Louisiana Amendment 1, Citizen Requirement for Voting Measure (December 2022)

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Louisiana Amendment 1
Flag of Louisiana.png
Election date
December 10, 2022
Topic
Suffrage
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

Louisiana Amendment 1, the Citizen Requirement for Voting Measure, was on the ballot in Louisiana as a legislatively referred constitutional amendment on December 10, 2022. The amendment was approved.[1]

A "yes" vote supported amending the Louisiana Constitution to provide that "No person who is not a citizen of the United States shall be allowed to register and vote in this state."

A "no" vote opposed amending the Louisiana Constitution to provide that "No person who is not a citizen of the United States shall be allowed to register and vote in this state."

Election results

Louisiana Amendment 1

Result Votes Prozentualer Anteil

Approved Yes

314,678 73.44%
No 113,808 26.56%
Results are officially certified.
Source


Übersicht

What did this amendment do?

See also: Text of measure

This amendment prohibited local governments from allowing noncitizens to vote.[1]

Going into the election, Article I, Section 10 of the Louisiana Constitution read "Every citizen of the state, upon reaching eighteen years of age, shall have the right to register and vote..."

This amendment changed the section to read "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..."[1]

The amendment also added a section to the Louisiana Constitution that says, "No person who is not a citizen of the United States shall be allowed to register and vote in this state."[1]

What do other state constitutions say about suffrage and citizenship?

See also: State constitutions on suffrage and citizenship

In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, such as U.S. House, U.S. Senate, and presidential elections. Federal law did not address state or local elections.[2]

All state constitutions mention United States citizenship when discussing who can vote in that state's elections. In 45 states, constitutional language discussing citizenship says who can vote (e.g. "every citizen" or "all citizens"), but does not state that noncitizens cannot vote. In five states (Alabama, Arizona, Colorado, Florida and North Dakota) the states' constitutions provide that citizens, but not noncitizens, have the right to vote. In 2018 and 2020, constitutional amendments to state that only a citizen (rather than every citizen) may vote were approved in four states.

Can noncitizens vote in local elections in other states?

See also: Noncitizen-voting in the United States

Fifteen municipalities across the country allowed noncitizens to vote in local elections as of 2022. Eleven were located in Maryland, two were located in Vermont, one was New York City, and the other was San Francisco, California. San Francisco allowed noncitizens to vote in school board elections by approving Proposition N in 2016. On January 9, 2022, New York City Mayor Eric Adams signed a bill that would allow noncitizens to vote in municipal elections starting in January 2023.[3]

What did state legislators and officials say about this measure?

See also: Support and Opposition

Republican State Representative and the sponsor of the amendment in the state legislature, Debbie Villio, said the amendment was necessary to prevent local governments from giving noncitizens the ability to vote in certain local elections, citing a bill signed by New York City Mayor Eric Adams on January 9, 2022, that was designed to allow noncitizens to vote in municipal elections starting in January 2023.[4]

Louisiana Secretary of State Kyle Ardoin (R) said that the current language in the constitution referring to being a citizen of the state is confusing because a foreign citizen can be a Louisiana resident (or a citizen of Louisiana) and someone could interpret the language as allowing non-citizens to vote in local elections in Louisiana and said the amendment would prevent a local government from allowing noncitizens to vote. Ardoin said, "What I’m doing is I’m trying to plug a gap that I see that could possibly occur that could create chasms in our system, and I want to avoid that as much as possible."[4]

Former State Rep. Woody Jenkins (R) said that the language in the constitution referring to being a citizen of the state means a U.S. citizen who is a resident of Louisiana and that "it is impossible to be a Louisiana citizen and not be a citizen of the United States."[4]

Democratic State Rep. Royce Duplessis said he agreed with the substance of the bill stating that only U.S. citizens have the right to vote. He also said, "The problem with a ballot measure like this… is that it’s going to lead to further division and further skepticism being fed around the election integrity process and this notion that you have all of these illegals or people who don’t belong here or people who are some kind of way being snuck into the country who shouldn’t be voting that are voting, and we now have to put this on the ballot."[4]

Text of measure

Ballot question

The ballot question for the amendment was as follows:[1]

" 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? (Amends Article I, Section 10)

[ ]Yes [ ] No[5]

Constitutional changes

See also: Article I, Louisiana Constitution

The measure amended Section 10 of Article I of the Louisiana Constitution. The following struck-through text was deleted and underlined text was added.[1]

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

Section 10.(A) 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 while for a person who is interdicted and judicially declared mentally incompetent or who is under an order of imprisonment for conviction 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. [5]

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 8, and the FRE is 62. The word count for the ballot title is 33.


Support

Supporters

Officials

Arguments

  • Louisiana Secretary of State Kyle Ardoin: "What I’m doing is I’m trying to plug a gap that I see that could possibly occur that could create chasms in our system, and I want to avoid that as much as possible." Ardoin explained that the current language in the constitution referring to being a 'citizen of the state' is confusing because a foreign citizen can be a Louisiana resident (or a citizen of Louisiana) and someone could interpret the language as allowing non-citizens to vote in local elections in Louisiana. Ardoin also said the amendment would prevent a local government from allowing noncitizens to vote.
  • State Rep. and amendment sponsor Debbie Villio (R): Villio said the amendment was necessary to prevent local governments from giving noncitizens the ability to vote in certain local elections, citing a bill signed by New York City Mayor Eric Adams on January 9, 2022, that was designed to allow noncitizens to vote in municipal elections starting in January 2023.


Opposition

Opponents

If you are aware of any opponents or opposing arguments, please send an email with a link to [email protected].

