Voting rights for convicted felons
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Voting rights for convicted felons vary substantially from state to state. As of August 2020, in 48 states (as well as Washington, D.C.), convicted felons could not vote while incarcerated, but could regain the right to vote upon their release or at some point thereafter. In two states—Maine and Vermont—felons retained the right to vote during incarceration.[1][2][3]
Generally, governors across the United States may exercise the executive authority to restore voting rights on an individual basis. The policies described in this article deal with automatic or wide-ranging restoration of voting rights for convicted felons.
Voting rights by state
The table below summarizes voting rights for convicted felons in each of the 50 states as of August 2020.[1][2][3]
- In two states, convicted felons always retained the right to vote: Maine and Vermont.
- In three states, voting rights were restored to a convicted felon immediately upon completion of prison and parole time: California, Connecticut, and New York.
- In nine states, felons with certain convictions never regained the right to vote. The government may opt to restore an individual's voting rights. In Arizona, the government must opt to restore voting rights for individuals with two or more felony convictions. Voting rights are automatically restored to an individual with one felony conviction upon completion of his or her sentence.
- In 17 states and Washington, D.C., voting rights were restored to a convicted felon immediately upon completion of his or her prison sentence.
- In 19 states, voting rights were restored to a convicted felon upon completion of his or her sentence, including prison time, parole, and probation.[4]
| Felon voting rights by state | ||||
|---|---|---|---|---|
| State | Felon voting rights | |||
| Alabama | Felons with certain convictions never regain the right to vote. | |||
| Alaska | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| Arizona | Felons with two or more convictions do not automatically regain the right to vote; the government must opt to restore voting rights. Voting rights are automatically restored to an individual with one felony conviction upon completion of his or her sentence. | |||
| Arkansas | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole, and probation. | |||
| California | Voting rights are restored to a convicted felon immediately upon completion of prison and parole time. | |||
| Colorado | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Connecticut | Voting rights are restored to a convicted felon immediately upon completion of prison and parole time. | |||
| Delaware | Felons with certain convictions never regain the right to vote. | |||
| Washington, D.C. | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Florida | Felons with certain convictions never regain the right to vote. | |||
| Georgia | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| Hawaii | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Idaho | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| Illinois | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Indiana | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Iowa | On August 5, 2020, Governor Kim Reynolds (R) issued an executive order restoring voting rights to felons upon completion of their sentences, including prison time, parole, and probation. Individuals convicted of felony homicide could not have their voting rights automatically restored (instead, they must apply for restoration of voting rights).[5] | |||
| Kansas | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| Kentucky | Felons with certain convictions never regain the right to vote.[6] | |||
| Louisiana | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. A state law that took effect in 2019 enabled felons who had not been incarcerated within the last five years to have their voting rights restored unless they were convicted of an election offense.[7] | |||
| Maine | Convicted felons always retain the right to vote. | |||
| Maryland | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Massachusetts | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Michigan | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Minnesota | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| Mississippi | Felons with certain convictions never regain the right to vote. | |||
| Missouri | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| Montana | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Nebraska | Voting rights are restored to a convicted felon two years after completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| Nevada | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| New Hampshire | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| New Jersey | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| New Mexico | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| New York | Voting rights are restored to a convicted felon immediately upon completion of prison and parole time.[8][9] | |||
