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.
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)