HLS 23RS-685 ENGROSSED
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 a reinstatement application; to provide for the duties of the secretary of
6 state; to provide for notification to the registrar of voters; to provide for the duties
7 of the registrar; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 18:177(A) is hereby amended and reenacted to read as follows:
10 §177. Reinstatement of registration after suspension
11 A.(1) The registration of a person whose registration has been suspended by
12 the registrar of voters pursuant to R.S. 18:176(A) shall be reinstated by the registrar
13 upon submission of a voter reinstatement application developed by the secretary of
14 state and approved by the attorney general and upon any of the following:
15 (a) For a person whose registration is suspended for a state felony conviction
16 or for an out of state felony conviction when probation or parole has been transferred
17 to the state of Louisiana, the person is no longer identified on a report provided to
18 the registrar by the Department of State pursuant to R.S. 18:171(C).
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HB NO. 396
1 (b) The registrar receives notice that a judgment of conviction for which the
2 registration was suspended was overturned or vacated pursuant to R.S. 18:171(D) or
3 171.1(D).
4 (c) The registrar receives when the person appears in the office of the
5 registrar and provides documentation from the appropriate correction official
6 showing that such the person is no longer under an order of imprisonment or, if the
7 person is under such an order, that the person has not been incarcerated pursuant to
8 the order within the last five years and the person is not under an order of
9 imprisonment related to a felony conviction pursuant to election fraud or any other
10 election offense pursuant to R.S. 18:1461.2. Such documentation may be delivered
11 by mail, facsimile, commercial carrier, or hand delivery, or by electronic submission
12 in a method approved by the secretary of state.
13 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, such
14 documentation may be provided by mail, facsimile, commercial carrier, or hand
15 delivery for the following:
16 (a) A person who has been approved by the parish board of election
17 supervisors as being eligible to participate in the Special Program for Handicapped
18 Voters as such program existed prior to January 1, 2010.
19 (b) A person who has submitted to the registrar current proof of disability
20 from a physician along with a certification from the physician indicating that by
21 reason of the person's disability the person is unable to appear in person to vote
22 either during early voting or at the polling place on election day.
23 * * *
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 Engrossed 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 upon submission of
a voter reinstatement application and if the person is no longer identified as subject
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HB NO. 396
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.
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 submission of a voter reinstatement application developed
by the secretary of state and approved by the attorney general and upon any of the following:
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HB NO. 396
(1)For a person whose registration is suspended for a state felony conviction or for an
out-of-state felony conviction when probation or parole has been transferred to La.,
the person is no longer identified on a report provided to the registrar by the Dept.
of Public Safety and Corrections in accordance with present law.
(2)The registrar receives notice that a judgment of conviction for which the registration
was suspended 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, facsimile, commercial carrier, hand
delivery, or by electronic submission in a method approved by the secretary of state.
(Amends R.S. 18:177(A))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Add requirement for submission of a voter reinstatement application.
2. Provide that only for a registration suspended due to a state felony conviction or
an out-of-state conviction when probation or parole has been transferred to La.
shall registrars rely solely on lists submitted to the Dept. of State in order to
reinstate registration.
3. Provide that the notification of a judgment of conviction that the registrar relies
upon for reinstatement shall be for the same conviction for which registration
was suspended.
4. Authorizes delivery of documentation that a person is no longer subject to
suspension by electronic submission in a method approved by the secretary of
state instead of by electronic mail.
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