HLS 16RS-157 ORIGINAL 2016 Regular Session HOUSE BILL NO. 153 BY REPRESENTATIVE LEGER PUBLIC OFFICIALS: (Constitutional Amendment) Prohibits felons from qualifying for or holding offices of public trust 1 A JOINT RESOLUTION 2Proposing to amend Article I, Section 10 of the Constitution of Louisiana, relative to public 3 office; to prohibit a person who is convicted of a felony from qualifying for or taking 4 public elective office or appointment of honor, trust, or profit in the state; to provide 5 an exception for persons who are pardoned by certain officials; to provide for 6 submission of the proposed amendment to the electors; and to provide for related 7 matters. 8 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members 9elected to each house concurring, that there shall be submitted to the electors of the state of 10Louisiana, for their approval or rejection in the manner provided by law, a proposal to 11amend Article I, Section 10 of the Constitution of Louisiana, to read as follows: 12 §10. Right to Vote; Disqualification from Seeking or Holding Public Office 13 Section 10.(A) Right to Vote. Every citizen of the state, upon reaching 14 eighteen years of age, shall have the right to register and vote, except that this right 15 may be suspended while a person is interdicted and judicially declared mentally 16 incompetent or is under an order of imprisonment for conviction of a felony. 17 (B) Disqualification. The following persons shall not be permitted to qualify 18 as a candidate for elective public office or take public elective office or appointment 19 of honor, trust, or profit in this state: Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-157 ORIGINAL HB NO. 153 1 (1) A person who has been convicted within this state of a felony and who 2 has exhausted all legal remedies, or who has been convicted under the laws of any 3 other state or of the United States or of any foreign government or country of a crime 4 which, if committed in this state, would be a felony and who has exhausted all legal 5 remedies and has not afterwards been pardoned either by the governor of this state 6 or by the officer of the state, nation, government, or country having such authority 7 to pardon in the place where the person was convicted and sentenced. 8 (2) A person actually under an order of imprisonment for conviction of a 9 felony. 10 Section 2. Be it further resolved that this proposed amendment shall be submitted 11to the electors of the state of Louisiana at the statewide election to be held on November 8, 122016. 13 Section 3. Be it further resolved that on the official ballot to be used at the election, 14there shall be printed a proposition, upon which the electors of the state shall be permitted 15to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as 16follows: 17 Do you support an amendment to prohibit a person convicted of a felony 18 from qualifying for or taking public elective office or appointment of honor, 19 trust, or profit in the state and to exclude from the prohibition a person who 20 has been pardoned? (Amends Article I, Section 10) 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)] HB 153 Original 2016 Regular Session Leger Abstract: Prohibits a person who has been convicted of a felony from qualifying for or taking public elective office or appointment of honor, trust, or profit in the state. Provides an exception for persons pardoned by the appropriate officer. Present constitution provides that the right to register and vote may be suspended while a person is interdicted and judicially declared mentally incompetent or under an order of imprisonment for conviction of a felony. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-157 ORIGINAL HB NO. 153 Proposed constitutional amendment retains present constitution and prohibits the following from qualifying as a candidate for elective public office or taking public elective office or appointment of honor, trust, or profit in this state: (1)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 U.S. 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. (2)A person actually under an order of imprisonment for conviction of a felony. Provides for submission of the proposed amendment to the voters at the statewide election to be held Nov. 8, 2016. (Amends Art. I, §10) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.