On two upcoming elections, the Louisiana Legislature has two proposed amendments to the state constitution on the ballot:

On November 8, 2022, the following amendment to Article I, Section 3 of the Louisiana Constitution will be on the ballot:

§3. Right to Individual Dignity

Section 3. (A) No person shall be denied the equal protection of the laws. No law shall discriminate against a person because of race or religious ideas, beliefs, or affiliations. No law shall arbitrarily, capriciously, or unreasonably discriminate against a person because of birth, age, sex, culture, physical condition, or political ideas or affiliations.

(B)(1) Slavery and involuntary servitude are prohibited, except in the latter case as punishment for crime.

(2) Subparagraph (1) of this Paragraph does not apply to the otherwise lawful administration of criminal justice.

The amendment would remove “except in the latter case as punishment for crime” and add Paragraph (2).

On the ballot, the language presented to the electorate will read: “Do you support an amendment to prohibit the use of involuntary servitude except as it applies to the otherwise lawful administration of criminal justice?”

On December 10, 2022, the following amendment to Article I, Section 10 of the Louisiana Constitution will be on the ballot:

§10. Right to Vote; Disqualification from Seeking or Holding an Elective Office

Section 10. Right to Vote. (1) Every person who is both a citizen of the state and of the United States, upon reaching eighteen years of age, shall have the right to register and vote, except that this right may be suspended for a person who is interdicted and judicially declared mentally incompetent or who is under an order of imprisonment for condition of a felony.

(2) No person who is not a citizen of the United States shall be allowed to register and vote in this state.

On the ballot, the language presented to the electorate will read: “Do you support an amendment to provide that no person who is not a citizen of the United States shall be allowed to register and vote in this state?”

If you or someone you know has pending criminal charges and questions about your right to vote in Louisiana, give us a call at (318) 459-9111 to set up a consultation.

The Louisiana State Constitution prohibits individuals “under an order of imprisonment” on a felony conviction from exercising their right to vote. Louisiana Revised Statutes 18:102 reiterates this provision and states that “No person shall be permitted to register or vote who is: (1) Under an order of imprisonment […] for conviction of a felony.” La. R.S. 18:102A(1). “Under an order of imprisonment is defined as “a sentence of confinement, whether or not suspended, whether or not the subject of the order has been placed on probation, with or without supervision, and whether or not the subject of the order has been paroled.”

Earlier this year, Governor John Bel Edwards signed legislation that reinstated the right to vote for those convicted of felonies and who have not been incarcerated within 5 years. The change in the law requires the voter to submit documentation to the registrar of voters from Louisiana Department of Corrections showing that he has not been incarcerated within the preceding 5 years.

Anyone who has been convicted of a felony offense of election fraud or another election related offense who is under an order of imprisonment will not benefit from the amended law and will not have his voting rights reinstated after 5 years.

If you are facing a criminal charge and have concerns about the collateral consequences, including the impact on your voting rights, call us at (318) 459-9111 to set up a consult.