A felony conviction is supposed to be severe. It is the most potent type of penalty the government can wage against a convicted criminal.
However, a felony conviction carries more than just a prison sentence and fine. There are “unofficial” penalties felons must deal with, like being a social outcast, difficulty of travel with a felony, finding a job, running for public office, and the ability to vote in general elections.
Convicted felons must follow different voting laws based on the state they reside in and the state they were convicted. In some states, convicted felons regain their voting rights automatically when they have finished serving their prison time or probation.
Other states impose waiting periods for convicted felons until voting rights are restored after being released. In these cases, people convicted of a felony may not vote until they’ve gone through this process. This places a great deal of restrictions on someone with a felony conviction versus a misdemeanor.
It all comes down to your state.
So, Can a Felon Vote in the USA?
The short answer is no. A person convicted of a felony offense loses their right to vote. There are exceptions to the rule that vary state by state. Almost every state in the union does not allow a convicted felon to vote while incarcerated.
There are pathways for people to restore voting rights upon their release or at some point thereafter. For example, the states of Maine and Vermont allow felons to retain their felon voting rights during incarceration.
As it stands right now, the ability to vote for felons is:
- Always allowed to vote: District of Columbia (Washington, D.C.), Maine, Vermont
- Vote Restored after Incarceration: California, Colorado, Connecticut, Hawaii, Illinois, Indiana, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, Washington
- Vote Restored after Completion of Sentence (parole, probation): Alaska, Arkansas, Georgia, Idaho, Kansas, Louisiana, Minnesota, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, South Dakota, Texas, West Virginia, Wisconsin
- Additional Barriers to Restore Voting Rights: Alabama, Arizona, Delaware, Florida, Iowa, Kentucky, Mississippi, Nebraska, Tennessee, Virginia, Wyoming
The additional barriers tend to be a waiting period after the complete fulfillment of all sentences or paying fines to victims and the court like in the case of Florida’s felon voting rights. In some cases, that also means restoring your rights, which can be a long and challenging process without the aid of a lawyer.
Why Did Felons Lose the Right to Vote?
Felony disenfranchisement, or the removal of voting rights to convicted felons, began in 1792 when Kentucky passed laws restricting those rights. During and after the Civil War, more and more states began adopting disenfranchisement laws. Some argue this was to limit the ability of minorities to vote as they were the groups being incarcerated and convicted the most. This made it next to impossible to restore voting rights.
As of 2008, over 5.3 million people in the United States were denied the right to vote due to felony disenfranchisement. Most of these people are from minority groups. In the states where these laws are being overturned, measures still exist to make it harder for convicted felons to vote. A felon is not allowed to vote in Florida if any fines are left on their record from a conviction. This is considered a “poll tax” by some or a monetary barrier to a right the rest of the country enjoys for free.
Why Does it Matter if Felons Vote?
The Sentencing Project tracked released felons from 1997 through 2000 and found that those who voted were less than half as likely to be rearrested as those who did not – or could not – vote. There is some correlation between the ability to read and write and criminal recidivism.
The more interesting way to view this statistic is from a social standpoint. Felons already feel entirely outside the realm of “normal” society. We know that the best way to help someone with a criminal conviction reform is to create a robust social network of support around them. One of the easy ways to do this is to give them a feeling of social responsibility during election time.
Felons should not lose a right that attaches them to society. The removal of our ability to vote is the removal of our voice. Without that voice, we are no longer considered citizens of our home country but some other kind of class outside society. Once a convicted felon has served their time, they should be allowed to vote in elections.
Many organizations are working towards removing felony disenfranchisement across the country. Groups like The Sentencing Project, FairVote, and the ACLU work tirelessly to ensure all Americans have equal rights governed by the United States constitution.
Can the Felon Population Make a Difference in Elections?
There are about 6.1 million disenfranchised felons in the United States, a number that amounts to more than 5% of the country’s voting population. This is enough to make a difference in almost any election, but felons have been historically underrepresented at the polls (and thus often overlooked by politicians).
However, with the recent focus on criminal justice reform and prison reform, it’s become clear that felons want their voices heard—and now they may finally get their chance.
It should come as no surprise that most convicted felons prefer candidates who support voting rights for ex-felons.
In fact, according to a poll conducted by The Sentencing Project in 2015 and 2016 “the majority of released prisoners say they intend to vote if given the opportunity – 70% said they would do so within one year after release from prison and 75% indicated that they would vote within five years after release from incarceration.”
In addition to supporting voting rights for ex-felons, former offenders tend to vote for candidates who support criminal justice reforms like sentencing reform and drug law changes—both issues which progressives have been actively advocating for over recent years.
Isn’t Felony Disenfranchisement Racist?
One prominent reason for felony disenfranchisement is racism. The criminal justice system has long been riddled with racial disparities and racial stereotyping, and these issues are only magnified by the fact that voting rights are attached to citizenship rights.
In fact, many felony disenfranchisement laws were passed in the South during Reconstruction as a way of denying African Americans the right to vote and participate in their society after slavery ended.
Today, despite widespread efforts toward reform and diversity in our country’s judicial system, felony disenfranchisement laws still disproportionately harm minorities—a problem that extends far beyond voting rights alone.
Thus, it’s no surprise that some have argued that felony disenfranchisement should be considered unconstitutional. This should prohibit states from implementing any voting procedure or practice that results in discrimination against voters based on race or color (or language if bilingual assistance is provided).
However, this does not mean that all felon disfranchisement is unconstitutional. Just like with any other legislation or rule-making body, these rules must be evaluated individually based on how they impact different populations differently before being deemed discriminatory or otherwise illegal under federal law.
Is a Felon’s Ability to Vote a Poll Tax?
Poll taxes have a long and complicated history in the United States, but they are not used today. In fact, poll taxes were outlawed by the 24th Amendment to the Constitution in 1964. A poll tax is a fee charged to vote that voters must pay before casting their ballot.
Felon disenfranchisement is not a poll tax because it does not charge felons for their voting rights. Instead, it prevents them from exercising these rights entirely.
The problem is that we know felons have to pay high court fees that are often impossible and lead to a lifetime of debt. As felons cannot easily get work compared to the average citizen, the financial barriers in place prevent them from being able to cast a vote and have a voice.
What Can I Do to Help Felons Vote?
Many state-run organizations can help you get involved in restoring voting rights to felons and making it easier for those with disabilities and other barriers to get more comprehensive access to voting locations.
The best thing you can do is contact your representative or senator on this topic. You can learn more by visiting the contact sections of the United States Senate or the House of Representatives.
Always be cordial and respectful in your letters and try to make them about your personal story, so they have a more significant impact on these elected officials. It may seem small, but if you read through history, you will find many examples of everyone from local school board members to Presidents of the USA implementing new laws and regulations because of a single letter by a concerned citizen.
Conclusion
While the right to vote is a fundamental part of our democracy, there are still many people who cannot participate in elections. This is particularly true for those convicted of felonies, who face barriers in regaining their voting rights even after they’ve served their time.
These laws may have been enacted with good intentions, but they disproportionately affect minority populations and violate the principle of universal suffrage that makes our country unique.
Learning the specific laws of your state so you can vote is critical, especially when registering to vote. Do your homework, so you have a voice in how our country is shaped.
Would you like to learn more about felon rights? Purchase the guidebook for those on the path to regaining a life after prison, Getting Out: success after incarceration.
