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 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.