NEW ORLEANS - When Louisiana voters go to the polls for this November’s midterm elections, they will be deciding on six constitutional amendments.
Here is what they are and what they mean:
What it means:
A YES vote would: Ban convicted felons from holding or public office for five years after completing a prison sentence unless they are pardoned.
A NO vote would: Keep current law that allows convicted felons to qualify and hold office immediately after serving a prison sentence.
In 1997, voters approved an amendment that would have banned convicted felons from running for office for 15 years after the end of their sentence. The Louisiana Supreme Court overturned that law in 2016 by a 6-1 vote. Justice John L. Weimer wrote, "simply stated, what the citizens voted on was not what the legislature enacted."
This amendment seeks to reenact that ban, but only with a 5-year ban.
What it means:
A YES vote would: Require all 12 jurors to agree before rendering a verdict in noncapital felony cases for crimes committed after 2018.
A NO vote would: Keep current law that requires at least 10 of 12 jurors to agree before rendering a verdict in noncapital felony cases.
Louisiana and Oregon are currently the only two states that allow juries to convict or acquit a person in a felony case with 10 out of 12 jurors. The Advocate reports that the policy is a holdover from Jim Crow-era and was added to the state's constitution to perpetuate white supremacy.
The proposed amendment passed through the state's legislature with bipartisan support.
Proposed Amendment No. 3:
Do you support an amendment to permit, pursuant to written agreement, the donation of the use of public equipment and personnel by a political subdivision upon request to another political subdivision for an activity or function which the requesting political subdivision is authorized to exercise?
What it means:
A YES vote would: allow political subdivisions like local governments to share equipment and workers for authorized activities.
A NO vote would: Keep current law that requires local governments to receive equal value of any donation to another government entity.
In 2016, the Louisiana Legislative Auditor said the City of Denham Springs may have violated the Louisiana Constitution by allowing a Livingston Parish sewer district to use one of the city's vacuum trucks without a written agreement. The sponsor of the amendment told the Livingston Parish News that, "there's absolutely nothing wrong with neighboring cities from helping out one another, especially in times of need."
"The proposed amendment would allow local governments or other political subdivisions to donate equipment and personnel to other local entities as long as they have a written agreement without a requirement for receiving comparable value," the Public Affairs Research Council of Louisiana writes.
What it means:
A YES vote would: Remove the authority to use money from the Transportation Trust Fund for Louisiana State Police for traffic control purposes.
A NO vote would: Keep current law that allows a portion of the Transportation Trust Fund to be used by Louisiana State Police for traffic control purposes.
According to PAR, the Transportation Trust Fund was established in 1990 to be used for maintenance of roads and bridges, flood control, ports, airports, transit and state police for traffic control purposes. The fund has sometimes been used by Louisiana governors to fund police salaries and other operating expenses for Louisiana State Police for its traffic enforcement program.
Since 2016, the Louisiana Legislature has not used the TTF to support state police, but that policy would not be required by future legislatures or governors.
What it means:
A YES vote would: Allow property owned by a disabled veteran, spouse of a first responder who died in duty, or active duty military or first responder to retain certain tax exemptions when held in a trust.
A NO vote would: Keep current law that only allows certain tax exemptions when the property is in the owner's possession. If that property is moved to a trust, those tax exemptions go away.
According to PAR, all homeowners in Louisiana receive a homestead exemption on their primary residence, which means the first $75,000 of value on a home is not included in primary local property tax. If a resident is classified as one of the following groups, their tax assessments are frozen and will not increase:
- over the age of 65
- disabled veterans
- surviving spouses of the military who were killed in action
- totally disabled
Disabled veterans or their surviving spouses also receive an addition $75,000 property tax exemption. Surviving spouse of military members of first responders who die in the line of duty have a 100% property tax exemption.
As of 2018, if those properties are transferred to a trust fund, the above special exemptions are lost. This amendment would allow those exemptions to apply to the trusts until the deaths of the original owners who set up the trust.
What it means:
A YES vote would: Require any increase in property taxes after an appraisal to be phased in over four years. To be eligible for the phase-in, the property's reappraisal increases the assessment by more than 50 percent.
A NO vote would: Keep current law that requires homeowners to pay all taxes owed according to their assessed values.
According to PAR, properties must be reassessed at least every four years. Increases in assessment will cause owners to pay more property taxes.
Under this amendment, if the assessment increases by more than 50 percent, any tax increases must be phased in over four years. The amendment also bans local government and school districts from adjusting the tax rate to make up for lost revenue.
According to the Louisiana Tax Commission, assessments of more than 35 percent increase are not typical for residential properties.
The early voting period for the Nov. 6 election will last from Oct. 23-30 (except Sunday, Oct. 28) from 8:30 a.m. to 6 p.m.
The deadline to request an absentee by mail ballot is Nov. 2 by 4:30 p.m. Voters can request an absentee by mail ballot online through the Voter Portal or by writing in through their Registrar of Voter’s Office.
Election Day in Louisiana is Nov. 6.