| Voting in Louisiana when you have a criminal record. |
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by: New Orleans Legal Assistance (an office of Southeast La. Legal Services)
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| Q. | I have been arrested, but never tried or convicted. Can I vote? |
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| A. | Yes. In Louisiana, an arrest by itself does not make you ineligible to register or vote. |
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| Q. | But I was convicted after the arrest. Can I still vote? |
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| A. | It depends. In Louisiana, the general rule is that you can't register or vote if you are "under an order of imprisonment" for conviction of a felony. Convictions for misdemeanors do not take away your voting rights. Whether your pled guilty or went to a trial doesn't matter. The first thing to look at is whether the crime you were convicted of a misdemeanor or a felony.
If it was a felony, the next thing to look at is the kind of sentence. Even if you don't serve a day in jail on your sentence, you might still not be able to register or vote. An "order of imprisonment" means that a judge has ordered jail time, even if your sentence was suspended or you were put on probation or parole. But if imposition of sentence iself is suspended, you can still register and vote. If you're not sure what kind of sentence you had, take a copy of the papers from court and talk to a lawyer.
But there is another exception for older felony convictions. If your conviction happened before January 1, 1975 and you have served your time, you are eligible to register and vote. |
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| Q. | Does it make a difference if my conviction was in federal or state court? |
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| A. | No. |
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| Q. | But can't I vote anyway? How will the registrar of voters know about my record? |
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| A. | The criminal courts send felony records to the voter registration offices every month. Sheriffs, district attorneys, and U.S. attorneys also send information about felony convictions to the registrar. |
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| Q. | I think my criminal record should not keep me from voting. But I have never registered. How do I register to vote? |
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| A. | You can register in person, by mail, or even online over the internet. The Louisiana Elections Division website explains where and how you can register. You can also find other ways to register online by looking in the Self-Help section on this website, under Voting Rights. |
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| Links: | Voter Registration information from the Elections Division |
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| Q. | What if the voter registration office won't let me register because of my criminal record? What can I do? |
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| A. | If you think your record is not the kind to keep you from voting, talk to a lawyer as soon as possible. You may also try calling the Secretary of State's Elections Division at 225-922-0900. |
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| Links: | Louisiana Elections Division website |
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| Q. | What if my felony conviction has been pardoned by the governor? Can I vote? |
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| A. | Maybe. A pardon does not automatically give you the right to register or vote. A pardon must clearly say that it is giving you back your voting rights. |
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| Q. | But what if I appeal my felony conviction? Can I still vote during the appeal? |
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| A. | No, you can't. But if the order of imprisonment is overturned, the criminal court is supposed to let the voter registration office know, so you can vote. But, you can also take proof to the registrar yourself and that should be enough to restore your voting rights. If you have a problem, talk to a lawyer. |
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