| North Carolina | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| North Dakota | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Ohio | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Oklahoma | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| Oregon | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Pennsylvania | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Rhode Island | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| South Carolina | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| South Dakota | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| Tennessee | Felons with certain convictions never regain the right to vote. | |||
| Texas | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| Utah | Voting rights are restored to a convicted felon immediately upon completion of prison sentence. | |||
| Vermont | Convicted felons always retain the right to vote. | |||
| Virginia | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. Note: State law provides for the permanent disenfranchisement of convicted felons unless voting rights are restored individually by the governor or another appropriate entity. In 2016, Governor Terry McAuliffe announced his plan "to issue individual restorations for citizens who have completed the terms of their sentence, including probation and parole." On October 10, 2019, Governor Ralph Northam (D) announced that he had restored voting rights to 22,205 convicted felons upon completion of their sentences, continuing the policy announced by McAuliffe in 2016.[10] | |||
| Washington | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| West Virginia | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| Wisconsin | Voting rights are restored to a convicted felon upon completion of his or her sentence. Sentence includes prison time, parole and probation. | |||
| Wyoming | Felons with certain convictions never regain the right to vote. | |||
| Sources: National Conference of State Legislatures, "Felon Voting Rights," October 14, 2019 Brennan Center for Justice, "Restoring the Right to Vote by State," last updated April 22, 2016 American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed November 25, 2015 | ||||
Number of disenfranchised felons by state
According to a report published by the Sentencing Project, a criminal justice reform group, an estimated 6.1 million felons did not have the right to vote in the United States in 2016. This amounted to approximately 2.5 percent of the total voting age population. In the map below, states are shaded according to their felon disenfranchisement rates (i.e., the number of disenfranchised felons in the state divided by the state's total voting age population). Lighter colors indicate a lower rate while darker colors indicate a higher rate. Hover over a state to see its felon disenfranchisement rate. The table below the map provides further details for each state.[11]
| Estimated number of disenfranchised felons by state, 2016 | |||
|---|---|---|---|
| State | Number of disenfranchised felons | Total voting age population | Felon disenfranchisement rate |
| Alabama | 286,266 | 3,755,483 | 7.62% |
| Alaska | 14,439 | 552,166 | 2.61% |
| Arizona | 221,170 | 5,205,215 | 4.25% |
| Arkansas | 66,705 | 2,272,904 | 2.93% |
| California | 222,557 | 30,023,902 | 0.74% |
| Colorado | 30,946 | 4,199,509 | 0.74% |
| Connecticut | 17,345 | 2,826,827 | 0.61% |
| Delaware | 15,716 | 741,548 | 2.12% |
| Florida | 1,686,318 | 16,166,143 | 10.43% |
| Georgia | 248,751 | 7,710,688 | 3.23% |
| Hawaii | 6,364 | 1,120,770 | 0.57% |
| Idaho | 23,106 | 1,222,093 | 1.89% |
| Illinois | 49,625 | 9,901,322 | 0.50% |
| Iowa | 52,012 | 2,395,103 | 2.17% |
| Indiana | 29,658 | 5,040,224 | 0.59% |
| Kansas | 17,594 | 2,192,084 | 0.80% |
| Kentucky | 312,046 | 3,413,425 | 9.14% |
| Louisiana | 108,035 | 3,555,911 | 3.04% |
| Maine | 0 | 1,072,948 | 0.00% |
| Maryland | 21,465 | 4,658,175 | 0.46% |
| Massachusetts | 11,176 | 5,407,335 | 0.21% |
| Michigan | 44,221 | 7,715,272 | 0.57% |
| Minnesota | 63,340 | 4,205,207 | 1.51% |
| Mississippi | 218,181 | 2,265,485 | 9.63% |
| Missouri | 89,665 | 4,692,196 | 1.91% |
| Montana | 4,146 | 806,529 | 0.51% |
| North Carolina | 91,179 | 7,752,234 | 1.18% |
| North Dakota | 2,178 | 583,001 | 0.37% |
| Nebraska | 17,564 | 1,425,853 | 1.23% |
| Nevada | 89,267 | 2,221,681 | 4.02% |
| New Hampshire | 3,031 | 1,066,610 | 0.28% |
| New Jersey | 94,315 | 6,959,192 | 1.36% |
| New Mexico | 24,286 | 1,588,201 | 1.53% |
| New York | 97,581 | 15,584,974 | 0.63% |
| Ohio | 52,837 | 8,984,946 | 0.59% |
| Oklahoma | 58,302 | 2,950,017 | 1.98% |
| Oregon | 14,748 | 3,166,121 | 0.47% |
| Pennsylvania | 52,974 | 10,112,229 | 0.52% |
| Rhode Island | 3,355 | 845,254 | 0.40% |
| South Carolina | 47,238 | 3,804,558 | 1.24% |
| South Dakota | 10,392 | 647,145 | 1.61% |
| Tennessee | 421,227 | 5,102,688 | 8.26% |
| Texas | 495,928 | 20,257,343 | 2.45% |
| Utah | 7,669 | 2,083,423 | 0.37% |
| Vermont | 0 | 506,119 | 0.00% |
| Virginia | 508,680 | 6,512,571 | 7.81% |
| Washington | 48,552 | 5,558,509 | 0.87% |
| West Virginia | 14,727 | 1,464,532 | 1.01% |
| Wisconsin | 65,606 | 4,476,711 | 1.47% |
| Wyoming | 23,847 | 447,212 | 5.33% |
| United States total | 6,106,327 | 247,219,588 | 2.47% |
| Source: The Sentencing Project, "6 Million Lost Voters: State-Level Estimates of Felony Disenfranchisement, 2016," accessed June 21, 2019 | |||
Support and opposition
Whether voting rights should be automatically restored to those convicted of felonies and whether those individuals should be able to vote while incarcerated are subjects of debate.
