HLS 18RS-824 REENGROSSED
2018 Regular Session
HOUSE BILL NO. 265
BY REPRESENTATIVE SMITH
VOTING/REGISTRATION: Provides relative to registration and voting by a person
convicted of a felony
1 AN ACT
2To amend and reenact R.S. 18:102(A)(1), 104(C), and 177(A)(1), relative to registration and
3 voting; to provide relative to registration and voting by a person convicted of a
4 felony; to provide relative to suspension of registration and voting rights of such a
5 person; to provide relative to procedures and requirements for voter registration and
6 voting; to provide relative to reinstatement of voter registration; and to provide for
7 related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 18:102(A)(1), 104(C), and 177(A)(1) are hereby amended and
10reenacted to read as follows:
11 §102. Ineligible persons
12 A. No person shall be permitted to register or vote who is:
13 (1)(a) Under an order of imprisonment, as defined in R.S. 18:2(8), for
14 conviction of a felony; or, except as provided in Subparagraph (b) of this Paragraph.
15 (b) A person who is under an order of imprisonment for conviction of a
16 felony and who has not been incarcerated pursuant to the order within the last five
17 years shall not be ineligible to register or vote based on the order if the person
18 submits documentation to the registrar of voters from the appropriate correction
19 official showing that the person has not been incarcerated pursuant to the order
20 within the last five years.
21 * * *
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1 §104. Application for registration; form
2 * * *
3 C.(1) The form shall inform the applicant of the penalty for violation of
4 applicable laws relating to registration of voters and shall contain an affidavit to be
5 subscribed, through a handwritten signature, attesting to each of the following:
6 (a) that That the applicant is a United States citizen,.
7 (b) That the applicant is not currently under an order of imprisonment for
8 conviction of a felony, or, if the applicant is under such an order, that the applicant
9 has not been incarcerated pursuant to the order within the last five years.
10 (c) That the applicant is not currently under a judgment of full interdiction
11 for mental incompetence, or a limited interdiction in which the right to register to
12 vote has specifically been suspended.
13 (d) and that That the facts given by him on the application are true to the best
14 of his knowledge and belief.
15 (2) When the registration application is completed at the office of motor
16 vehicles of the Department of Public Safety and Corrections or electronically on the
17 secretary of state's website, an electronically captured signature of the applicant shall
18 suffice as a handwritten signature of the applicant.
19 * * *
20 §177. Reinstatement of registration after suspension
21 A.(1) The registration of a person whose registration has been suspended by
22 the registrar of voters pursuant to R.S. 18:176 for conviction of a felony 18:176(A)
23 shall be reinstated when the person appears in the office of the registrar and provides
24 documentation from the appropriate correction official showing that such person is
25 no longer under an order of imprisonment or, if the person is under such an order,
26 that the person has not been incarcerated pursuant to the order within the last five
27 years.
28 * * *
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HB NO. 265
1 Section 2. Prior to the effective date of this Act, the secretary of state shall work
2with the Department of Public Safety and Corrections to develop a form or forms to allow
3a person who is or was under an order of imprisonment for conviction of a felony to meet
4the requirements of R.S. 18:102(A)(1) and 177(A) as amended by this Act.
5 Section 3. This Act shall become effective on March 1, 2019.
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 265 Reengrossed 2018 Regular Session Smith
Abstract: Allows a person who is under an order of imprisonment for conviction of a
felony to register and vote if the person has not been confined in a correctional
facility pursuant to the order within the last five years.
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.
Proposed law retains present law and provides an exception to allow a person who is under
an order of imprisonment for conviction of a felony to register and vote if the person has not
been incarcerated pursuant to the order within the last five years and the person submits
documentation to the registrar of voters from the appropriate correction official showing that
the person has not been incarcerated pursuant to the order within the last five years.
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. The
information is ultimately provided 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. Provides that certain persons may provide the required
documentation by mail.
Proposed law retains present law. Additionally provides that a person's registration shall be
reinstated when the person provides documentation from the appropriate correction official
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showing that the person has not been incarcerated pursuant to an order of imprisonment for
conviction of a felony within the last five years.
Proposed law requires the secretary of state to work with the Dept. of Public Safety and
Corrections to develop a form or forms to allow a person who is or was under an order of
imprisonment for conviction of a felony to meet the requirements of present law and
proposed law provisions relative to voter registration and reinstatement of registration.
Effective March 1, 2019.
(Amends R.S. 18:102(A)(1), 104(C), and 177(A)(1))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add requirement that when registering to vote, a person who is under an order
of imprisonment for conviction of a felony must submit documentation to the
registrar of voters from the appropriate correction official showing that the
person has not been incarcerated pursuant to the order within the last five years.
2. Add provisions requiring the secretary of state to work with the Dept. of Public
Safety and Corrections to develop a form or forms to allow a person who is or
was under an order of imprisonment for conviction of a felony to meet the
document requirements for voter registration and reinstatement of registration.
3. Make proposed law effective March 1, 2019.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.