Louisiana AG Says Councils Must Vote by Voice, Not Just by Machine

City councils and school boards across Louisiana may need to rethink how they vote after a new opinion from Attorney General Liz Murrill made it clear: the law requires a voice vote.

For decades, many governing bodies have relied on electronic voting machines to cast their yes-or-no decisions. But according to the Attorney General’s office, that practice doesn’t meet the requirements of Louisiana’s Open Meetings Law.

The Louisiana Law Requires a Voice Vote

The state statute uses the phrase “viva voce”, Latin for “live voice.” Murrill explained that the law is explicit: members of councils, commissions, and boards must audibly state their votes during meetings. Machines can still record votes for accuracy, but each member has to say “yes” or “no,” or "yay" or "nay" for the public to hear.

An older 1980 Attorney General opinion once suggested that machine voting could satisfy the requirement. However, that opinion has been rejected in successive rulings. Murrill called it “bad lawyering” to rely on outdated guidance while ignoring the plain text of the law.

What It Means for Local Bodies

For city councils, parish commissions, and school boards, this clarification means members must return to speaking their votes aloud. Written or machine-only votes fall short of the law.

What about past actions? Murrill noted that any alleged violation of the Open Meetings Law is barred after 60 days. That time limit protects past decisions from being undone. Still, local bodies can ratify prior actions by voting again, properly, in compliance.

Different Rules for the Louisiana Legislature

Some might wonder why the Louisiana Legislature votes electronically without voice votes. Murrill pointed out that lawmakers follow their own legislative rules and are not bound by the Open Meetings Law in the same way local bodies are.

Possible Enforcement Ahead

If councils or boards refuse to comply, the Attorney General’s office can pursue court action. Complaints from the public can also trigger reviews. Ultimately, the purpose is transparency, ensuring that citizens can clearly hear how their representatives vote.