HLS 23RS-685 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 396
BY REPRESENTATIVES JENKINS AND WILFORD CARTER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
VOTING/REGISTRATION: Provides for the reinstatement of the voter registration of a
person who is no longer under an order of imprisonment
1 AN ACT
2To amend and reenact R.S. 18:177(A), relative to the reinstatement of voter registration; to
3 provide for reinstatement for a person who is no longer under an order of
4 imprisonment or has not been incarcerated pursuant to the order for five years; to
5 provide for notification to the registrar of voters; to provide for the duties of the
6 registrar; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 18:177(A) is hereby amended and reenacted to read as follows:
9 §177. Reinstatement of registration after suspension
10 A.(1) The registration of a person whose registration has been suspended by
11 the registrar of voters pursuant to R.S. 18:176(A) shall be reinstated by the registrar
12 upon any of the following:
13 (a) The person is no longer identified on a report provided to the registrar by
14 the Department of State pursuant to R.S. 19:171(C) or 171.1(A).
15 (b) The registrar receives notice that a judgment of conviction was
16 overturned or vacated pursuant to R.S. 18:171(D) or 171.1(D).
17 (c) The registrar receives when the person appears in the office of the
18 registrar and provides documentation from the appropriate correction official
19 showing that such the person is no longer under an order of imprisonment or, if the
20 person is under such an order, that the person has not been incarcerated pursuant to
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-685 ORIGINAL
HB NO. 396
1 the order within the last five years and the person is not under an order of
2 imprisonment related to a felony conviction pursuant to election fraud or any other
3 election offense pursuant to R.S. 18:1461.2. Such documentation may be delivered
4 by mail, electronic mail, facsimile, commercial carrier, or hand delivery.
5 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, such
6 documentation may be provided by mail, facsimile, commercial carrier, or hand
7 delivery for the following:
8 (a) A person who has been approved by the parish board of election
9 supervisors as being eligible to participate in the Special Program for Handicapped
10 Voters as such program existed prior to January 1, 2010.
11 (b) A person who has submitted to the registrar current proof of disability
12 from a physician along with a certification from the physician indicating that by
13 reason of the person's disability the person is unable to appear in person to vote
14 either during early voting or at the polling place on election day.
15 * * *
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 396 Original 2023 Regular Session Jenkins
Abstract: Requires the registrar to reinstate the voter registration of a person whose
registration was suspended following an order of imprisonment if the person is no
longer identified as subject to suspension on certain lists submitted to the registrar
or if the registrar receives certain documentation showing the person is no longer
subject to suspension.
Present constitution (La. Const. Art. I, §10) provides that the right to vote may be suspended
for a person who is under an order of imprisonment for conviction of a felony.
Proposed law retains present constitution.
Present law (R.S. 18:102) provides that no person shall be permitted to register or vote who
is either:
1) Under an order of imprisonment for conviction of a felony and has been incarcerated
pursuant to the order within the last five years.
2) Convicted of a felony offense of election fraud or any other election offense and is
under an order of imprisonment.
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HB NO. 396
Proposed law retains present law.
Present law (R.S. 18:176) requires the registrar of voters to suspend the registration of a
person who meets the above requirements.
Proposed law retains present law.
To facilitate the suspension process, present law (R.S. 18:171) requires the Dept. of Public
Safety and Corrections to submit lists to the Dept. of State identifying individuals who meet
the requirements for suspension. The Dept. of State is thereafter required to report the
information received from the Dept. of Public Safety and Corrections to the registrar of
voters of each parish on no less than a quarterly basis.
Proposed law retains present law.
Present law (R.S. 18:171) requires the clerk of court to give written notice of the vacation
of a judgment of conviction to the appropriate registrar of voters.
Proposed law retains present law.
Present law (R.S. 18:171.1) requires each U.S. attorney to give written notice to the secretary
of state of any felony conviction of a person for which there is an order of imprisonment and
for which the person is incarcerated pursuant to the order and notice of the vacation of a
judgment of conviction. The secretary of state is thereafter required to send to the registrar
of voters of each parish such information regarding persons with a definitive felony
conviction and the vacation of a judgment of conviction.
Proposed law retains present law.
Present law (R.S. 18:177) requires a person's registration to be reinstated only when the
person appears in the office of the registrar and provides documentation from the appropriate
correction official showing that he is no longer subject to suspension. Present law further
provides that the required documentation may be provided by mail, facsimile, commercial
carrier, or hand delivery only if the person is eligible to participate in the Special Program
for Handicapped Voters or the person has submitted current proof of disability to the
registrar and otherwise meets certain qualifications related to his disability.
Proposed law repeals present law and instead provides that a person's registration shall be
reinstated by the registrar upon any of the following:
1) The person is no longer identified on a report provided to the registrar in accordance
with present law.
2) The registrar receives notice that a judgment of conviction was overturned or vacated
in accordance with present law.
3) The registrar receives documentation from the appropriate correction official
showing that the person is no longer subject to suspension. Further provides that
such documentation may be delivered by mail, electronic mail, facsimile,
commercial carrier, or hand delivery.
(Amends R.S. 18:177(A))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.