HLS 22RS-1132 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 846
BY REPRESENTATIVE MARCELLE
VOTING/REGISTRATION: Provides relative to registration and voting by a person
convicted of a felony
1 AN ACT
2To amend and reenact R.S. 18:101(B) and 1303(G) and to repeal R.S. 18:2(8), 102(A)(1),
3 (B), and (C), 104(C)(1)(b), 171, 171.1, 176(A), 177(A), and 177.1, relative to
4 registration and voting; to repeal provisions of law providing relative to suspension
5 of registration and voting rights based on conviction of a felony; to provide relative
6 to procedures for voter registration and voting; to provide relative to reinstatement
7 of voter registration; to provide relative to notice and reporting of felony convictions;
8 and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 18:101(B) and 1303(G) are hereby amended and reenacted to read
11as follows:
12 §101. Registration to vote; qualifications; more than one residence; presidential
13 elections
14 * * *
15 B. For purposes of the laws governing voter registration and voting,
16 "resident" means a citizen who resides in this state and in the parish, municipality,
17 if any, and precinct in which he offers to register and vote, with an intention to reside
18 there indefinitely. If a citizen resides at more than one place in the state with an
19 intention to reside there indefinitely, he may register and vote only at one of the
20 places at which he resides. If a person claims a homestead exemption, pursuant to
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HB NO. 846
1 Article VII, Section 20 of the Constitution of Louisiana, on one of the residences, he
2 shall register and vote in the precinct in which that residence is located, except that
3 a person who resides in a nursing home as defined in R.S. 40:2009.2 or in a veterans'
4 home operated by the state or federal government may register and vote at the
5 address where the nursing home or veterans' home is located. For purposes of voter
6 registration and voting, the residence of a married woman shall be determined in the
7 same manner as is required for any other citizen. A citizen of this state shall not be
8 or remain registered or vote in more than one place of residence at any one time. For
9 the purposes of voter registration and voting, the residence of a person who is
10 incarcerated pursuant to an order of imprisonment for conviction of a felony shall be
11 in this state and in the parish, municipality, if any, and precinct in which he is
12 counted for redistricting purposes by the state.
13 * * *
14 §1303. Persons entitled to vote in compliance with this Chapter
15 * * *
16 G. Persons incarcerated. A person incarcerated in an institution inside or
17 outside the parish in which he is qualified to vote, who is not under an order of
18 imprisonment for conviction of a felony, may only vote absentee by mail and only
19 upon meeting the requirements of this Chapter and certification to the appropriate
20 registrar by the sheriff of the parish where the person is incarcerated that he is not
21 a convicted felon.
22 * * *
23 Section 2. R.S. 18:2(8), 102(A)(1), (B), and (C), 104(C)(1)(b), 171, 171.1, 176(A),
24177(A), and 177.1 are hereby repealed in their entirety.
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HB NO. 846
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 846 Original 2022 Regular Session Marcelle
Abstract: Repeals provisions of law providing relative to suspension of registration and
voting rights based on conviction of a felony.
Present law (R.S. 18:102–La. Election Code) generally 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 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. However, provides that
a person may not register or vote if he has been convicted of a felony offense of election
fraud or any other election offense pursuant to present law (R.S. 18:1461.2) and is under an
order of imprisonment.
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 the person is no longer
under an order of imprisonment.
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 and he is not under an order of imprisonment related to a
felony conviction pursuant to election fraud or any other election offense pursuant to present
law (R.S. 18:1461.2).
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.
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Present law (R.S. 18:104(C)) provides that the voter application form shall inform the
applicant of the penalty for violation of applicable laws relating to registration of voters.
Further provides that such form shall contain an affidavit attesting that the applicant is a
United States citizen; that the applicant is not currently under an order of imprisonment for
conviction of a felony or, if the applicant is under such an order, that the applicant has not
been incarcerated within the last five years and he is not under an order of imprisonment
related to a felony conviction pursuant of an election offense; that the applicant is not
currently under a judgment of full interdiction for mental incompetence, or a limited
interdiction in which the right to register to vote has specifically been suspended; that the
facts given by him on the application are true to the best of his knowledge and belief.
Proposed law retains present law but removes the provision relative to an order of
imprisonment for conviction of a felony or incarceration.
Present law (R.S. 18:101(B)) provides that "resident" means a citizen who resides in this
state and in the parish, municipality, if any, and precinct in which he offers to register and
vote, with an intention to reside there indefinitely. If a citizen resides at more than one place
in the state with an intention to reside there indefinitely, he may register and vote only at one
of the places at which he resides.
Proposed law retains present law but adds a provision relative to a person who is
incarcerated pursuant to an order of imprisonment for conviction of a felony. Provides that
the residence of such person shall be in this state and in the parish, municipality, if any, and
precinct in which he is counted for redistricting purposes by the state.
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. 18:101(B) and 1303(G); Repeals R.S. 18:2(8), 102(A)(1), (B), and (C),
104(C)(1)(b), 171, 171.1, 176(A), 177(A), and 177.1)
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CODING: Words in struck through type are deletions from existing law; words underscored
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