Could someone convicted of an out-of-state felony qualify for elected office in Louisiana?

Plain-English summary

A state senator asked whether an individual convicted outside Louisiana of a crime that would be a felony in Louisiana could run for office after exhausting legal remedies without a pardon. The AG applied the state constitutional disqualification and exception as they stood in 2002. It said a pardon by the appropriate authority removed the bar. Without a pardon, a person who completed the original sentence could qualify if the qualifying date was more than fifteen years after completion. The opinion did not evaluate a particular candidate or conviction.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did an out-of-state felony automatically bar a Louisiana candidacy forever?
The AG described a pardon route and a separate exception after more than fifteen years from completion of the original sentence.

What if the person had no pardon?
The opinion said qualifying could occur only under the quoted exception: after the original sentence was completed and more than fifteen years had elapsed.

Did the AG decide whether a specific offense counted as a Louisiana felony?
No. It addressed the premise that the outside offense would be a felony if committed in Louisiana.

Background and statutory framework

The opinion quoted Louisiana Constitution Article 1, Section 10(B)(1) and (C). Its time period and qualification rules are historical and require current-law verification.

Citations and references

• The constitutional and statutory provisions discussed appear in the reproduced opinion below.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0124

Original opinion text

DEPARTMENT OF JUSTICE
P.O. BOX 94095
BATON ROUGE, LA 70804-9095
RICHARD P. IEYOUB CRIMINAL DIVISION Telephone.
ATTORNEY GENERAL
(225) 342-7552
FAX:
AUG ~ ~ 2002
(2251 342-7893
Opinion 02-0124

Louisiana Constitution Art. 1 section 10(b)(1) Honorable Max T. Malone
Louisiana Constitution Art. 1 section 10(c) Louisiana State Senator, District 37 15-A CONSTITUTIONAL LAW 610 Marshall Street, Ste. 722 An individual convicted in a state or jurisdiction other than Louisiana,
Shreveport, Louisiana 71101
which if committed in this state, would be a felony, may qualify as a
candidate to hold an elective position if he has been granted a pardon by the state or place where convicted, or if the date of qualifying is more than fifteen years after the date of completion of the original sentence.
Dear Senator Malone:

The Attorney General’s Office is in receipt of your opinion request regarding whether felons convicted in a state or jurisdiction other than Louisiana may hold an elective office within this state. Specifically, you asked whether a person who has been convicted of a felony may run for elected office in Louisiana if:

1) The person has been convicted under the laws of any other state or of the United States or of any foreign government of a crime which, if committed in Louisiana would constitute a felony, and who has exhausted all legal remedies but has not been pardoned in accordance with the applicable law of the place where the person was convicted.

Applicable Law

Louisiana Constitution Article 1, Section 10(B) provides, " The following persons shall not be permitted to qualify as a candidate for elective public office or take public elective office or appointment of honor, trust, or profit in this state:

(B)(1) A person who has been convicted within this state of a felony and who has exhausted all legal remedies, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be a felony and who has exhausted all legal remedies and has not afterwards been pardoned either by the governor of this state or by the officer of the state, nation, government or country having such authority to pardon in the place where the person was convicted and sentenced."

In the absence of pardon, an exception exists under Louisiana Constitution Art.
1, Section 10(C) which states, " Notwithstanding the provisions of Paragraph (B) of this Section, a person who desires to qualify as a candidate for or hold an elective office, who has been convicted of a felony and who has served his sentence, but has not been pardoned for such felony, shall be permitted to

Page 2

Hon. Max T. Malone
OPINION 02-0124
Page 5

qualify as a candidate for or hold such office if the date of his qualifying for such office is more than fifteen years after the date of completion of his original sentence."

Analysis and Opinion

An individual convicted of a crime under the laws of any other state or of the United States or of any foreign government or country, which if committed in this state would be a felony, and who has not received a pardon from the appropriate authority in the jurisdiction where convicted is permitted to run for an elected office, but only under the aforementioned exception if: (1) the individual has completed his original sentence; and (2) the date of his qualifying for such office is more than fifteen years after completion of the original sentence.

It is our hope this that opinion has been helpful. Please feel free to contact our office if we may be of further assistance. With warmest regards, I remain.

Respectfully yours,

RICHARD ~
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~~ey General
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