Voting rights for people convicted of a felony

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Voting rights for people convicted of a felony vary substantially from state to state. As of August 2023, people convicted of a felony in Maine, Vermont, and Washington, D.C. retained the right to vote while incarcerated. In 38 other states, people convicted of a felony could not vote while incarcerated but automatically regained the right to vote upon their release or at some point thereafter. Ten states did not automatically restore voting rights for people convicted of a felony.[1][2][3]

Generally, governors across the United States may exercise the executive authority to restore voting rights by pardon on an individual basis. However, the policies described in this article deal with automatic restoration of voting rights for people convicted of a felony.

This research was last updated on August 23, 2023

Policies by state

The map and table below summarize voting rights for people convicted of a felony in each of the 50 states and Washington, D.C., as of August 2023.[1][2][3]

  1. In two states ( Maine and Vermont) and Washington, D.C., people convicted of a felony always retain the right to vote.
  2. In 22 states, voting rights are restored to people convicted of a felony automatically upon completion of their prison sentence. This tally includes New Mexico due to legislation signed on March 30, 2023.
  3. In one state, Connecticut, voting rights are restored to people convicted of a felony automatically upon completion of prison and parole time.
  4. In 15 states, voting rights are restored to peple convicted of a felony automatically upon completion of their sentence, including prison time, parole, and probation. This tally includes Nebraska, which restores voting rights automatically two years after completion of a felony sentence.
  5. In 10 states, voting rights are not automatically restored to people convicted of a felony. However, the governor may opt to restore an individual's voting rights by pardon on a case-by-case basis. This tally includes Arizona, where voting rights are automatically restored for people with one felony conviction, but government action is required to restore voting rights for people with two or more felony convictions. Virginia is also included here. In 2023, Governor Glenn Youngkin's (R) administration announced that he would not continue the policy of automatically restoring voting rights for people convicted of a felony that previous governors used their powers to enact. Mississippi is included here as well. The U.S. Court of Appeals for the Fifth Circuit ruled on August 4, 2023, that Mississippi's lifetime voting ban for people convicted of certain felonies was unconstitutional. Mississippi filed an en banc petition on August 18. Click here to read more about the litigation.


State details

Voting rights for people convicted of a felony by state
State Policy
Alabama People convicted of certain felonies never regain the right to vote.
Alaska Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole and probation.
Arizona People convicted of two or more felonies do not automatically regain the right to vote; the government must opt to restore their voting rights. Voting rights are automatically restored to people with one felony conviction upon completion of their sentence.
Arkansas Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole, and probation.
California Voting rights are restored to people convicted of a felony upon completion of their prison sentence.
Colorado Voting rights are restored to individuals convicted of a felony upon completion of their prison sentence.
Connecticut Voting rights are restored to people convicted of a felony upon completion of their prison and parole time.
Delaware People convicted of certain felonies never regain the right to vote.
Washington, D.C. People convicted of a felony always retain the right to vote.
Florida People convicted of certain felonies never regain the right to vote.
Georgia Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole and probation.
Hawaii Voting rights are restored to individuals convicted of a felony immediately upon completion of their prison sentence.
Idaho Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole and probation.
Illinois Voting rights are restored to people convicted of a felony upon completion of their prison sentence.
Indiana Voting rights are restored to people convicted of a felony upon completion of their prison sentence.
Iowa On August 5, 2020, Governor Kim Reynolds (R) issued an executive order restoring voting rights to people convicted of a felony upon completion of their sentences, including prison time, parole, and probation. However, people convicted of felony homicide do not have their voting rights automatically restored. Instead, they must apply for restoration of voting rights.[4]
Kansas Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole and probation.
Kentucky People convicted of certain felonies never regain the right to vote.[5]
Louisiana Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole and probation. A state law that took effect in 2019 enabled people convicted of a felony who have not been incarcerated within the last five years to have their voting rights restored unless the conviction was for an election offense.[6]
Maine People convicted of a felony always retain the right to vote.
Maryland Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence.
Massachusetts Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence.
Michigan Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence.
Minnesota Voting rights are restored to people convicted of a felony upon completion of their prison sentence. On March 3, 2023, Governor Tim Walz (D) signed House File 28 into law, restoring voting rights to Minnesotans convicted of a felony that are still on parole, probation, or supervised release.
Mississippi People convicted of certain felonies never regain the right to vote. The U.S. Court of Appeals for the Fifth Circuit ruled on August 4, 2023, that Mississippi's lifetime voting ban for people convicted of certain felonies was unconstitutional. Mississippi filed an en banc petition on August 18. Click here to read more about the litigation.
Missouri Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole and probation.
Montana Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence.
Nebraska Voting rights are restored to people convicted of a felony two years after completion of their sentence. Sentence includes prison time, parole and probation.
Nevada Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence.
New Hampshire Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence.
New Jersey Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence.
New Mexico Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence. On March 30, 2023, Governor Michelle Lujan Grisham (D) signed HB4 into law, restoring voting rights to people convicted of a felony who have completed their prison time, but are still either on parole, probation, or another form of supervised release.[7]
New York Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence.
North Carolina Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole and probation.
North Dakota Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence.
Ohio Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence.
Oklahoma Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole and probation.
Oregon Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence.
Pennsylvania Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence.
Rhode Island Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence..
South Carolina Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole and probation.
South Dakota Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole and probation.
Tennessee People convicted of certain felonies never regain the right to vote.
Texas Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole and probation.
Utah Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence..
Vermont People convicted of a felony always retain the right to vote.
Virginia Voting rights are not restored to people convicted of a felony automatically. Instead, people must submit an application for restoration to the governor's office upon completion of their sentence, including prison time, parole, and probation, which will be considered on a case-by-case basis.
Note: Former governors Bob McDonnell (R), Terry McAuliffe (D), and Ralph Northam (D) used their gubernatorial authority to automatically restore voting rights to thousands of people with felony convictions upon completion of their prison sentences. In 2023, Governor Glenn Youngkin (R) announced that he would not continue this policy and would consider individual applications for voting rights restoration through pardon after the completion of a felony sentence, including prison time, parole, and probation.[8][9][10]
Washington Voting rights are restored to people convicted of a felony immediately upon completion of their prison sentence.
West Virginia Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole and probation.
Wisconsin Voting rights are restored to people convicted of a felony upon completion of their sentence. Sentence includes prison time, parole and probation.
Wyoming People convicted of certain felonies never regain the right to vote.
Sources: National Conference of State Legislatures, "Felon Voting Rights," March 7, 2023
Brennan Center for Justice, "Restoring the Right to Vote by State," accessed March 20, 2023
American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed March 20, 2023

