Louisiana Municipal Ordinance Implementation¶
Louisiana is the last state in the nation still using paperless voting machines for in-person Election Day voting, making its election infrastructure uniquely vulnerable during a critical voting system transition. The state has the largest buffer zone in the Deep South at 600 feet, and concealed carry is prohibited at polling places — but an open carry gap exists. Louisiana's home rule framework is stronger than the other hostile states (26 of 64 parishes operate under home rule charters), but R.S. 18:1(B) expressly prohibits political subdivisions from adopting "any law, resolution, or ordinance relative to elections" — the single most formidable statutory barrier among target states. Combined with aggressive anti-sanctuary laws (SB 15 criminalizes non-cooperation with up to 10 years in prison) and a Republican trifecta with supermajorities, the ordinance faces severe obstacles. New Orleans is the only viable target.
Section 1: Legal Battlefield¶
Home Rule Authority — Stronger Than Other Hostile States¶
Louisiana's home rule framework is stronger than the other hostile states. La. Const. Art. VI, Section 5 authorizes local governmental subdivisions to draft and adopt home rule charters. Home rule operates as the reverse of Dillon's Rule — home rule governments can exercise all powers not explicitly denied. Currently 26 of 64 parishes and approximately 30 municipalities operate under home rule charters.
La. Const. Art. VI, Section 6 prohibits the legislature from enacting laws that change the "structure and organization or the particular distribution and redistribution of the powers and functions" of home rule charter entities. In City of New Orleans v. State, 426 So.2d 1318 (La. 1983), the Louisiana Supreme Court held that the 1974 Constitution "sought to expand rather than retract local autonomy."
Louisiana's civil law system (French/Spanish traditions) has specific implications: legislation is primary (Civil Code Article 2), jurisprudence constante (not stare decisis) means a series of consistent decisions — not a single ruling — form binding authority, and the prohibition on ordinances "governing private or civil relationships" (Art. VI, Section 9(A)(2)) is broadly defined.
Key home rule charter municipalities: New Orleans (home rule since 1954), East Baton Rouge Parish (consolidated government, first home rule charter since 1946), Shreveport, Lafayette Parish (consolidated government), and Lake Charles.
Preemption Landscape — Express Statutory Preemption Is the Critical Obstacle¶
La. R.S. 18:1(B) is the single most formidable statutory barrier:
"The Louisiana Election Code shall regulate the conduct of elections and political subdivisions shall be prohibited from adopting any law, resolution, or ordinance relative to elections and the conduct thereof, including campaign finance, except as otherwise specifically authorized in this code."
This comprehensive express preemption, enacted in 1989 (Acts 1989, No. 56, Section 1), voided all existing local election laws and prohibits even resolutions — broader than most states' preemption. The Louisiana Election Code (Title 18) comprehensively covers polling places, voter intimidation (R.S. 18:1461), election offenses (R.S. 18:1461.4), and a 600-foot campaign-free zone (R.S. 18:1462).
Firearms preemption: R.S. 40:1796 was significantly strengthened in 2024 to preempt all local firearms regulation. Existing local ordinances are "null and void," and officials face private lawsuits.
Home rule authority exists for charter entities (New Orleans, Jefferson Parish) under Article VI of the Constitution, but firearms preemption overrides this.
Anti-Sanctuary Framework — Among the Most Aggressive Nationally¶
Louisiana's anti-sanctuary laws are among the most aggressive in the nation:
- Act 314 of 2024 (SB 208), codified at La. R.S. 33:81-85, prohibits sanctuary policies and requires compliance with ICE detainers.
- SB 15 (effective August 1, 2025) criminalizes refusal to cooperate with federal immigration enforcement with penalties of up to 10 years in prison — the first state law in the US to criminalize interference with immigration enforcement.
- Operation GEAUX (May 2025): Formal Louisiana-ICE partnership.
AG Liz Murrill has already aggressively targeted New Orleans' sanctuary policies, filing motions to eliminate OPSO sanctuary practices, demanding NOPD cooperate with ICE, and threatening felony prosecution of non-compliant officials.
Constitutional Basis¶
The ordinance's strongest framing is as a resource allocation directive, not an election regulation — directing how local police resources are deployed. In Louisiana's civil law system, legislation is strictly construed. If the ordinance is carefully framed as a police resource allocation measure, there is an argument it falls outside the scope of R.S. 18:1(B)'s prohibition on regulations "relative to elections." However, Louisiana courts interpreting civil law tend to look at purpose and effect, not just form.
Home rule charter municipalities have a marginally stronger basis under Art. VI, Section 6's protection from legislative interference with structure and powers, but this protection relates to organization, not substantive policy areas preempted by state law.