Arguments

  • State Rep. Royce Duplessis (D): Duplessis said he agreed with the substance of the bill stating that only U.S. citizens have the right to vote. He also said, "The problem with a ballot measure like this… is that it’s going to lead to further division and further skepticism being fed around the election integrity process and this notion that you have all of these illegals or people who don’t belong here or people who are some kind of way being snuck into the country who shouldn’t be voting that are voting, and we now have to put this on the ballot."
  • Former State Rep. Woody Jenkins (R): "It is impossible to be a Louisiana citizen and not be a citizen of the United States."
  • State Rep. Candace Newell (D): Newell proposed making the change via statute (state law) rather than through a constitutional amendment requiring voter approval "in an effort to contain most of the debate within the Legislature."


Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at [email protected].

Support

  • The New Orleans Advocate Editorial Board: "We have long held that citizenship is a privilege for Americans but it is also something that we hope immigrants will embrace. Our country needs more immigrants, not fewer. A combination of legal language in the Louisiana Constitution and state law amounts to a clear policy that one must be a citizen to vote in our state’s elections. ... But if the amendment’s passage persuades even a few folks that our election process is more secure, perhaps that will be a positive outcome."


Opposition

Ballotpedia did not locate a campaign in opposition to the ballot measure.

Campaign finance

See also: Campaign finance requirements for Louisiana ballot measures

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $0.00 $0.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00

Ballotpedia has not identified political action committees registered to support or oppose this measure. If you are aware of one, please email [email protected].

Background

Citizenship voting requirement ballot measures

Upcoming measures

Ballot measure Year Status Typ
Iowa Citizen Requirement for Voting and Primary Voting for 17-Year-Olds Amendment 2024  On the ballot Legislative referral

Approved measures

In 2018, 2020, and 2022, constitutional amendments to state that only a citizen (rather than every citizen) may vote were approved in five states.

Ballot measure Year Status Yes vote No vote Typ
Ohio Citizenship Voting Requirement Amendment 2022 ApprovedaApproved 77.05% 22.95% Legislative referral
Florida Amendment 1, Citizen Requirement for Voting Initiative 2020  ApprovedaApproved 79.29% 20.71% Initiative
Alabama Amendment 1, Citizen Requirement for Voting Amendment 2020  ApprovedaApproved 77.01% 22.99% Legislative referral
Colorado Amendment 76, Citizen Requirement for Voting Initiative 2020  ApprovedaApproved 62.90% 37.10% Initiative
North Dakota Measure 2, Citizen Requirement for Voting Initiative 2018  ApprovedaApproved 65.93% 34.07% Initiative


Citizen Voters, Inc., which has supported ballot measures across the U.S. to amend state constitutions to say that only a citizen can vote rather than that every citizen can vote, updates a map on its website showing its past ballot measure efforts and future plans for ballot measures. The map can be found here.

State constitutions on suffrage and citizenship

All state constitutions mention United States citizenship when discussing who can vote in that state's elections. In 45 states, constitutional language discussing citizenship says who can vote (e.g. "every citizen" or "all citizens"), but does not state that noncitizens cannot vote. In five states (Alabama, Arizona, Colorado, Florida and North Dakota) the states' constitutions provide that citizens, but not noncitizens, have the right to vote.

Noncitizen-voting in the United States

See also: Laws permitting noncitizens to vote in the United States

In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, such as U.S. House, U.S. Senate, and presidential elections. Federal law did not address state or local elections.[2]

Fifteen municipalities across the country allowed noncitizens to vote in local elections as of January 2022. Eleven were located in Maryland, two were located in Vermont, one was New York City, and the other was San Francisco, California. San Francisco allowed noncitizens to vote in school board elections by approving Proposition N in 2016. On January 9, 2022, New York City Mayor Eric Adams signed a bill that would allow noncitizens to vote in municipal elections starting in January 2023.[6]

Constitutional amendments on the ballot, 2000-2020

See also: List of Louisiana ballot measures

The following statistics are based on legislatively referred constitutional amendments on the even-year ballot in Louisiana between 2000 and 2020:

  • During the 20-year period between 2000 and 2020, the statewide ballot in Louisiana featured 104 constitutional amendments.
  • An average of 10 amendments appeared on the ballot.
  • The number of amendments on the ballot ranged from four to 21.
  • Voters approved 71.15% (74 of 104) and rejected 28.85% percent (30 of 104) of the constitutional amendments.
Legislatively-referred constitutional amendments in even-years, 2000-2020
Total number Approved Percent approved Defeated Percent defeated Even-year average Even-year median Even-year minimum Even-year maximum
104 74 71.15% 30 28.85% 9.45 8.0 4 21

Path to the ballot

See also: Amending the Louisiana Constitution

In Louisiana, a two-thirds vote is needed in each chamber of the Louisiana State Legislature to refer a legislatively referred constitutional amendment to the ballot for voter consideration.

This amendment was introduced as House Bill 178 on February 24, 2022. On May 23, 2022, the state House passed HB 178 in a vote of 72-17 with 16 members absent. On June 3, 2022, the state Senate passed the bill in a vote of 30-1 with seven members absent.[1]

Vote in the Louisiana House of Representatives
May 23, 2022
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 70  Approveda
YesNoNot voting
Total721716
Total percent68.57%16.19%15.24%
Democrat51712
Republican6404
Independent300

Vote in the Louisiana State Senate
June 3, 2022
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 26  Approveda
YesNoNot voting
Total3017
Total percent78.95%2.63%18.42%
Democrat515
Republican2502

How to cast a vote

See also: Voting in Louisiana

Click "Show" to learn more about voter registration, identification requirements, and poll times in Louisiana.

See also

External links

Footnotes