HLS 19RS-1085 ORIGINAL
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 44
BY REPRESENTATIVE GREGORY MILLER
LEGISLATIVE AGCY/LAW INST: Provides relative to the printing of certain
constitutional provisions regarding disqualification from holding public office that
were held to be unconstitutionally adopted
1 A CONCURRENT RESOL UTION
2To authorize and direct the Louisiana State Law Institute to direct the printer of the
3 Constitution of Louisiana to stop printing unconstitutionally adopted provisions
4 relative to disqualification from seeking or holding an elective office.
5 WHEREAS, the legislature enacted Act No. 1492 of the 1997 Regular Session of the
6Legislature, disqualifying certain convicted felons from seeking or holding an elective office
7for a certain period of time; and
8 WHEREAS, on October 3, 1998, by a majority vote, the electorate approved Act No.
91492 of the 1997 Regular Session of the Legislature, which was not enrolled to include all
10amendments enacted by the legislature; and
11 WHEREAS, in Shepherd v. Schedler, 209 So.3d 752 (La. 2016), the Louisiana
12Supreme Court held that Act No. 1492 of the 1997 Regular Session of the Legislature
13"which attempted to amend La. Const. Art. I, §10, is null and void because it was not
14constitutionally adopted"; and
15 WHEREAS, Act No. 719 of the 2018 Regular Session of the Legislature was
16approved by the voters and provides new provisions regarding the disqualification of persons
17seeking or holding elective public offices; and
18 WHEREAS, the printer of the Constitution of Louisiana continues to print the
19constitutional provisions as adopted by the electorate and continues to print footnotes
20indicating that the affected provisions are null and void; however, the printing of those
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HCR NO. 44
1provisions causes confusion on the present status of qualifications for being elected to public
2office.
3 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
4authorize and direct the Louisiana State Law Institute to direct the printer of the Constitution
5of Louisiana to stop printing the language added by adoption of Act. No. 1492 of the 1997
6Regular Session of the Legislature to Article I, Section 10 of the Constitution of Louisiana
7and to direct the printer to print Article I, Section 10 of the Constitution of Louisiana as
8follows:
9 "§10. Right to Vote
10 Section 10. Every citizen of the state, upon reaching eighteen years of age,
11 shall have the right to register and vote, except that this right may be suspended
12 while a person is interdicted and judicially declared mentally incompetent or is under
13 an order of imprisonment for conviction of a felony."
14 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge
15and request that the printer of the Constitution of Louisiana stop printing the footnote
16regarding Shepherd v. Schedler, 209 So.3d 752 (La. 2016) that appears at Article I, Section
1710 of the Constitution of Louisiana.
18 BE IT FURTHER RESOLVED that two copies of this Resolution be transmitted to
19the Louisiana State Law Institute and that the Louisiana State Law Institute forward one such
20copy to the printer of the Constitution of Louisiana.
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)]
HCR 44 Original 2019 Regular Session Gregory Miller
Directs the La. State Law Institute to direct the printer of the La. Const. to stop printing the
language added by Act. No. 1492 of the 1997 R.S., which disqualified certain convicted
felons from seeking or holding an elective office for a certain period of time and which the
La. Supreme Court held was unconstitutionally enacted.
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