DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hunter HB No. 458
Abstract: Repeals provisions of law providing relative to suspension of registration and voting
rights based on conviction of a felony.
Present constitution (Const. Art. I, §10) provides that every citizen of the state, upon reaching 18
years of age, shall have the right to register and vote, except that this right may be suspended
while a person is interdicted and judicially declared mentally incompetent or is under an order of
imprisonment for conviction of a felony.
Present law (R.S. 18:102–La. Election Code) prohibits a person who is under an order of
imprisonment for conviction of a felony from registering to vote. Present law (R.S. 18:2(8))
provides that this prohibition applies during a sentence of confinement, whether or not
suspended, whether or not the subject of the order has been placed on probation, with or without
supervision, and whether or not the subject of the order has been paroled.
Present law (R.S. 18:171 and 171.1) provides for recordation and reporting of felony convictions
in state and federal courts for which there are orders of imprisonment. Reporting is ultimately to
the registrar of voters in each parish.
Present law (R.S. 18:176) provides for suspension of the registration of a person listed on a
report received pursuant to present law (R.S. 18:171 and 171.1) and anyone the registrar believes
has been convicted of a felony and is under an order of imprisonment. Requires notice and an
opportunity to appear before the registrar prior to suspension.
Present law (R.S. 18:177) provides for reinstatement of voter registration. Provides that when
the registration of a person is suspended based on a felony conviction, the registration shall be
reinstated when the person appears in the office of the registrar and provides documentation from
the appropriate correction official showing that such person is no longer under an order of
imprisonment.
Present law (R.S. 18:177.1) requires the Dept. of Public Safety and Corrections to provide each
person who completes all orders of imprisonment applicable to him for felony convictions with
information apprising the person of the requirements and procedures for registering to vote and
for reinstatement of registration and a state mail voter registration application.
Proposed law repeals present law. Present law (R.S. 18:1303(G)) provides that a person incarcerated in an institution inside or
outside the parish in which he is qualified to vote, who is not under an order of imprisonment for
conviction of a felony, may only vote absentee by mail and only upon meeting the requirements
of present law provisions relative to absentee by mail and early voting and certification to the
appropriate registrar by the sheriff of the parish where the person is incarcerated that he is not a
convicted felon.
Relative to the present law authorization for voting absentee by mail, proposed law repeals the
limitation relative to persons under an order of imprisonment for conviction of a felony. Repeals
requirement that sheriff certify that the person is not a convicted felon. Otherwise retains present
law.
(Amends R.S. 18:1303(G); Repeals R.S. 18:2(8), 102(A)(1) and (B), 104(A)(5), 171, 171.1,
176(A), 177(A), and 177.1)