Gavin Howe
In the United States, the right to vote for convicts varies depending on the state and the nature of their conviction. While some states, like Vermont and Maine, retain voting rights for incarcerated individuals, others impose restrictions for at least some period. Felony disenfranchisement laws have been a subject of debate, with arguments for rehabilitation and restoration of voting rights. Reforms have been proposed and implemented, with varying impacts on voter rights across states. Understanding voting eligibility for convicts involves navigating the specific laws and conditions of each state, which can be a complex process.
| Characteristics | Values |
|---|---|
| Number of states where convicts can't vote | 48 (including Washington D.C.) |
| Number of states where convicts can vote | 2 (Maine and Vermont) |
| Number of Americans blocked from voting due to felony disenfranchisement laws in 2012 | 5.85 million |
| Number of Americans blocked from voting due to felony disenfranchisement laws in 2020 | 5.1 million |
| Number of Americans with past convictions who can vote | 19 million |
| Number of Americans who regained voting rights due to felony disenfranchisement reforms between 1997 and 2018 | 1.4 million |
| Number of residents in Kentucky who regained voting rights in 2019 | 140,000 |
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What You'll Learn
Voting rights vary by state
The voting rights of convicts vary across different states in the US. The US Supreme Court's interpretation of the Fourteenth Amendment in 1974 allowed states to decide which crimes would be grounds for disenfranchisement, which are not restricted to felonies. Felony disenfranchisement laws vary across states, with some allowing convicts to vote upon completion of their sentence, while others impose additional restrictions.
In states like the District of Columbia, Hawaii, Illinois, Indiana, Massachusetts, Michigan, Montana, New Hampshire, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, and Utah, voting rights are automatically restored upon release from prison. In California, Colorado, Connecticut, New York, and South Dakota, voting rights are restored upon release from prison and discharge from parole, with probationers being allowed to vote. Alaska, Arizona, Arkansas, Georgia, Idaho, Kansas, Louisiana, Maryland, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, and Washington restore voting rights upon completion of the entire sentence, including prison, parole, and probation.
Some states, like Maine and Vermont, do not restrict the voting rights of felons even during their prison sentence. In Colorado, individuals on parole or awaiting trial or serving a sentence for a misdemeanour conviction can vote. In Kentucky, Governor Andy Beshear restored voting rights to over 140,000 residents who had completed their sentences for non-violent felonies. Similarly, Nevada passed a law in 2019 to restore the right to vote for felons who were no longer serving prison sentences.
The Campaign Legal Center (CLC) is actively working to restore voting rights to disenfranchised felons in Tennessee. The Department of Justice's (DOJ) Guide to State Voting Rules After a Criminal Conviction provides detailed information about specific crimes and factors affecting voting rights in each state. The complex and varying state laws often confuse citizens with felony convictions, with many assuming that their voting rights are restricted.
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Felony disenfranchisement laws
In the United States, felony disenfranchisement laws vary across states and territories. While the right to vote is guaranteed at the federal level by the Fourteenth Amendment, the US Supreme Court interpreted, in Richardson v. Ramirez (1974), that states could decide which crimes would be grounds for disenfranchisement.
As of 2020, an estimated 5.1 million citizens were denied the right to vote due to felony convictions. This number has grown over the years, with 5.85 million felons blocked from voting in the 2012 national elections, up from 1.2 million in 1976. However, it is important to note that most people with felony convictions can vote, depending on their state laws and the details of their sentence.
The restoration of voting rights for felons has been a topic of debate and legislative reform in recent years. Between 1996 and 2008, 28 states changed their laws on felon voting rights, mostly to restore rights or simplify the restoration process. Since 2008, state laws have continued to shift, both curtailing and restoring voting rights. For example, in 2019, Nevada passed a law that restored the right to vote for felons who were no longer serving prison sentences. In the same year, Kentucky's governor signed an executive order to restore voting rights to more than 140,000 residents who had completed sentences for nonviolent felonies.
Some states, like Vermont and Maine, do not disenfranchise felons while they are in prison. In other states, voting rights may be restored automatically upon release from prison, upon completion of parole or probation, or after the entire sentence, including prison, parole, and probation, has been served. However, the restoration process can be confusing, and individuals with felony convictions should refer to their specific state laws or consult legal resources for guidance.
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Voting rights restoration
In the United States, citizens who have been convicted of a felony may have their voting rights restored, depending on the state or territory in which they reside. In all but two states, Maine and Vermont, citizens convicted of a felony are barred from voting for at least some period of time. However, the restoration of voting rights can vary significantly depending on the location and the nature of the conviction.
In some states, such as Maine and Vermont, voting rights are retained even while incarcerated for a felony conviction. In other states, such as the District of Columbia, Hawaii, Illinois, Indiana, Massachusetts, Michigan, Montana, New Hampshire, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, and Utah, voting rights are automatically restored upon release from prison.
There are also states where voting rights are restored once an individual is released from prison and discharged from parole, including California, Colorado, Connecticut, New York, and South Dakota. In Alaska, Arizona, Arkansas, Georgia, Idaho, Kansas, Louisiana, Maryland, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, and Washington, voting rights are restored upon the completion of an individual's entire sentence, including prison, parole, and probation.