Voter disqualification rates by state

According to a report published by the Sentencing Project, a criminal justice reform group, an estimated 4.6 million people convicted of a felony did not have the right to vote in the United States in 2022. This amounted to approximately two percent of the total voting age population. The table below provides details for each state.[11]


Estimated number of disqualified people convicted of a felony by state, 2022
State Voting eligible population People convicted of a felony Disqualification rate
Alabama 3,709,180 318,681 8.59
Alaska 532,553 6,552 1.23
Arizona 5,049,926 256,636 5.08
Arkansas 2,219,479 81,658 3.68
California 25,774,911 97,328 0.38
Colorado 4,153,976 17,455 0.42
Connecticut 2,615,815 6,892 0.26
Delaware 723,159 7,721 1.07
Florida 15,296,734 1,150,944 7.52
Georgia 7,482,329 234,410 3.13
Hawaii 1,020,517 3,007 0.29
Idaho 1,255,411 27,485 2.19
Illinois 9,064,396 31,431 0.35
Indiana 4,933,505 25,801 0.52
Iowa 2,331,653 30,130 1.29
Kansas 2,097,052 19,026 0.91
Kentucky 3,362,354 152,727 4.54
Louisiana 3,467,869 52,073 1.50
Maine 1,070,612 0 0.00
Maryland 4,313,168 16,587 0.38
Massachusetts 5,030,986 7,769 0.15
Michigan 7,528,995 35,281 0.47
Minnesota 4,113,452 55,192 1.34
Mississippi 2,238,133 239,209 10.69
Missouri 4,630,115 82,782 1.79
Montana 823,797 4,223 0.51
Nebraska 1,373,561 17,960 1.31
Nevada 2,071,272 12,188 0.59
New Hampshire 1,065,299 2,524 0.24
New Jersey 6,156,380 13,999 0.23
New Mexico 1,511,406 17,572 1.16
New York 13,764,741 36,553 0.27
North Carolina 7,636,496 29,461 0.39
North Dakota 564,942 1,552 0.27
Ohio 8,855,290 47,010 0.53
Oklahoma 2,855,801 41,212 1.44
Oregon 3,108,030 13,302 0.43
Pennsylvania 9,778,957 42,976 0.44
Rhode Island 795,022 1,606 0.20
South Carolina 3,849,680 39,882 1.04
South Dakota 644,867 13,463 2.09
Tennessee 5,082,240 471,592 9.28
Texas 18,578,831 455,160 2.45
Utah 2,082,893 6,238 0.30
Vermont 497,391 0 0.00
Virginia 6,198,540 312,540 5.04
Washington 5,344,645 17,001 0.32
West Virginia 1,428,525 14,215 1.00
Wisconsin 4,392,490 65,394 1.49
Wyoming 435,357 10,306 2.37
U.S. Total 232,912,733 4,644,708 1.99
Source: The Sentencing Project, "Locked Out 2022: Estimates of People Denied Voting Rights," October 25, 2022