The following quotes briefly summarize arguments for and against automatic restoration of voting rights. See our page, Arguments for and against automatic restoration of voting rights for convicted felons, for detailed support and opposition arguments from a variety of sources.
| Arguments for and against automatic restoration of voting rights for convicted felons | |||||||
|---|---|---|---|---|---|---|---|
| Support | Opposition | ||||||
| "Denying the right to vote to an entire class of citizens is deeply problematic to a democratic society and counterproductive to effective reentry. Fortunately, many states are reconsidering their archaic disenfranchisement policies, with 24 states enacting reforms since 1997, but there is still much to be done before the United States will resemble comparable nations in allowing the full democratic participation of its citizens." - Jean Chung, The Sentencing Project (2019)[12] |
"The right to vote can be restored to felons, but it should be done carefully, on a case-by-case basis after a person has shown that he or she has really turned over a new leaf, not automatically on the day someone walks out of prison. The unfortunate truth is that most people who walk out of prison will be walking back in." - Roger Clegg, Center for Equal Opportunity (2016)[13]
| ||||||
The following quotes summarize arguments for and against allowing those convicted of felonies to vote while incarcerated. See our page, Arguments for and against allowing felons to vote while incarcerated, for detailed support and opposition arguments from a variety of sources.
| Arguments for and against allowing felons to vote while incarcerated | |||||||
|---|---|---|---|---|---|---|---|
| Support | Opposition | ||||||
| "In addition to the philosophical challenges raised by disenfranchising people in prison, such policies exacerbate many of the problems associated with disenfranchisement in general. In particular, they create significant limitations on full democratic participation by citizens, run counter to efforts to promote public safety, and exacerbate existing inequalities in the criminal justice system." - Marc Mauer, The Sentencing Project (2011)[14] |
"All but two states, Maine and Vermont, take away the right of felons to vote when they are convicted and are serving their sentences. Such a policy makes perfect sense and is in the best interests of our society and local communities. As a federal judge said in 2002 in an unsuccessful case challenging Florida’s disenfranchisement law, felons are deprived of their ability to vote because of 'their own decision to commit an act for which they assume the risks of detection and punishment.'" - Hans von Spakovsky, The Heritage Foundation (2019)[15]
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Noteworthy events
2018
Florida
On November 6, 2018, Florida voters approved an initiated constitutional amendment automatically restoring the right to vote for individuals with certain felony convictions (except those convicted of murder or a felony sexual offense) upon completion of their sentences, including prison, parole, and probation. The amendment was approved by a margin of 64.55 percent to 34.45 percent. The amendment took effect on January 8, 2019. Previously, felons in Florida could not automatically regain the right to vote; instead, a state board could restore voting rights on an individual basis.
Recent news
The link below is to the most recent stories in a Google news search for the terms Felon criminal voting rights. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Additional reading
- The Sentencing Project, "6 Million Lost Voters: State-Level Estimates of Felony Disenfranchisement, 2016," accessed June 21, 2019
- American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed November 25, 2015
- Brennan Center for Justice, "Restoring the Right to Vote by State," March 27, 2014
Footnotes
- ↑ 1.0 1.1 National Conference of State Legislatures, "Felon Voting Rights," October 14, 2019
- ↑ 2.0 2.1 American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed May 26, 2015
- ↑ 3.0 3.1 Brennan Center for Justice, "Restoring the Right to Vote by State," March 27, 2014
- ↑ This tally includes Nebraska, which restores voting rights two years after completion of a felon's sentence. It also includes Virginia, where Governors Terry McAuliffe and Ralph Northam have used their clemency powers to effect this policy (state law provides for permanent disenfranchisement of felons).
- ↑ Office of the Governor of Iowa, "Gov. Reynolds signs Executive Order to restore voting rights of felons who have completed their sentence," August 5, 2020
- ↑ Kentucky Governor, "Related to the Restoration of Civil Rights for Convicted Felons," December 12, 2019
- ↑ LegiScan, "Louisiana House Bill 265," accessed December 12, 2019
- ↑ New York Attorney General, "Voting Rights," accessed October 24, 2018
- ↑ On April 18, 2018, Gov. Andrew Cuomo (D) signed an executive order providing for the restoration of votings rights to convicted felons released into parole supervision. According to the order, "each individual on the eligible list will be reviewed to determine whether he or she will be granted a pardon that will restore voting rights."
- ↑ National Review, "Virginia Governor Announces Right to Vote Restored for Over 22k Felons," October 10, 2019
- ↑ The Sentencing Project, "6 Million Lost Voters: State-Level Estimates of Felony Disenfranchisement, 2016," accessed June 21, 2019
- ↑ The Sentencing Project, "Felony Disenfranchisement: A Primer," June 27, 2019
- ↑ New York Times, "If You Can’t Follow Laws, You Shouldn’t Help Make Them," April 22, 2016
- ↑ Mauer, Marc. "Voting Behind Bars: An Argument for Voting by Prisoners." Howard Law Journal 54,3. (2011): 559.
- ↑ The Heritage Foundation, "Allowing Felons to Vote While Incarcerated Is Reckless," October 15, 2019
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