Jan 13th 2026| New Orleans Times-Picayune, Editorial Board Opinion
“Some violations of civil rights occur not by design but by situations unforeseen by the law’s designers. When this happens, the correct response is to fix the law without fuss.
That’s what Louisiana lawmakers should do in the case of people who are in jail, but not yet tried for alleged crimes, who are not allowed to vote. Unless and until they are convicted, their right to vote and their practical ability to do so must not be infringed.
Even if only a tiny subset of the population is denied its legal right to vote, provision must be made to preserve that right.
A group called Voice of the Experienced filed suit Dec. 12 in the state’s 19th Judicial District Court about this problem. State laws intended to guard against voter fraud require voters who register online or by mail to cast their ballots in person if they’ve never voted before. Exceptions are made for the disabled and military personnel deployed away from home, among others.
Whether such a restriction is wise or necessary is subject to debate, but a one-time in-person rule is no more unusual than a requirement for someone to show up in person for a first driver’s license. The civil rights problem arises only in the law’s application to those in jail awaiting trial.
Because they are in jail, it is the state itself that is keeping them from showing up in person to vote. They are literally not free to comply with his particular voting law. Yet, at the same time, the combination of the 13th, 14th and 15th amendments to the U.S. Constitution makes it incontrovertible that, as unconnected citizens, they have absolute rights to vote.
Especially in a state that features jurisdictions with among the longest pre-trial incarcerations in the country – at some risk, by the way, of violating the Sixth Amendment’s right to a speedy trial – the problem of unconvicted inmates being unable to vote is very real. For example, the suit filed last month names Rachael Day, who has been awaiting trial for more than six years for alleged involvement in an armed robbery that turned deadly.
If Day did commit the crime, she deserves the punishment she would receive. But she should not lose her rights for a single week, much less for six years, without having her day in court.
To fix the problem would be easy. All lawmakers must do is add “unconnected people awaiting trial” to the list of exceptions (disabled, military) to the law requiring first-time voters to appear in person. After all, because they are in the state’s custody, the state already can verify their identities, which makes the possibility of voter fraud entirely moot.
It’s a simple problem with a simple fix, and lawmakers need to start fixing it on the very first day of the next session.”
Originally Published in print on January 13, 2026 in the New Orleans Times Picayune Opinion section as the Letter From The Editor (https://www.nola.com/opinions/our_views/editorial-even-the-accused-have-voting-rights/article_81a87b30-3b1a-4567-87f5-f90f853c1962.html)