Section 2: Statute Localization Kit¶
Key Louisiana Statutes¶
| Statute | Subject | Notes |
|---|---|---|
| La. Const. Art. VI, § 5 | Home rule | Authorizes home rule charters; 26 of 64 parishes |
| La. Const. Art. VI, § 6 | Home rule protections | Prohibits legislative interference with charter entity structure |
| La. R.S. Title 18 | Louisiana Election Code | Comprehensive election statutes |
| R.S. 18:1(B) | Election preemption | Prohibits any local law, resolution, or ordinance relative to elections |
| R.S. 40:1379.3(N)(4) | Firearms at polling places | Concealed carry prohibited at polling places |
| R.S. 40:1796 | Firearms preemption | Strengthened 2024; existing local ordinances "null and void"; private lawsuits |
| SB 1 (2024) | Constitutional carry | Effective July 4, 2024; polling place prohibition survives |
| R.S. 18:1462 | Buffer zone | 600 feet — largest in Deep South batch |
| R.S. 18:1461 | Voter intimidation | Criminal enforcement |
| R.S. 18:1401 | Election contest standing | Private right to contest elections |
| R.S. 33:81-85 (SB 208) | Anti-sanctuary | Prohibits sanctuary policies; requires ICE cooperation |
| SB 15 (2025) | Criminal non-cooperation | Up to 10 years for refusing federal immigration cooperation |
For comprehensive cross-state statutory comparison, see the 50-State Viability Analysis.
Section 3: Target City Analysis¶
New Orleans (Primary and Likely Only Target)¶
Population: ~390,000. Heavily Democratic (~83% Biden 2020), majority-Black (~59%), progressive DA Jason Williams, Mayor LaToya Cantrell (D), home rule charter since 1954. Strong progressive history including sanctuary policies (2013-present) and a 2025 conviction history anti-discrimination charter amendment. Passage probability: 60-70%. However, legal survival probability is only 25-35% given R.S. 18:1(B).
Baton Rouge / East Baton Rouge Parish¶
Population: ~456,000 parish. Consolidated government and home rule charter but more politically divided. Passage probability: 35-45%.
Shreveport¶
Population: ~182,000. Democratic-leaning city but less organized progressive infrastructure. Probability: 25-35%.
Non-Starters¶
Lafayette and Lake Charles are too conservative.
Parish-Level Opportunities¶
Parish government authority varies: home rule parishes (26 of 64) have broad ordinance powers, while police jury parishes (38 of 64) have more limited authority under La. R.S. 33:1221 et seq. Orleans Parish is coterminous with New Orleans — any municipal ordinance is a parish ordinance. East Baton Rouge Parish (consolidated government, home rule since 1946) and Caddo Parish (Shreveport, home rule charter) are secondary targets. However, R.S. 18:1(B) applies to all "political subdivisions."
Recommended Approach¶
The ordinance should be drafted not as an election regulation but as: (1) a resource allocation directive about local police deployment; (2) a law enforcement policy incorporating existing federal law; (3) a public safety/police operations measure emphasizing voter safety consistent with R.S. 18:1462's 600-foot zone. Alternatively, an internal police department policy directive below legislative radar may be the most durable approach. A City Council resolution is vulnerable since R.S. 18:1(B) also prohibits resolutions.
Section 4: Coalition Directory¶
Priority Coalition Partners¶
- ACLU of Louisiana — Active on voting rights, prosecutorial accountability, and defending New Orleans policies
- Power Coalition for Equity and Justice (PCEJ) (Ashley Shelton, founder) — Statewide civic engagement table; voter mobilization in communities of color; C4 affiliate: Power Coalition for Electoral Justice
- Voice of the Experienced (VOTE) — Grassroots organization of formerly incarcerated persons; founding PCEJ partner
- VAYLA New Orleans — Multi-racial community organization focused on youth and immigrant communities
- Step Up Louisiana — Membership-based organizing in New Orleans, Baton Rouge, and Jefferson Parish
Additional partners: SPLC Louisiana office, Campaign Legal Center/Lawyers' Committee for Civil Rights Under Law (currently representing Louisiana voting rights organizations), The Jeremiah Group (faith-based organizing in Orleans and Jefferson Parishes), and Congress of Day Laborers. Academic institutions: Tulane Law School, LSU Law Center, Loyola University New Orleans College of Law, Dillard University, and Xavier University (HBCUs with community engagement).
Opposition Landscape¶
Governor Jeff Landry (R) has deployed State Police and requested National Guard for urban enforcement. AG Liz Murrill (R) has already litigated against New Orleans' sanctuary policies. The legislature would likely pass retaliatory legislation including potential funding cuts. SB 15's criminalization of non-cooperation creates an exceptionally hostile environment. The ordinance would be framed alongside sanctuary policies as part of a pattern of defiance.
State Legislative Pathway¶
Near zero. Governor Jeff Landry (R, inaugurated January 2024), AG Liz Murrill (R), and Republican veto-proof supermajorities in both chambers (Senate 28-11, House 73-32) create the most hostile legislative environment. The Legislative Black Caucus (~30 members combined) is the only potential ally. Next elections are 2027 (Louisiana holds off-year elections).
For detailed coalition and opposition analysis, see the 50-State Viability Analysis.
Section 5: Election Security Infrastructure¶
State Election Authority & Legal Framework¶
Secretary of State Nancy Landry (R, elected November 2023) oversees elections. Governor Jeff Landry (R) took office January 2024. Key statutes are in La. R.S. Title 18 (Louisiana Election Code).
