If You Have a Felony Can You Vote

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Restoration of Voting Rights for Felons

It has been common practice in the United States to brand felons ineligible to vote, in some cases permanently. Over the last few decades, the full general tendency has been toward reinstating the right to vote at some point, although this is a country-by-state policy choice. (Encounter Recent Country Action beneath for a chronology.)

Currently, country approaches to felon disenfranchisement vary tremendously. NCSL has divided states into four categories, every bit detailed in Table one beneath.

In all cases, "automatic restoration" does not hateful that voter registration is automatic. Typically prison officials automatically inform election officials that an individual'due south rights have been restored. The person is then responsible for re-registering through normal processes. Some states, California is ane case, require that voter registration information exist provided to formerly incarcerated people.

In summary:

• In the District of Columbia, Maine and Vermont, felons never lose their right to vote, even while they are incarcerated.
• In 21 states, felons lose their voting rights but while incarcerated, and receive automatic restoration upon release.
• In 16 states, felons lose their voting rights during incarceration, and for a flow of time subsequently, typically while on parole and/or probation. Voting rights are automatically restored after this time period. Former felons may also take to pay any outstanding fines, fees or restitution before their rights are restored besides.
• In eleven states felons lose their voting rights indefinitely for some crimes, or require a governor's pardon in order for voting rights to be restored, face an additional waiting period after completion of sentence (including parole and probation) or require boosted activeness before voting rights can be restored. These states are listed in the fourth category on Table 1. Details on these states are found in Table 2 beneath.

Table I: Restoration of Voting Rights After Felony Convictions

Never Lose Right to Vote	Lost Simply While Incarcerated | Automatic Restoration Later on Release	Lost Until Completion of Sentence (Parole and/or Probation) | Automatic Restoration After	Lost Until Completion of Judgement | In Some States a Post-Sentencing Waiting Catamenia | Boosted Action Required for Restoration (ane)
District of Columbia	California	Alaska	Alabama
Maine	Colorado	Arkansas	Arizona
Vermont	Connecticut	Georgia	Delaware
	Hawaii	Idaho	Florida (3)
	Illinois	Kansas	Iowa
	Indiana	Louisiana	Kentucky
	Maryland (2)	Minnesota	Mississippi
	Massachusetts	Missouri	Nebraska
	Michigan	New Mexico	Tennessee
	Montana	Due north Carolina	Virginia
	Nevada	Oklahoma	Wyoming
	New Hampshire	Southward Carolina
	New Bailiwick of jersey	Southward Dakota
	New York	Texas
	North Dakota	Due west Virginia
	Ohio	Wisconsin
	Oregon
	Pennsylvania
	Rhode Isle
	Utah
	Washington

(i) Details on the process for restoration of rights is included in Tabular array ii below.

(2) In Maryland, convictions for buying or selling votes can only be restored through pardon.

(3) An initiated constitutional subpoena in 2022 restored the correct to vote for those with prior felony convictions, except those convicted of murder or a felony sexual offense, who must still petition the governor for restoration of voting rights on a case by case basis. In July 2019, SB 7066 was signed by the governor of Florida which defined "completion of sentence" to include: release from imprisonment, termination of  any ordered probation, fulfillment of any terms ordered by the courts, termination of any ordered supervision, full payment of any ordered restitution and the full payment of whatever ordered fines, fees or costs.