Support and opposition

Whether voting rights should be automatically restored to people convicted of a felony and whether those people 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 people convicted of a felony, for detailed support and opposition arguments from a variety of sources.


Arguments for and against automatic restoration of voting rights for people convicted of a felony
Support Opposition
"State felony disenfranchisement laws keep millions of Americans from voting. These laws aren’t just anti-democratic — they send the message that the voices of individuals returning to their communities don’t count. And these voting bans disproportionately affect Black Americans."

- The Brennan Center for Justice (2023)[12]
 "We must ask ourselves if citizens who have no respect for the laws of the land should have a hand in their authorship. There is an assumption or at least an aspiration that the right to vote would be the happy providence of the moral and responsible, the sober-minded and the thoughtful. We do not let 7-year-olds pull the lever and we don’t (for the most part) allow non-citizens to participate in our democracy."

- Editorial staff, The Boston Herald (2019)[13]


The following quotes summarize arguments for and against allowing people convicted of felonies to vote while incarcerated. See our page, Arguments for and against allowing people convicted of a felony to vote while incarcerated, for detailed support and opposition arguments from a variety of sources.


Arguments for and against allowing people convicted of a felony to vote while incarcerated
Support Opposition
“This is a democracy and we have got to expand that democracy, and I believe every single person does have the right to vote. Yes, even for terrible people, because once you start chipping away and you say, ‘Well, that guy committed a terrible crime, not going to let him vote. Well, that person did that. Not going to let that person vote,’ you’re running down a slippery slope. So I believe people commit crimes and they paid the price and they have the right to vote. I believe even if they’re in jail they’re paying their price to society but that should not take away their inherent American right to participate in our democracy.”

- U.S. Senator Bernie Sanders (D-Vermont) (2019)[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]


Noteworthy events

Changes to voting rules for people convicted of a felony

Mississippi (2023)

On August 4, 2023, a three-judge panel of 5th U.S. Circuit Court of Appeals declared Mississippi's lifetime voting ban for people convicted of a felony unconstitutional, ruling that it violated the Eighth Amendment to the United States Constitution’s prohibition on cruel and unusual punishment.[16]

In response, Mississippi filed an en banc petition on August 18. In September, the Fifth Circuit agreed to hear this appeal, vacating its earlier ruling declaring voter disqualification for people convicted of a felony unconstitutional.[17][18] Oral arguments in the case began on January 23, 2024.[19]

Under section Article 12, Section 241 of the state's constitution, Mississippians convicted of one of the following felony offenses were permanently disqualified from voting: murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy. People convicted of other felony offenses automatically regained their voting rights upon completion of their sentence.[20][16]

In 2018, a group of Mississippians who had lost their right to vote under Section 241 filed a class action lawsuit in the Northern U.S. District Court of Mississippi alleging that the state's practice of permanently disenfranchising people convicted of certain felonies violated the U.S. Constitution. The court disagreed and decided to uphold Sections 241 and 253 of Mississippi's constitution. (Section 253 required people convicted of disqualifying felonies to individually request voting rights restoration and receive a two-thirds majority vote in both houses of the state legislature.) The plaintiffs appealed to the U.S. Court of Appeals for the Fifth Circuit.[16][21]

New Mexico (2023)

Governor Michelle Lujan Grisham (D) signed House Bill 4 into law on March 30, 2023. Proponents of the law referred to it as the New Mexico Voting Rights Act. HB4 made several changes to the state's election rules. HB4 automatically restored the right to vote for people convicted of a felony immediately after completion of their prison time. In the past, New Mexico restored voting rights to people convicted of a felony after completion of their entire sentence, including prison, probation, and parole.

