Judges: RICHARD P. IEYOUB
Filed Date: 6/25/1998
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Russell:
Your request for an Attorney General Opinion was forwarded to me for research and reply. In particular, you asked the following questions:
1) What effect does La. C.Cr.P. art.
893 have on the voting rights of convicted felons?2) Under La. R.S.
18:176 , should the registrar suspend voting rights immediately upon sentencing, or must he receive final disposition from the court?3) Upon proof of satisfactory completion of the terms of his sentence, is a convicted felon automatically entitled to have his voting rights "refranchised," or must he receive a gubernatorial pardon?
Your first question was addressed in Attorney General Opinion No. 98-16A, the release of which delayed the response to your request. That opinion held that La. C.Cr.P. art.
Your second question asks at what point the registrar must suspend a convicted felon's voting rights. La. R.S.
Your final question is answered by La. R.S.
The registration of a person whose registration has been suspended by the registrar of voters pursuant to R.S.
18:176 for conviction of a felony shall be reinstated upon receipt by the registrar of documentation from the appropriate correction official showing that such person is no longer under an order of imprisonment.
This language clearly indicates that there is no need for a convicted felon to receive a gubernatorial pardon in order for his voting rights to be reinstated. The registrar must reinstate the felon's voting rights upon receipt of proper attestation that the felon is no longer under an order of imprisonment.
I hope this opinion has adequately answered your questions. If I may be of further assistance, please do not hesitate to contact me.
Sincerely,
State of Louisiana DEPARTMENT OF JUSTICE P.O. BOX 94095 CRIMINAL DIVISION BATON ROUGE, LA Baton Rouge 70804-9095 Telephone: (504) 342-7552 RICHARD P. IEYOUB FAX: ATTORNEY GENERAL (504) 342-7893RICHARD P. IEYOUB Attorney General
BY: __________________________ JULIE A. COLLINS Assistant Attorney General