It is important to note that individuals convicted of certain felony offenses, such as murder, rape, incest, sexual crimes against children, and treason, may not be eligible for voting rights restoration. Additionally, in some states, voting rights restoration may depend on the repayment of fines, fees, or restitution.
To confirm their voting eligibility and understand the specific requirements for voting rights restoration, individuals with felony convictions can refer to state-specific resources, such as the Department of Justice's Guide to State Voting Rules After a Criminal Conviction, or utilize websites like Restore Your Vote, developed by the Campaign Legal Center to help citizens understand their voting rights and navigate the restoration process.
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Parole and probation conditions
The laws regarding the voting rights of convicted felons vary across different states and territories in the US. In most states, felons who have completed their sentences, including prison, parole, and probation, are allowed to vote. However, there are certain states that impose restrictions on the voting rights of convicted felons, even after they have completed their sentences.
Parole is a period of supervised release that follows a prison sentence, during which the individual must abide by certain conditions set by a parole board. The conditions of parole vary depending on the jurisdiction and the individual's specific case. Common conditions of parole include regular meetings with a parole officer, maintaining employment or enrolling in an educational program, submitting to drug testing, and adhering to a curfew. Violating these conditions can result in revocation of parole and a return to prison.
Probation, on the other hand, is a sentence imposed by a court that allows an individual to remain in the community instead of serving time in prison. It is often given as an alternative to incarceration, particularly for first-time offenders or less serious offenses. The conditions of probation can vary but may include regular check-ins with a probation officer, community service, restrictions on travel or associations, drug testing, and participation in treatment or counseling programs. Violating the terms of probation can lead to additional restrictions or, in some cases, incarceration.
In terms of voting rights, the impact of parole and probation conditions can vary depending on the state. In some states, such as Colorado, individuals on parole or probation are considered to have completed their "full term of imprisonment" and are therefore eligible to vote. In other states, voting rights may be restored upon completion of parole or probation, or after a certain period. For example, in California, New York, and South Dakota, voting rights are automatically restored once an individual is released from prison and discharged from parole. In Louisiana, individuals may be eligible to vote while on probation or after being on parole for over five years.
It is important to note that the restoration of voting rights during or after parole and probation may depend on the specific details of the conviction and the sentence, as well as the state or territory laws. Individuals with felony convictions should refer to their state's laws and consult legal resources or advocacy groups to understand their specific voting rights and any applicable conditions.
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Advocacy for voting rights
Voting is a fundamental part of any democratic society, and ensuring that all citizens can exercise their right to vote is crucial. In the United States, the right to vote has been a highly contested issue, with a focus on the voting rights of individuals with felony convictions. While the laws vary across states and territories, many people with felony convictions are barred from voting, even after completing their sentences. This has led to the disenfranchisement of millions of Americans, with estimates ranging from 5.1 million to 5.85 million in recent national elections.
The Case for Advocacy
The high number of disenfranchised voters due to felony convictions highlights the need for advocacy to restore voting rights. This advocacy is essential because voting is a fundamental human right, as argued by a coalition of non-profit civil rights and criminal justice organizations. Additionally, restoring voting rights can facilitate the rehabilitation of formerly incarcerated individuals, helping them reintegrate into society and have a say in the laws and policies that affect their lives.
Strategies for Advocacy
Advocacy groups and organizations have employed various strategies to restore voting rights for individuals with felony convictions. One approach is to challenge felony disenfranchisement laws in court. For example, the Campaign Legal Center (CLC) filed a lawsuit (Falls v. Goins) on behalf of two citizens of Tennessee, seeking to restore their voting rights. Another strategy is to work with lawmakers to introduce and pass legislation that expands voting rights. Representative Maxine Waters (D-CA) introduced the Voting Restoration Act (H.R.2830) in 2002, aiming to lift disenfranchisement restrictions. Similarly, Senator Benjamin L. Cardin (D-MD) introduced the Democracy Restoration Act of 2017 (S. 1588) to Congress, which contributed to 1.4 million Americans regaining their voting rights.
Community Education and Empowerment
In addition to legal and legislative strategies, advocacy groups also focus on educating and empowering individuals with felony convictions. This includes providing resources and toolkits to help individuals understand their voting rights, which may vary depending on their state and the specifics of their conviction. Groups like the Campaign Legal Center offer online tools that allow individuals to answer key questions about their convictions and determine their eligibility to vote or restore their voting rights. Educating and empowering individuals to know their rights and take the necessary steps to register and vote is a crucial aspect of advocacy efforts.
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Frequently asked questions
No, it is not federal law that convicts can't vote. The US Supreme Court interpreted section 2 of the Fourteenth Amendment as permitting states to set their own laws regarding the disenfranchisement of convicted criminals.
No, convicts are barred from voting in all states except Vermont and Maine.
The following states restore voting rights to convicts after they are released from prison: The District of Columbia, Hawaii, Illinois, Indiana, Massachusetts, Michigan, Montana, New Hampshire, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, and Utah.
California, Colorado, Connecticut, New York, and South Dakota.
Alaska, Arizona, Arkansas, Georgia, Idaho, Kansas, Louisiana, Maryland, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, Washington, and Kentucky.
