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Louisiana Statutes § 18:102 Ineligible persons

⤴ Up to Part I: Registration

Statute Text

Effective Until 1/1/2025

A. No person shall be permitted to register or vote who is:
(1)
(a) Under an order of imprisonment, as defined in R.S. 18:2 , for conviction of a felony, except as provided in Subparagraph (b) of this Paragraph.
(b) Except as provided in Subparagraph (c) of this Paragraph, a person who is under an order of imprisonment for conviction of a felony and who has not been incarcerated pursuant to the order within the last five years shall not be ineligible to register or vote based on the order.
(c) Notwithstanding any other provision of law, no person shall be permitted to register or vote pursuant to this Section if he is convicted of a felony offense of election fraud or any other election offense pursuant to R.S. 18:1461.2 and he is under an order of imprisonment.
(2) Interdicted after being judicially declared to be mentally incompetent as a result of a full interdiction proceeding pursuant to Civil Code Article 389. A person subject to a limited interdiction pursuant to Civil Code Article 390 shall be permitted to register and vote unless the court in that proceeding specifically suspends the interdicted person's right to vote in the judgment of interdiction. If a person was previously subject to full interdiction, which has been changed to a limited interdiction, that person shall be eligible to register and vote unless the judgment of limited interdiction specifically suspends that right.
B. Notwithstanding the provisions of Paragraph (A)(1) of this Section or any other provision of law to the contrary, a person who was convicted of a felony prior to the effective date of the 1974 Constitution of Louisiana who has fully satisfied and completed his sentence shall not be ineligible to register to vote, nor shall he be prohibited from voting, based upon that conviction.
C. For purposes of this Chapter, "incarcerated pursuant to the order" means actual confinement in a correctional facility pursuant to the order of imprisonment, including confinement after conviction but prior to sentencing for which the person is given credit in the order and confinement following revocation of probation or parole. "Incarcerated pursuant to the order" does not include confinement pursuant to a violation of a condition of probation or parole that does not result in revocation.

Source

Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1979, No. 229, §1, eff. July 13, 1979; Acts 2003, No. 856, §1, eff. July 1, 2003; Acts 2004, No. 575, §1, eff. Jan. 1, 2005; Acts 2018 , No. 636 , § 1 , eff. March 1, 2019; Acts 2021 , No. 127 , § 1 , eff. Feb. 1, 2022.

History

Amended by Acts 2021 , No. 127 , s. 1 , eff. 2/1/2022 .

Amended by Acts 2018 , No. 636 , s. 1 , eff. 3/1/2019 .

Acts 1976, No. 697, §1, eff. 1/1/1978 . Amended by Acts 1979, No. 229, §1, eff. 7/13/1979 ; Acts 2003, No. 856, §1, eff. 7/1/2003 ; Acts 2004, No. 575, §1, eff. 1/1/2005 .

Effective Starting 1/1/2025

A. No person shall be permitted to register or vote who is:
(1)
(a) Under an order of imprisonment, as defined in R.S. 18:2 , for conviction of a felony, except as provided in Subparagraph (b) of this Paragraph.
(b) Except as provided in Subparagraph (c) of this Paragraph, a person who is under an order of imprisonment for conviction of a felony and who has not been incarcerated pursuant to the order within the last five years shall not be ineligible to register or vote based on the order.
(c) Notwithstanding any other provision of law, no person shall be permitted to register or vote pursuant to this Section if he is convicted of a felony offense of election fraud or any other election offense pursuant to R.S. 18:1461.2 and he is under an order of imprisonment.
(2) Interdicted after being judicially declared to be mentally incompetent as a result of a full interdiction proceeding pursuant to Civil Code Article 389. A person subject to a limited interdiction pursuant to Civil Code Article 390 shall be permitted to register and vote unless the court in that proceeding specifically suspends the interdicted person's right to vote in the judgment of interdiction. If a person was previously subject to full interdiction, which has been changed to a limited interdiction, that person shall be eligible to register and vote unless the judgment of limited interdiction specifically suspends that right.
(3) Not a citizen of the United States of America.
B. Notwithstanding the provisions of Paragraph (A)(1) of this Section or any other provision of law to the contrary, a person who was convicted of a felony prior to the effective date of the 1974 Constitution of Louisiana who has fully satisfied and completed his sentence shall not be ineligible to register to vote, nor shall he be prohibited from voting, based upon that conviction.
C. For purposes of this Chapter, "incarcerated pursuant to the order" means actual confinement in a correctional facility pursuant to the order of imprisonment, including confinement after conviction but prior to sentencing for which the person is given credit in the order and confinement following revocation of probation or parole. "Incarcerated pursuant to the order" does not include confinement pursuant to a violation of a condition of probation or parole that does not result in revocation.

Source

Acts 1976, No. 697, §1, eff. Jan. 1, 1978. Amended by Acts 1979, No. 229, §1, eff. July 13, 1979; Acts 2003, No. 856, §1, eff. July 1, 2003; Acts 2004, No. 575, §1, eff. Jan. 1, 2005; Acts 2018 , No. 636 , § 1 , eff. March 1, 2019; Acts 2021 , No. 127 , § 1 , eff. Feb. 1, 2022.

History

Amended by Acts 2024 , No. 500 , s. 1 , eff. 1/1/2025 .

Amended by Acts 2021 , No. 127 , s. 1 , eff. 2/1/2022 .

Amended by Acts 2018 , No. 636 , s. 1 , eff. 3/1/2019 .

Acts 1976, No. 697, §1, eff. 1/1/1978 . Amended by Acts 1979, No. 229, §1, eff. 7/13/1979 ; Acts 2003, No. 856, §1, eff. 7/1/2003 ; Acts 2004, No. 575, §1, eff. 1/1/2005 .

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Prior Versions of This Statute