Table Two: Details on Policies for Restoration of Rights

Country	Details on Policies for Restoration of Rights
Alabama	The Alabama Constitution states that "No person bedevilled of a felony involving moral turpitude, or who is mentally incompetent, shall exist qualified to vote until restoration of ceremonious and political rights or removal of disability" (Ala. Const. Fine art. Eight, § 177). Before 2022 in that location was no comprehensive listing of felonies that involve moral turpitude which would disqualify a person from voting. In 2017, HB 282 defined which crimes fit this category (Ala. Code § 17-3-thirty.i).
Arizona	A conviction for a felony suspends the rights of the person to vote (A.R.S. § 13-904) unless they have been restored to civil rights (Ariz. Const. Art. 7 § 2). First-time offenders have rights restored upon completion of probation and payment of any fine or restitution (A.R.S. § 13-912). A person who has been convicted of two or more than felonies may have civil rights restored by the judge who discharges him at the terminate of the term of probation or by applying to the court for restoration of rights (A.R.S. § thirteen-905).
Delaware	People who are convicted of disqualifying felonies (murder, bribery, sexual offenses) are permanently disenfranchised. Those disqualified as a voter considering of another type of felony shall accept the disqualification removed upon beingness pardoned or subsequently the expiration of the judgement, whichever comes get-go (Del. Const., Fine art. v, § ii). In 2022 (HB 10) Delaware removed its five-yr waiting period, assuasive those convicted of not-disqualifying offenses to vote upon completion of sentence and supervision.
Florida	Felons must have completed all terms of sentence, which includes probation and parole, and must pay any oustanding fines or fees before they can get their voting rights restored (Flor. Stat. §98.0751).
Iowa	A person convicted of any infamous crime shall not be entitled to the privilege of an elector (Iowa Const. Art. two, § 5). In 2022 the Iowa Supreme Courtroom upheld the ban on felon voting, finding that all felonies are "infamous crimes" resulting in permanent disenfranchisement (Griffin five. Pate, 2016). The ability of the governor to restore voting rights to persons convicted of infamous crimes through pardoning power was upheld in State v. Richardson, 2017. In 2005 Governor Tom Vilsack restored voting rights to individuals with former felony convictions via executive order. Governor Terry Branstad reversed this executive society in 2011.
Kentucky	"Persons convicted of treason, or felony, or bribery in an ballot, or of such high misdemeanor as the Full general Assembly may declare shall operate as an exclusion from the right of suffrage, but persons hereby excluded may be restored to their civil rights by executive pardon" (KY Const. § 145). Governor Steve Beshear restored voting rights to individuals with erstwhile non-tearing felony convictions via executive society in 2015. Governor Matt Bevin reversed this executive order soon later on taking office in 2015. The Department of Corrections is required to promulgate administrative regulations for restoration of ceremonious rights to eligible felony offenders (KRS §196.045).
Mississippi	"A person convicted of murder, rape, bribery, theft, arson, obtaining coin or goods under false pretense, perjury, forgery, embezzlement or bigamy is no longer considered a qualified elector" (Miss. Const. Art. 12, § 241). If an individual hasn't committed i of these offenses, rights are automatically restored. If an individual has been bedevilled of one of these, he or she tin nevertheless receive a pardon from the governor to restore voting rights (Miss. Code Ann. § 47-7-41) or past a 2-thirds vote of both houses of the legislature (Miss. Const. Art. 12, § 253).
Nebraska	In felony cases, there is a two-yr waiting period after completion of probation for the restoration of voting rights (Pecker. Rev. St. § 29-2264).
Tennessee	The Tennessee Constitution denies the right to vote persons convicted of an infamous offense (Tenn. Const. Art. 1, § 5). Any felony is considered an "infamous crime" and disqualifies a person from exercising the right of suffrage (T.C.A. § 40-twenty-112). Those bedevilled of infamous crimes may petition for restoration upon completion of the sentence or be pardoned by the governor (T.C.A. § 40-29-101, § 2-19-143). Proof of restoration is needed in social club to register to vote (T.C.A. § two-2-139).
Virginia	No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority (VA Const. Art. ii, § one). The Department of Corrections is required to provide persons convicted of felonies with data regarding voting rights restoration, and assist with the procedure established past the governor for the review of applications (VA Code Ann. § 53.i-231.1 et seq.). Individuals with felony convictions may petition the courts in an endeavor to restore their voting rights (VA Code Ann. § 53.1-231.2). In 2016, Virginia Governor Terry McAuliffe appear an executive order automatically restoring voting rights to convicted felons who accept completed their prison house sentence and their term of supervised release (parole or probation) as of Apr 22, 2016. The Virginia Supreme Court subsequently ruled that rights restoration needs to take place on an private ground, rather than en masse.
Wyoming	A person convicted of a felony is not a qualified elector unless his rights are restored (W.S. § 6-10-106). For persons bedevilled of nonviolent felonies or a commencement-fourth dimension offender, rights are restored automatically (Westward.Southward. § vii-xiii-105). Persons who do not meet the above qualifications must be pardoned (Due west.S. § vi-x-106).

