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Regular Session, 2010
SENATE BILL NO. 185
BY SENATOR N. GAUTREAUX
ELECTION CODE. Constitutional amendment to provide that a person convicted of a
felony under the laws of another state or of the United States or of a foreign government or
country and who has not been pardoned cannot be permitted to qualify as a candidate for
elective public office. (2/3-CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article I, Section 10(B) of the Constitution of Louisiana, relative to2
disqualifications from seeking or holding elective office; to prohibit a person3
convicted of a felony under the laws of another state or under the laws of the United4
States or under the laws of a foreign government or country, and who has exhausted5
all legal remedies and has not been pardoned, from qualifying as a candidate for6
elective public office; and to specify an election for submission of the proposition7
to electors and provide a ballot proposition.8
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members9
elected to each house concurring, that there shall be submitted to the electors of the state, for10
their approval or rejection in the manner provided by law, a proposal to amend Article I,11
Section 10(B) of the Constitution of Louisiana, to read as follows:12
ARTICLE I. DECLARATION OF RIGHTS13
ยง10. Right to Vote; Disqualification from Seeking or Holding an Elective Office14
Section 10.(A)* * *15
(B) Disqualification. The following persons shall not be permitted to qualify16
as a candidate for elective public office or take public elective office or appointment17 SB NO. 185
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of honor, trust, or profit in this state:1
(1) A person who has been convicted within this state of a felony and who2
has exhausted all legal remedies and has not been pardoned by the governor of3
this state.,4
(2) A person or who has been convicted of a felony under the laws of any5
other state or of the United States or of any foreign government or country, or who6
has been convicted of a crime which, if committed in this state, would be a felony7
and who has exhausted all legal remedies and has not afterwards been pardoned8
either by the governor of this state or by the officer of the state, nation, government9
or country having such authority to pardon in the place where the person was10
convicted and sentenced.11
(2) (3) A person actually under an order of imprisonment for conviction of12
a felony.13
* * *14
Section 2. Be it further resolved that this proposed amendment shall be submitted15
to the electors of the state of Louisiana at the statewide election to be held on November 2,16
2010.17
Section 3. Be it further resolved that on the official ballot to be used at said election18
there shall be printed a proposition, upon which the electors of the state shall be permitted19
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall20
read as follows:21
To prohibit a person convicted of a felony under the laws of another state or22
the United States or a foreign government or country and who has exhausted23
all legal remedies and has not been pardoned from qualifying as a candidate24
for elective public office.25
(Amends Article I, Section 10(B))26 SB NO. 185
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The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Christopher D. Adams.
DIGEST
N. Gautreaux (SB 185)
Present constitution provides that a person who has been convicted within this state of a
felony and who has exhausted all legal remedies, or who has been convicted under the laws
of any other state or of the United States or of any foreign government or country of a crime
which, if committed in this state, would be a felony, and who has exhausted all legal
remedies and has not afterwards been pardoned either by the governor of this state or by the
officer of the state, nation, government or country having such authority to pardon in the
place where the person was convicted and sentenced, is prohibited from qualifying as a
candidate for elective public office, from taking public elective office, and from being
appointed to any position of honor, trust, or profit in this state.
Proposed constitutional amendment retains this provision of present constitution and adds
that a person who has been convicted of a felony under the laws of any other state or of the
United States or of any foreign government or country, and who has exhausted all legal
remedies and has not afterwards been pardoned either by the governor of this state or by the
officer of the state, nation, government or country having such authority to pardon in the
place where the person was convicted and sentenced, is prohibited from qualifying as a
candidate for elective public office, from taking public elective office, and from being
appointed to any position of honor, trust, or profit in this state.
Specifies submission of the proposed constitutional amendment to the voters at the statewide
election to be held on November 2, 2010.
(Amends Const. Art. I, Sec. 10(B))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. A technical Legislative Bureau amendment