Could a candidate also serve as a voting-machine custodian at a Louisiana polling place?

Plain-English summary

A legislator asked whether a candidate could work as a custodian at the candidate's own voting precinct. The Attorney General treated the described role as a deputy parish custodian of voting machines, whose duties involved delivering keys and election materials and securing machines before and after voting, rather than remaining at the precinct while polls were open.

On those facts, the AG could not conclude that the candidate's appearance as deputy custodian violated the 600 foot campaign-free zone. The opinion also said a commissioner could order the candidate or anyone else to leave after voting. Its phrase "after the hours the precincts are open for voting" leaves the timing unclear.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could a candidate serve as a deputy voting-machine custodian?
The AG found no violation in the described arrangement, where the deputy custodian's work did not require remaining at the polling place during voting.

Could a candidate stay at the precinct after voting?
The opinion said a commissioner could order a candidate, like anyone else, to leave after voting. It used the phrase "after the hours the precincts are open for voting," which does not clearly resolve the timing.

Was this role the same as a precinct commissioner?
No. The AG distinguished the deputy custodian's delivery and security duties from the commissioners' duties at the polling place during voting. It noted that the statutes barred candidates from serving as commissioners.

Did the campaign-free zone automatically bar a candidate's custodial appearance?
The AG said it could not conclude that an appearance by a deputy custodian who was also a candidate violated the zone, given the duties described.

Background and statutory framework

The opinion reviewed the clerk of court's custody of voting machines, the authority to appoint deputy custodians, and the duties of precinct commissioners. It applied R.S. 18:1462's campaign-free zone to the candidate's limited custodial appearance and the commissioner's authority to clear the polling place after a voter casts a ballot.

Citations and references

• R.S. 18:1354
• R.S. 18:1462

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0377

Original opinion text

~t~te of ~ouisiana
DEPARTMENT OF IUSTICE
CIVIL DIVISION
P.O. Box 94005
TEL.: (504) 342-7013
BATON ROUGE
FAX: (504) 342-2090
RICHARO P. IEYOUB
70804-9005
ATTORNEY GENERAL

OCT 1 5 2002
36 - Elections. Campaign Practices
R.S. 18:424, 425
OPINION 02-377
R.S. 18:1353, 1354
R.S. 18:1462

After the hours the precincts are
for voting, a
open
place may Ordercommissioner at the Polling a candidate or any
Hon. Dale Erdey
other poCson to leave the Polling piece
after they have voted.
State Representative, Dist. 71
P.O. Box 908
Livingston, LA 70754

Dear Representative Erdey:

This office is in receipt of your request for an opinion of the Attorney General in regard to presence of a candidate at their voting precinct as a custodian. You indicate you have been informed that no law prohibits a candidate from working at his precinct as a custodian, and you ask whether this is correct, and if so, the rationale permitting this.

In accordance with R.S. 18:1353 the Commission of Elections regulates the custody of voting machines, and delivers all machines to the parish custodian. The statutory provisions show that under R.S. 18:1354 the clerk of the district court is ex officio parish custodian of voting machines, and he may appoint a deputy parish custodian of voting machines for any polling place he deems necessary. This statute further provides that the deputy parish custodian =shall deliver the keys and the supplemental list to the commissioner-in-charge at least one-half hour before the fixed time for the opening of the polls." Pursuant to R.S. 18:424 and R.S. 18:425 there shall be one commissioner-in- charge at every precinct with additional commissioners, and it is specified they shall not be a candidate for election.

This office observed in Atty. Gen. Op. 85-164 that the clerk of the district court has custody of the machines from the time they are removed from the warehouse until returned =except for election day during which the commissioners have custody of the machines", but the clerk’s duty involves repairs and adjustments of machines during election day. It was further noted that in addition to the appointment of a deputy parish custodian, the clerk of court could use as an assistant a building custodian for receiving the machines at th.e polling place, supervising the machines while in his custody and being available for access to parts of the building necessary for the repairs and adjustments of machines during election day.

Page 2

Representative Dale Erdey
OPINION 02-377
Page 2

From our telephone conversation and your request, it appears the custodian in your inquiry was not the building custodian, nor commissioner-in charge, commissioners or v~tchers who duties require their presence at a polling place during the hours of voting, but a custodian who did not remain at the precinct during the entire election day. This would appear to be a deputy parish custodian of voting machines who as noted above
=shall deliver the keys and the supplemental list to the commissioner-in-charge at least one-half hour before the fixed time for opening the polls." In Atty. Gen. Op. 93-656 it was pointed out that the deputy parish custodians are not statutorily mandated to perform duties which require their presence at a polling place during the hours of voting, but are responsible for making sure that voting machines are delivered to the polling place and that the polling place is secure both prior to and after the election. Thereafter, pursuant to R.S. 18:1376 upon completion of the tabulation of returns and locking and sealing of the machines at the polling place, the machines shall be released to the parish custodian or his deputy.

We recognize that R.S. 18:1462 provides for a 600 foot campaign free zone around polling places, but we cannot conclude that an appearance by a deputy parish custodian, who is also a candidate, would violate this provision insofar as his duties do not require his presence during voting. As observed in Atty. Gen. Op. 79-1427 after 9:00 p.m. on election day, there is no prohibition against any individuals being in the area in order to observe the voting precincts or voting machines.

However, after the hours the precincts are open for voting, it is our opinion that a commissioner at the polling place may enforce the provisions of R.S. 18:1462 and order a candidate or any other person to leave the polling place after they have voted.

We hope this sufficiently responds to your inquiry, but if we can be of further assistance, do not hesitate to contact us.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BARBARA B. RUTLEDGE
Assistant Attorney General

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