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 Reengrossed 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 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 submission of a voter reinstatement application developed by the secretary of
state and approved by the attorney general. Requires that the application be filed by the person
seeking reinstatement with the registrar in the parish where the applicant is qualified to vote. Filing
shall be made in person, by mail, or by electronic submission if a method of electronic submission
is approved by the secretary of state.
Proposed law further requires that reinstatement be dependent upon any of the following:
(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.
Proposed law provides that if the applicant has used the wrong form or has not provided the required
documentation, the registrar shall notify the applicant in writing, provide the correct form, and
inform the applicant that he has 10 days to submit the correct form and provide the required
documentation. If the applicant complies and the registrar determines that he is eligible for reinstatement, the applicant shall be added to the official list of voters and the registrar shall send
notice of reinstatement to the applicant. If the applicant does not respond to the registrar's request
within 10 days, the reinstatement shall be rejected and the registrar shall so advise the applicant in
writing. If the registrar's request is returned by the U.S. Postal Service, the reinstatement application
shall be rejected and the registrar shall attempt to notify the applicant of such action.
(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.
The House Floor Amendments to the engrossed bill:
1. Require that the application be filed by the person seeking reinstatement in person, by
mail, or by electronic submission if a method of electronic submission is approved by the
secretary of state.
2. Add provisions relative to obligations of the registrar if the applicant uses the wrong
form or lacks required documentation.