in R.S. 18:434(B)(7). The clerk of
court of the affected parish shall ensure that the selected commissioners have received
adequate training on the voting machines that are used in the affected parish and on any
procedures necessary for the conduct of the election. The selected commissioners, upon
approval by the secretary of state, shall be entitled to appropriate reimbursement for travel
expenses.
B. Qualifications and classifications.
(1) The legislature finds that the state has a compelling interest in providing an
efficient and effective electoral process on election day and ensuring that commissioners who
serve at polling places can perform all required duties.
(2) A qualified voter who is able to perform the essential duties of a commissioner
as described in the informational pamphlet developed by the secretary of state pursuant to
R.S. 18:421(C) and who is not a candidate in the election may be selected as a commissioner
in any precinct of the ward where he is registered to vote, except pursuant to R.S. 18:434(B)
and (D) in which case he may be selected as a commissioner in any precinct of the parish
where he is registered to vote or as otherwise provided in Paragraph (A)(4) of this Section.
(3)(a) No person shall be selected as a commissioner in a precinct in which a
member of his immediate family is a candidate for election to public office.
(b) No person who has been convicted of an election offense enumerated in Chapter
10 of this Title shall serve as a commissioner.
(c) If a proposition or question is on the ballot in a precinct, no member of the
governing authority that called the election on the proposition or question and no member
of the governing authority of a political subdivision that will receive revenue from a tax or
fee that is the subject of the proposition or question shall be selected as a commissioner in
that precinct.
(d) No person who is required to register as a sex offender or child predator pursuant
to R.S. 15:542 may serve as a commissioner.
(4) A person shall not serve as a commissioner, except pursuant to R.S. 18:434(D),
unless he has attended a course of instruction for commissioners, has received a certificate
of instruction during the term of office of the clerk who conducted the school, and has
provided his correct party affiliation to the clerk. A commissioner who has received this
certificate shall be classified as a certified commissioner. A commissioner selected pursuant
to R.S. 18:434(D), who has not been issued such a certificate, shall be classified as an
uncertified commissioner.
(5) A person who is at least seventeen years of age, under the age of eighteen, and
is not a qualified voter but is otherwise qualified to serve as a commissioner pursuant to this
Subsection may be selected to serve as a commissioner in any precinct of the ward where he
may register to vote pursuant to R.S. 18:101(A), provided that the person is enrolled in the
twelfth grade of any Louisiana public high school or state-approved nonpublic high school,
is participating at the twelfth grade level in a home study program approved by the State
Board of Elementary and Secondary Education, has received a diploma from any Louisiana
public high school or state-approved nonpublic high school, has received a diploma for
completion of a home study program approved by the State Board of Elementary and
Secondary Education, or has been issued a high school equivalency diploma after
successfully completing the test of General Educational Development.
(6) Notwithstanding the provisions of Paragraph (2) of this Subsection, a qualified
voter of this state or a person who is registered to vote in another state who is able to perform
the essential duties of a commissioner as described in the informational pamphlet developed
by the secretary of state pursuant to R.S. 18:421(C), who is not a candidate in the election,
who certifies that he is a United States citizen, and who meets the following additional
criteria may be selected as a commissioner as follows:
(a) A student at a postsecondary education institution may be selected as a
commissioner in any precinct in the parish where the institution is located if the student
submits to the clerk a copy of his student identification or fee bill showing current enrollment
and a copy of his proof of voter registration.
(b) A nonresident active duty servicemember serving at a military installation as
defined in R.S. 33:4734 that is located in Louisiana or his dependent as defined in 10 U.S.C.
987 may be selected as a commissioner in any precinct in the parish where the military
installation is located if the servicemember or his dependent submits to the clerk a copy of
his military identification card and a copy of his proof of voter registration and wears plain
clothes while serving in his capacity as commissioner.
C. Powers and duties.
(1) The commissioners shall conduct primary and general elections at each polling
place, shall enforce the election laws, and shall maintain order at the polling place during the
election and the printing of results from the voting machines.
(2) A commissioner shall not electioneer, engage in political discussions,
unnecessarily delay a voter at the polling place, or prepare a list of persons voting at the
polling place other than the official poll lists.
D. Oath. On election day, before a commissioner enters upon the performance of his
duties, he shall take the constitutional oath or affirmation. The commissioner-in-charge shall
administer the oath.
E. Notice of service. Commissioners who serve at the polling place on election day
shall receive the compensation provided in R.S. 18:426.1. The clerk of court of each parish
shall transmit to the Department of State the names, addresses, and social security numbers
of all persons who served as commissioners on election day in that parish no later than seven
days after the election. Upon receipt of such information from the parish clerks of court, the
Department of State shall compensate any commissioner who has served at a polling place
on an election day within thirty days.

Legislative History

Acts 1976, No. 697, §1, eff. Jan. 1, 1978, Amended by Acts 1977, No. 471, §1, eff. Jan. 1, 1978; Acts 1979, No. 229, §1, eff. July 13, 1979; Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1980, No. 792, §1, eff. Jan. 1, 1981; Acts 1981, No. 76, §1, eff. June 26, 1981; Acts 1986, No. 669, §1; Acts 1987, No. 831, §1, eff. Jan. 1, 1988; Acts 1988, No. 909, §1, eff. Jan. 1, 1989; Acts 1989, No. 179, §1, eff. Jan. 1, 1990; Acts 1993, No. 418, §1, eff. Jan. 1, 1994; Acts 1993, No. 465, §1; Acts 1995, No. 310, §1; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2003, No. 422, §1, eff. June 18, 2003; Acts 2003, No. 1124, §1, eff. July 2, 2003; Acts 2003, No. 1220, §2, (eff. July 3, 2003), §§1 and 4 (eff. Jan. 1, 2004); Acts 2004, No. 526, §2, eff. June 25, 2004; Acts 2004, No. 693, §1, eff. Jan. 1, 2005; Acts 2005, No. 335, §1, eff. Jan. 1, 2006; Acts 2006, No. 403, §1, eff. June 15, 2006; Acts 2008, No. 136, §1, eff. June 6, 2008; Acts 2009, No. 436, §1, eff. Jan. 1, 2010; Acts 2013, No. 383, §1, eff. June 18, 2013; Acts 2014, No. 60, §1, eff. May 16, 2014; Acts 2016, No. 281, §1, eff. May 31, 2016; Acts 2017, No. 176, §1, eff. June 14, 2017; Acts 2021, No. 377, §1, eff. Feb. 1, 2023; Acts 2023, No. 18, §1; Acts 2023, No. 221, §1, eff. June 8, 2023.