Can People Convicted of a Felony Vote in the United States?
Voter ID rules and requirements can be confusing to navigate. VoteRiders is here to help! This post is part of our series addressing some of the most common questions and challenges related to voter ID laws.
Felon disenfranchisement — which is the legal practice of restricting or revoking the voting rights of individuals who have been convicted of felony crimes — is often a confusing topic.
In the United States, some citizens convicted of felonies — depending on the nature of the sentence — can lose their right to vote. In some states, those who have committed a felony lose their right to vote for a specific amount of time. In others, they lose their right to vote permanently.
In this blog post, we’ll cover everything you need to know about the voting rights of those convicted of a felony, including covering questions and topics like:
➜ Can a person with a felony conviction vote?
➜ In what states can a person convicted of a felony vote?
➜ In what states can a person convicted of a felony not vote?
➜ Restoration of voting rights for persons convicted of a felony
➜ Do persons convicted of a felony need to provide additional or different forms of identification to vote?
➜ How can I obtain an ID for voting as a person convicted of a felony?
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Can a person convicted of a felony vote?
Voting rights for people who have been convicted of a felony vary by state. Some states have stricter policies that permanently disenfranchise citizens with felony convictions, while others may offer more lenient laws and voter restoration policies.
In what states can a person convicted of a felony vote?
In order to find out if a person convicted of a felony is eligible to vote, it’s important to assess the rules and laws of the state where you are voting.
In general, state felony disenfranchisement laws fall into a few specific categories:
➜ States where citizens can vote while incarcerated: in some states, people who are incarcerated never lose their right to vote. These states include DC, Maine, and Vermont.
➜ States that restore voting rights after release: Many states restore voting rights to individuals upon release from incarceration or completion of their parole and probation periods.
The specific conditions and requirements vary:
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- Vote Restored after Prison, Parole, and Probation – example states: Alaska, Arkansas, Georgia
- Vote Restored after Prison and Parole – example state: Louisiana
- Vote Restored after Prison – example state: California, Colorado, Connecticut
In what states can a person convicted of a felony not vote?
Though many states have voter restoration laws, and allow persons with felony convictions to vote while incarcerated, some states permanently revoke an individual with a felony conviction’s right to vote.
➜ States with permanent felony disenfranchisement: In some states, individuals convicted of felonies lose their right to vote indefinitely. These states include Alabama, Delaware.
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Restoration of voting rights for people convicted of a felony
The restoration of voting rights for persons convicted of a felony varies by state.
However, in general, most states that allow restoration of voting rights either require that:
➜ Citizens complete their sentence before they can begin the voting restoration process.
or
➜ Citizens complete their sentence and complete either parole and/or probation (depending on the state) before having their voting rights restored.
Given that each state differs when it comes to voter restoration, it’s important to note that voter restoration is usually only valid in the state where you were incarcerated/live.
If you move from the state where you were incarcerated, you may have to complete a separate voter registration and restoration process in your new home state.
Variations in state laws
➜ Automatic voter restoration: In some states (like Maryland), voting restoration is automatic once an individual completes the state’s requirements (upon release from prison, for example).
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- In some states, automatic restoration happens after a certain period of time. In Nebraska, for example, people convicted of a felony are automatically permitted to vote two years after they complete their sentence of incarceration, parole, and probation.
➜ Application-based restoration: In some jurisdictions, a person with a felony conviction must apply to have their voting rights restored after completing their sentence. This process typically involves filling out an application or petition. It may also require certain conditions to be met, such as a waiting period or payment of fines and restitution. The state of Florida is an example of this process.
➜ Limited restoration: In some cases, the restoration of voting rights may be limited to certain types of crimes or exclude citizens convicted of specific offenses.
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- First-time or repeat convictions: In some states, restoration depends on whether an individual is a first-time or repeat offender. For example: In Arizona, voting rights are automatically restored after you complete your sentence and pay all fines related to your first felony conviction. If you are convicted of another felony, you will need to apply for restoration after completing your sentence.
- Violent vs. non-violent crimes: In some states, restoration depends on whether the felony was a violent crime vs. a non-violent crime. For example: , in Kentucky, people convicted of nonviolent felonies who have completed probation, parole, and have no outstanding court-ordered restitution payments are restored the right to vote. Those convicted of violent felonies can not have their votes restored.
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- First-time or repeat convictions: In some states, restoration depends on whether an individual is a first-time or repeat offender. For example: In Arizona, voting rights are automatically restored after you complete your sentence and pay all fines related to your first felony conviction. If you are convicted of another felony, you will need to apply for restoration after completing your sentence.
Do citizens convicted of a felony need to provide additional or different forms of identification to vote?
Voter ID laws vary by state, so be sure to check your state’s laws to find out what kinds of documentation are needed to register and vote.
Voter ID laws do not differ for persons convicted of a felony compared to those that have not been convicted of a felony. However, returning citizens may face additional challenges in obtaining the ID they need to successfully cast a ballot.
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Wrapping it up: Can people convicted of a felony vote in the United States?
It’s crucial for voters, including citizens convicted of a felony, to be aware of their state’s specific voting requirements and identification rules. Voting laws and procedures can change over time, so it’s essential to consult official state election websites or local election offices to get the most up-to-date information.
VoteRiders frequently works with returning citizens to help them obtain the ID they need to register and vote in their state – all for free. Have you or someone you know been convicted of a felony and now need help obtaining or updating your ID to vote? VoteRiders can help!