Recent State Deportment

• In 2021, Connecticut passed SB 1202 restoring voting rights to citizens on parole.
• In 2021, New York passed SB 830 restoring voting rights to citizens on parole.
• In 2021, Washington passed HB 1078 restoring voting rights to citizens on parole.
• In 2020, California voters passed Suggestion 17 restoring voting rights to citizens on parole.
• In 2020, Washington, D.C., passed B 825 and joined Maine and Vermont in assuasive bedevilled felons to vote while incarcerated.
• In 2020, Iowa Governor Kim Reynolds issued an executive guild restoring the voting rights of felons who accept served their sentences. Information technology excludes sure categories of homicide and sexual corruption crimes from automated restoration. The order does not condition restoration of rights on the payment of fines, fees or restitution to victims.
• In 2020, New Jersey enacted AB 5823, restoring the right to vote to people with a felony conviction upon release from prison house and allowing people on parole or probation to vote.
• In 2019, Nevada enacted AB 431, restoring the right to vote to anyone convicted of felony upon release from prison. Previous to this legislation, first-time, non-violent offenders could take rights restored upon completion of judgement simply those that had committed a tearing crime or 2 or more felonies had to petition a courtroom to grant the restoration of civil rights.
• In 2019, Colorado enacted HB 1266 giving voting rights to individuals on parole, putting it in the category of states that only disenfranchise those who are in prison.
• In 2019, Washington enacted SB 5207 requiring that inmates are notified in writing of the process for restoration of voting rights before leaving the authorization of the department of corrections.
• In 2019, Illinois enacted SB 2090 to require election authorities in a county with a population over 3 million to interact with the chief canton jail where eligible voters are bars or detained to facilitate an opportunity for voting by post for eligible voters. Illinois too enacted HB 2541 requiring the departments of corrections and juvenile justice to provide nonpartisan peer-led civics programs throughout the correctional institutions on voting rights, governmental institutions, electric current affairs, and simulations of voter registration, election and democratic processes.
• In 2019, Oklahoma HB 2253 antiseptic that persons bedevilled of a felony shall exist "eligible to register to vote when they have fully served their judgement of court-mandated calendar days, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by the courtroom."
• In July 2019, SB 7066 was signed by the governor of Florida which defined "completion of sentence" to include: release from imprisonment, termination of  any ordered probation, fulfillment of whatever terms ordered past the courts, termination of any ordered supervision, full payment of any ordered restitution and the total payment of any ordered fines, fees or costs.
• In 2018, Florida passed a citizen-initiated ramble amendment to automatically restore the voting rights of felons after completion of their sentences (including parole and probation). Those bedevilled of murder or a felony sexual law-breaking must withal employ to the governor for voting rights restoration on a instance by example basis. Before the amendment, anyone convicted of a felony had to have voting rights restored by a total pardon, conditional pardon, or restoration of civil rights past the governor. The Executive Clemency Board set up the rules for restoration of civil rights, which at the time the amendment passed, included a five- or seven-year waiting period and a list of crimes for which an private could never utilize for rights restoration.
• In 2018, Colorado SB 150 permitted an private on parole, who is otherwise eligible, to pre-register to vote. When the secretarial assistant of state receives notification that the private has been released from parole, he/she is then registered to vote.
• In 2018, New York Governor Andrew Cuomo issued an executive guild removing the brake on parolees voting. New York already allows those on probation to vote. The society may be challenged in courtroom.
• In 2017, Alabama HB 282 provided a list of felonies that involve "moral turpitude" that disqualify a person from exercising his or her right to vote. Previously at that place was no comprehensive, authoritative source for defining a disenfranchising crime in Alabama.
• In 2017, Wyoming enacted HB75 automatically restoring the rights of nonviolent felons.
• In 2017, Louisiana enacted HB 168 improving reporting requirements between The Department of Public Safety and Corrections and the Department of State.
• In 2016, California passed legislation allowing those in county jails to vote while incarcerated, but non state or federal prison. In 2022 California passed additional legislation requiring information be provided about voting rights restoration on the net and in person to felons exiting prison.
• In 2016, Virginia Governor Terry McAuliffe announced an executive order automatically restoring voting rights to convicted felons who have completed their prison house sentence and their term of supervised release (parole or probation) as of April 22. This conclusion was a source of contention with the legislature. In July 2016, the Virginia Supreme Court overturned the social club.
• In 2016, Maryland'due south legislature enacted HB 980 and SB 340 (overriding a veto) and then that voting rights are automatically restored after completion of the term of incarceration.
• In 2015, outgoing Kentucky Governor Steve Beshear signed an executive order to automatically restore the right to vote (and to hold public role) to certain offenders, excluding those who were convicted of violent crimes, sex activity crimes, blackmail, or treason. The order was reversed by incoming Governor Matt Bevin.
• In 2015, Wyoming enacted HB fifteen requiring the section of corrections to issue a certification of the restoration of voting rights to certain non-violent felons later on completion of sentence.
• In 2013, Delaware eliminated the five-twelvemonth waiting period before voting rights are restored.
• In 2013, Virginia Governor McDonnell signed an executive order creating new rights restoration processes for persons with prior felony convictions.
• In 2012, South Dakota mandated that felons on probation would not have voting rights restored. Previously, only felons on parole or incarcerated had their voting rights suspended.
• In 2011, the Florida Lath of Executive Clemency (comprised of the governor and three cabinet members) reversed a 2007 policy alter that automatically restored voting rights to non-violent offenders upon the completion of their sentence. The new policy requires that all ex-felons wait between five and seven years depending on the crime before applying to regain voting rights.
• In Iowa, the governor in 2022 reversed an executive order issued in 2005 under the previous governor. The 2005 order automatically restored the voting rights of all ex-felons, but under the 2022 order, they will now have to use to regain rights.
• In 2022 in Tennessee, HB 1117 was enacted, calculation to the list of felons who are not eligible for automatic restoration.
• In 2009, Washington restored the correct to vote to felons who completed their sentences, while requiring them to re-register to vote.