Virginia (2023)

On March 22, 2023, Governor Glenn Youngkin (R) indicated in a statement that he would not continue the policy of automatically restoring voting rights to people convicted of a felony upon completion of their sentence. The state's constitution does not provide for automatic restoration, but two former governors Terry McAuliffe (D) and Ralph Northam (D) used their authority to enact the policy.

This change means that people convicted of a felony will be required to request voting rights restoration by submitting an application for a pardon to the governor's office. These applications will be considered on a case-by-case basis, and decisions will be left to the governor's discretion.


Minnesota (2022-2023)

On March 3, 2023, Governor Tim Walz (D) signed House File 28 into law, restoring voting rights to approximately 50,000 Minnesotans who have been convicted of a felony upon completion of their incarceration. After signing, Walz said, “Minnesotans who have completed time for their offenses and are living, working, and raising families in their communities deserve the right to vote.”

On February 15, 2023, the Minnesota Supreme Court ruled that the right to vote is not guaranteed to people convicted of a felony in the state’s constitution and noted that the state legislature had the power to address the issue. The case involved four people who had been convicted of a felony and completed their sentences, but were still denied the right to vote because they were on probation, parole, or supervised release.


Florida (2018)

See also: Florida Amendment 4, Voting Rights Restoration for Felons Initiative (2018)

On November 6, 2018, Florida voters approved an initiated constitutional amendment automatically restoring the right to vote for people 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, people convicted of a felony in Florida could not automatically regain the right to vote; instead, a state board was able to restore voting rights on an individual basis.

Voting rights for people convicted of a felony legislation

The table below lists bills related to voting rights for people convicted of a felony introduced during, or carried over to each state's regular legislative session this year. The following information is included for each bill:

  • State
  • Bill number
  • Official name or caption
  • Most recent action date
  • Legislative status
  • Topics dealt with by the bill

Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, simply click the bill number. This will open a separate page with additional information.

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See also

External links

Footnotes

  1. ↑ 1.0 1.1 National Conference of State Legislatures, "Felon Voting Rights," March 7, 2023
  2. ↑ 2.0 2.1 American Civil Liberties Union, "State Criminal Re-enfranchisement Laws," accessed March 20, 2023
  3. ↑ 3.0 3.1 Brennan Center for Justice, "Restoring the Right to Vote by State," accessed March 20, 2023
  4. ↑ 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
  5. ↑ Kentucky Governor, "Related to the Restoration of Civil Rights for Convicted Felons," December 12, 2019
  6. ↑ LegiScan, "Louisiana House Bill 265," accessed December 12, 2019
  7. ↑ Democracy Docket, "The New Mexico Voting Rights Act Unpacked," March 22, 2023
  8. ↑ The Washington Post, "McDonnell to expedite rights restoration process for non-violent felons in Virginia," May 29, 2013
  9. ↑ Bolts, "'Back to 1902': Virginia Governor Revives Lifetime Ban on Voting," March 28, 2023
  10. ↑ Democracy Docket, "Virginia Governor Pauses Automatic Voting Rights Restoration," March 28, 2023
  11. ↑ The Sentencing Project, "Locked Out 2022: Estimates of People Denied Voting Rights," October 25, 2022
  12. ↑ The Brennan Center for Justice, "Voting Rights Restoration," accessed December 5, 2023
  13. ↑ The Boston Herald, "No, Bernie, Felons Should Not Vote," April 24, 2019
  14. ↑ CNN Politics, "Sanders says the right to vote should be extended ‘even for terrible people’ like Boston Marathon bomber," April 22, 2019
  15. ↑ The Heritage Foundation, "Allowing Felons to Vote While Incarcerated Is Reckless," October 15, 2019
  16. ↑ 16.0 16.1 16.2 NPR, "An appeals court blocks Mississippi's permanent ban on voting after certain felonies," August 4, 2023
  17. ↑ Magnolia Tribune, "Fifth Circuit panel overturns Mississippi felon voting ban, AG to seek review of decision by full court," August 8, 2023
  18. ↑ Bolts Magazine, "After 'Glimmer of a Moment,' Mississippi Once Again Shuts Out Aspiring Voters," October 27, 2023
  19. ↑ Democracy Docket, "Full 5th Circuit Rehears Challenge to Mississippi’s Jim Crow-Era Felony Disenfranchisement Law," January 23, 2024
  20. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named guide
  21. ↑ Democracy Docket, "5th Circuit Strikes Down Mississippi’s Jim Crow Era Felony Disenfranchisement Provision," August 4, 2023
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