As a Convicted Felon, Can I Vote in November?

Question:

Can someone convicted of a felony vote in the upcoming presidential election?

  • Most states bar a convicted felon from voting while s/he serves time in prison

  • Only three jurisdictions, D.C., Maine, and Vermont, do not disenfranchise citizens convicted of a felony

  • A majority of state automatically restore voting rights to individuals once released from prison or after completing all their sentence terms (e.g., parole, probation, payment of fees/restitution)

  • Voting rights are not automatically restored in six states; individuals in these states must satisfy additional conditions before their rights are restored

The short answer: It depends on where you live. The long answer: Keep reading ….  

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Felony Voter Disenfranchisement is the American Way

No other country in the world comes close to this country’s long-held practice of restricting the voting rights of individuals convicted of a felony.

According to a 2022 report by The Sentencing Project, an estimated 4.4 million U.S. citizens have lost their right to vote due to a felony conviction. That equates to one out of 50 adults – 2% of the eligible U.S. voting population.

Not surprisingly, due to the racial bias in our criminal “justice” system, African American adults are disenfranchised at a significantly greater rate: 5.3 percent compared to 1.5 percent for the rest of the population.

A Hodgepodge of State Voting Laws

When I first researched felony disenfranchisement laws I recall being surprised that Iowa -- a midwestern state -- does not automatically restore voting rights to convicted felons. Fortunately, Iowa represents the minority position (of states).

On the other end of the spectrum, if you live in the District of Columbia, Maine or Vermont, you never lose your right to vote due to a felony conviction. 

In a majority of states, however, a felony conviction removes the right to vote for at least some period of time.

Federal versus State Prosecution

As a general rule, it doesn’t matter if the felony is a federal or state law crime. That is, with the exception of three states. In California and Mississippi, people never lose their right to vote due to a federal felony conviction. Alabama’s disenfranchisement rules turn on the nature of the federal crime.

State versus Out-of-State Crimes

Likewise, states typically don’t distinguish between in-state and out-of-state felonies. That said, one never loses the right to vote for an out-of-state conviction in California and Mississippi. In Alabama, it again depends on the crime.

The Sentence Matters (Prison v. Probation)

In a majority of states, a U.S. citizen only loses his/her right to vote if sentenced to prison.  However, in a subset of states (12), a felony conviction takes away the right to vote regardless of the punishment.

In two states, Missouri and Kentucky, even a misdemeanor conviction takes away the right to vote, provided one is sentenced to jail. Upon release, voting rights are automatically reinstated.

For those detained in jail but whose guilt or innocence has yet to be decided, whether detainees get to vote depends on if the state has procedures in place to do so. For example, Illinoisans have a statutory right to vote by mail only if jailed in Cook County.

Voting Rights Restoration

In 23 states voting rights are automatically restored upon one’s release from prison (or probation). Illinois, Indiana, Michigan, Minnesota, and Wisconsin are among the midwestern states that fall into this category.

In 15 states voting rights are only restored after someone completes all the requirements of their sentence -- be that parole, probation, payment of court costs/fines/restitution.

Many may recall the legislative backlash that occurred in Florida after voters passed a citizen-initiated constitutional amendment in 2018 -- to automatically restore voting rights upon release from prison.

The next year, Gov. Ron DeSantis amended the provision, requiring payment of all outstanding court costs/fees and restitution before the right to vote can be restored. This resulted in the arrest of many unsuspecting individuals, accused of registering to vote without paying off their debts. In most cases, these individuals were either unaware of the requirement or didn’t know they owed money.

Restoring Voter Rights in States That Impose Other Hurdles

Fortunately, only six states impose additional conditions to restoring the right to vote. Aside from Iowa, they include: Kentucky, Mississippi, Tennessee, Virginia, and Wyoming. These states often impose a combination of conditions: a waiting period, a petition to restore voting rights or a gubernatorial pardon.

For more detailed information on these state-specific rules, download the Civil Rights Division of the U.S. Department of Justice’s 2023 voter’s guide.

Moved? Don’t Register to Vote Without Checking State Law

Earlier this year I helped a client seal his Illinois felony convictions. The client mentioned that he was in the process of relocating to Tennessee.

I immediately pointed out that his felony record might bar him from voting there. I contacted the state’s voting authority and learned that my client would have to file a petition to restore his voting rights in state court. The individual I spoke with advised me that my client would not have any problem getting his voting rights restored on account of the age and nature of his cases (non-violent). 

Conclusion

In the U.S. we take our right to vote for granted – at least until that right is taken away.

If you know someone who believes s/he does not have the right to vote, please share this article with them. Come November 5th, no one should sit out this election based on the flawed assumption they aren’t eligible to vote.

 

Ina Silvergleid