Voting Systems: Louisiana is the last state in the nation still using paperless voting machines for in-person Election Day voting. The machines were purchased in 2005 and are no longer manufactured. SB 221 (2021) mandated new systems with auditable voter-verified paper records, and HB 924 (2022) required post-election audits — but neither can be implemented until new equipment arrives. Six vendors demonstrated systems in August-September 2025, and a competitive procurement is underway targeting the 2026 midterms, though the timeline remains uncertain.
Firearms at Polling Places: Concealed carry is prohibited at polling places under R.S. 40:1379.3(N)(4). Louisiana adopted constitutional carry effective July 4, 2024 (SB 1), but the polling place prohibition survives. However, there is no explicit prohibition on open carry at polling places separate from the concealed carry statute, creating a potential gap.
Buffer Zone: Louisiana has the largest buffer zone among these states at 600 feet (R.S. 18:1462), with penalties of up to $500 fine or 6 months imprisonment.
Key Litigation: Louisiana v. Callais at SCOTUS (reargued October 2025, decision pending) could fundamentally alter VRA Section 2's application to redistricting nationwide.
EO 14248 Posture: Did not join the 19-state lawsuit. AG Liz Murrill (R) is aligned with the Trump administration.
Cybersecurity Infrastructure & Capabilities¶
Louisiana has developed notable capacity through Chief Cyber Officer Dustin Glover, the Louisiana Cyber Coordination Center (LC3) ($1.5 million facility), and ESF-17 cyber emergency protocols. The state has assisted 107 local agencies with cyber incidents since 2019.
Cybersecurity Maturity: Tier 2 (Solid) — Dedicated cyber coordination (LC3/ESF-17); moderate HAVA funding; established incident response protocols; some state-funded initiatives.
CISA Withdrawal Impact: Moderately Affected — Critical voting system transition underway during federal pullback; strong state cyber team but historic federal dependence. The state is highly dependent on federal support, which makes CISA cutbacks particularly concerning during the voting system transition.
HAVA Funding:
| Fiscal Year | Amount |
|---|---|
| FY2018 | $5.9M |
| FY2022 (total) | $7.6M |
Physical Security & Polling Place Protections¶
| Protection | Detail |
|---|---|
| Firearms at polling places | Partial — Concealed carry prohibited (R.S. 40:1379.3(N)(4)); open carry gap exists |
| Constitutional carry | Yes (SB 1, effective July 4, 2024) — polling place prohibition survives |
| Open carry | Legal (no permit required); no explicit prohibition at polling places |
| Electioneering buffer zone | 600 feet (R.S. 18:1462) — largest in batch; up to $500 fine / 6 months |
| Firearms preemption | R.S. 40:1796 — strengthened 2024; existing ordinances "null and void"; private lawsuits |
| Home rule | Stronger than other hostile states (Art. VI, §§ 5-6); 26 of 64 parishes |
| Election preemption | R.S. 18:1(B) — prohibits any local law, resolution, or ordinance relative to elections |
Legal Strategies & Key Contacts¶
Tier Rating: Tier 3 RED (High risk, low-moderate viability). Louisiana is among the most challenging states due to express statutory preemption (R.S. 18:1(B)), Republican trifecta with supermajorities, aggressive AG enforcement, and the anti-sanctuary framework. However, New Orleans' strong home rule charter authority and progressive infrastructure make it marginally more viable than Tier 4 states.
Priority Strategic Pathways:
- Police department internal policy — Most durable vehicle; operates below legislative radar; directs NOPD resource deployment
- Resource allocation framing — If pursuing ordinance, frame as police operations measure, not election regulation, to argue outside scope of R.S. 18:1(B)
- Federal enforcement advocacy — Campaign for DOJ enforcement of 18 U.S.C. Section 592, particularly to address the open carry gap
- Coalition building — Leverage existing PCEJ and voting rights organization networks
Top Legal Risks:
- R.S. 18:1(B) express preemption (prohibits even resolutions)
- Anti-sanctuary framework extension (SB 15: 10 years for non-cooperation)
- AG enforcement action
Top Political Risks:
- State legislative retaliation
- "Defiance/sanctuary" framing
- Triggering broader preemption affecting other progressive policies
Key Contacts:
| Entity | Contact |
|---|---|
| SoS Elections Hotline | 1-800-883-2805 / sos.la.gov |
| Attorney General Liz Murrill (R) | ag.state.la.us |
| LC3 / Chief Cyber Officer | cybersecurity.la.gov |
Printable Flyer¶
Download the Louisiana Election Protection Flyer
A printable 5.5" × 8.5" flyer with Louisiana-specific legal analysis, target cities, and coalition partners.
Open the flyer in your browser, then use File → Print or Ctrl+P to print or save as PDF. The flyer is optimized for half-letter (5.5" × 8.5") printing.
City-Specific Flyers¶
Printable flyers for individual cities with local council details, meeting schedules, and action steps.
Baton Rouge — ~453,000 New Orleans — ~363,000 Shreveport — ~181,000