Betwixt 1996 and 2008, 28 states passed new laws on felon voting rights.

• Seven repealed lifetime disenfranchisement laws, at least for some ex-offenders.
• Two gave probationers the right to vote.
• 7 improved data-sharing procedures among country agencies.
• Nine passed requirements that ex-offenders exist given data and/or aid in regaining their voting rights at the time they consummate their sentence.
• Twelve simplified the procedure for regaining voting rights, for instance, by eliminating a waiting menstruation or streamlining the paperwork procedure.

Additional Resource

For more detailed information on state legislation dealing with the voting rights of bedevilled felons, visit NCSL's 2011-current Ballot Legislation Database and select the subtopic "Voters-Felon Voting Rights." For legislation from the period 2001-2010, visit NCSL'south 2001-2010 Election Legislation Database.

• If you're looking for information on how you or someone else can regain the right to vote, NCSL is unable to help with or offer advice on this process. We advise that you contact election officials in the appropriate jurisdiction to get the most electric current and accurate data available.
• If you're seeking general data on state policies regarding felon voting rights, please contact NCSL's elections team for more information by email or at 303-364-7700.
• The Sentencing Project is an advocacy group that offers information on felon disenfranchisement in the states. Its page Felony Disenfranchisement: A Primer contains a land-by-state chronology of state action on felony disenfranchisement laws since 1997.
• The Restoration of Rights Projection, from the National Association of Criminal Defense Lawyers, also provides assistance on felon disenfranchisement.

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Source: https://www.ncsl.org/research/elections-and-campaigns/felon-voting-rights.aspx

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