Felony disenfranchisement in the United States facts for kids
Felony disenfranchisement in the United States is the suspension or withdrawal of voting rights due to the conviction of a criminal offense. The actual class of crimes that results in disenfranchisement vary between jurisdictions, but most commonly classed as felonies, or may be based on a certain period of incarceration or other penalty. In some jurisdictions disfranchisement is permanent, while in others suffrage is restored after a person has served a sentence, or completed parole or probation. Felony disenfranchisement is one among the collateral consequences of criminal conviction and the loss of rights due to conviction for criminal offense. In 2016, 6.1 million individuals were disenfranchised on account of a conviction, 2.47% of voting-age citizens. As of October 2020, it was estimated that 5.1 million voting-age US citizens were disenfranchised for the 2020 presidential election on account of a felony conviction, 1 in 44 citizens. As suffrage rights are generally bestowed by state law, state felony disenfranchisement laws also apply to elections to federal offices.
Proponents have argued that persons who commit felonies have broken the social contract, and have thereby given up their right to participate in a civil society. Some argue that felons have shown poor judgment, and that they should therefore not have a voice in the political decision-making process. Opponents have argued that such disfranchisement restricts and conflicts with principles of universal suffrage. It can affect civic and communal participation in general. Opponents argue that felony disenfranchisement can create political incentives to skew criminal law in favor of disproportionately targeting groups who are political opponents of those who hold power.
Contents
Classifications
Restoration of voting rights for people who are ex-offenders varies across the United States. Primary classification of voting rights include:
No disenfranchisement
Two states, Maine and Vermont, as well as the District of Columbia, have unrestricted voting rights for people who are felons. They allow the person to vote during incarceration, via absentee ballot, and have no specific restrictions upon completion of their sentence.
Ends after release
In 21 states, disenfranchisement ends after incarceration is complete: California, Colorado, Connecticut, Hawaii, Illinois, Indiana, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, and Washington.
Ends after probation
Sixteen states require not only that incarceration/parole if any be complete but also that any probation sentence (which is often an alternative to incarceration) be complete: Alaska, Arkansas, Georgia, Idaho, Kansas, Louisiana, Minnesota, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, South Dakota, Texas, West Virginia (the prosecutor can request the court to revoke voting rights if financial obligations are unmet), and Wisconsin.
Circumstantial
Nine states have laws that relate disenfranchisement to the detail of the crime. These laws restore voting rights to some offenders on the completion of incarceration, parole, and probation. Other offenders must make an individual petition that could be denied.
- Alabama – A person convicted of a felony loses the ability to vote if the felony involves moral turpitude. Prior to 2017, the state Attorney General and courts have decided this for individual crimes; however, in 2017, moral turpitude was defined by House Bill 282 of 2017, signed into law by Kay Ivey on May 24, to constitute 47 specific offenses. If a convicted person loses the ability to vote based on having committed a defined act of moral turpitude, he can petition to have it restored by a pardon or by a certificate of eligibility; if the loss of elective franchise was based on a crime not under moral turpitude, eligibility to vote is automatically restored once all sentence conditions have been satisfied. Prior to 2017, a person convicted of a number of crimes having to do with assault or abuse was ineligible to receive a certificate of eligibility; today, only impeachment and treason remain ineligible for a certificate of eligibility.
- Arizona – Rights are restored to first-time felony offenders. Others must petition.
- Delaware – The following crimes require a pardon: murder or manslaughter (except vehicular homicide), an offense against public administration involving bribery or improper influence or abuse of office anywhere in the US. All other convicted felons regain the right to vote after completion of the full sentence.
- Florida – A convicted person permanently loses suffrage if their crime was murder. In January 2019, the lifetime voting ban was lifted for those convicted of lesser crimes upon completion of sentence, including prison, parole, and probation. A law in June 2019 provides that a sentence is not completed until all fines, fees and restitution have been paid.
- Iowa – A person convicted of any "infamous crime" shall not be eligible to vote again in their lifetime under Article II, Section 5 of Iowa's state constitution. The Iowa Supreme Court has interpreted this mean any felony conviction, but the governor also has the authority under Article IV, Section 16 to restore any citizenship rights lost upon conviction, including right to vote. On August 5, 2020, Governor Kim Reynolds signed an executive order to restore the right to vote to convicts upon release from their sentence.
- Mississippi – A convicted person loses suffrage for numerous crimes identified in the state constitution, Section 241 (see note). The list is given below. Suffrage can be restored to an individual by a two-thirds vote of both houses of the legislature. The crimes that disqualify a person from voting are given in Section 241 of the state constitution as: murder, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy.
- Nebraska – A convicted person permanently loses suffrage if they are convicted of treason; voting rights for all other offenders are restored two years after completion of incarceration, parole, or probation.
- Tennessee – A person who is convicted of certain felonies may not regain voting rights except through pardon. These include: murder, treason, and voting fraud. For a person convicted of a lesser felony, disenfranchisement ends after terms of incarceration, completion of parole, and completion of probation. In addition, the person must pay "Any court order restitution paid; current in the payment of any child support obligations; and/or Any court ordered court costs paid". The ex-offender must either obtain a court order restoring their right to vote or complete the certificate of restoration of voting rights.
- Wyoming – Since July 1, 2017, non-violent felons have had their suffrage restored upon completion of their sentence including parole and probation. Non-violent felons who completed their sentence before January 1, 2010 or those convicted out of state must submit a written request to the department of corrections who will determine if their sentence was completed before restoring their voting rights.
Individual petitions required
Two states require felons to petition to the court for restoration of voting after all offenses.
