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, ยง10) 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 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))