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Bill to ban photos of precinct registers advances after debate over jail time and fines
Summary
The House committee advanced House Bill 547, which would extend a prohibition on photographing precinct registers to election day to protect voters’ personally identifiable information. Lawmakers debated penalties — aligned with existing election offenses — and adopted an amendment before reporting the bill favorable 7-6.
A Louisiana House committee on Thursday moved House Bill 547 forward after a contested discussion over whether photographing precinct registers at polling places should be a criminal offense and how harsh penalties should be.
The measure, presented to the committee by Mr. Shooter, would prohibit taking or reproducing photographs of voter registration information at the polls. Nancy Landry, secretary of state, told lawmakers the precinct registers contain personally identifiable information and cited a recent incident in which someone photographed registers and posted data — including mothers’ maiden names — on social media. "This prohibition's necessary to protect voters from that disclosure," Landry said, asking members to support the bill.
Supporters said the bill closes a loophole by making election-day rules consistent with existing prohibitions on photographing registers during early voting. The committee adopted amendment set 1849 to clarify that the prohibition applies to precinct registers (while preserving specific exceptions for clerks, registrars, commissioners and secretary of state employees performing official duties).
But several members pressed witnesses about enforcement and penalties. The bill adds the offense to section 1,461.2 of the election code, placing it alongside other election offenses that carry criminal penalties; under the code cited in committee, a first offense carries up to two years in prison and a $2,000 fine and repeat offenses carry higher penalties. Representative Marcel expressed concern that a well-meaning voter — for example a relative taking a picture to notify a family member — could face jail time if unaware the act is illegal. "I have a problem with the sentence," Marcel said, urging education and questionings about whether a deleted photo would avoid prosecution.
Catherine Newsom, first assistant secretary of state, said the secretary of state's office and its election integrity division do not prosecute; the office would investigate and, if it found grounds, refer matters to a local district attorney to decide whether to bring charges. "We are directed by the election code to refer matters for prosecution to the local DA," Newsom said.
Commissioner of elections Sherry Wharton Hatzke told the panel the recent incident was not a poll watcher acting for a candidate but an individual in a precinct who took photographs of registers, sometimes to point out that a family member had not yet signed. Hatzke said poll commissioners are trained to intervene if someone attempts to photograph a register.
After the discussion, the committee moved HB 547 as amended and called the roll. The clerk recorded seven yeas and six nays; the chair announced the bill was reported favorable as amended and noted a registered voter provided information on the measure.
The bill will proceed from committee as reported; committee members said the secretary of state's office will continue outreach and training for poll commissioners to reduce accidental violations and clarify enforcement processes.
