Felony disenfranchisement in the United States facts for kids
Felony disenfranchisement in the United States is when someone loses their right to vote because they have been found guilty of a serious crime. The types of crimes that cause someone to lose their voting rights can be different in each state. Sometimes, people lose their voting rights forever. In other places, they get their voting rights back after they finish their prison sentence, parole (being supervised after prison), or probation (being supervised instead of prison).
In 2016, about 6.1 million people in the U.S. could not vote because of a past crime. By 2020, this number was around 5.1 million. This means about 1 in every 44 adults could not vote in the 2020 presidential election. Since states usually decide who can vote, state laws about losing voting rights also apply to national elections.
Some people believe that if someone commits a serious crime, they have broken the rules of society and should not be allowed to vote. They might argue that these people have shown poor judgment. Others disagree, saying that everyone should have the right to vote. They believe that losing voting rights can stop people from being involved in their communities. Opponents also worry that these laws could be used unfairly to stop certain groups of people from voting.
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How Voting Rights Are Restored
The rules for getting voting rights back after a serious crime are different in each state across the United States. Here are the main ways states handle it:
No Restrictions
Two states, Maine and Vermont, along with Washington, D.C., have no restrictions on voting rights for people who have committed serious crimes. This means a person can vote even while they are in prison, often by using an absentee ballot. They also have no special rules after they finish their sentence.
Rights Restored After Prison
In 21 states, people get their voting rights back as soon as they are released from prison. They do not have to wait until they finish parole or probation. These states include 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.
Rights Restored After Probation
Sixteen states require people to finish their entire sentence, including any time spent on parole or probation, before they can vote again. Probation is often a way to avoid prison time. These states are Alaska, Arkansas, Georgia, Idaho, Kansas, Louisiana, Minnesota, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, South Dakota, Texas, West Virginia (where a prosecutor can ask to take away voting rights if money owed is not paid), and Wisconsin.
Special Rules Apply
Nine states have laws where getting voting rights back depends on the specific crime or other conditions. In these states, some people get their voting rights back after finishing prison, parole, and probation. Others might have to ask a court or state official to get their rights back, and this request could be denied.
- Alabama – People lose the right to vote for certain serious crimes. Since 2017, a law lists 47 specific crimes that cause someone to lose their voting rights. If a person loses their right to vote for one of these crimes, they can ask for it to be restored. If their crime is not on this list, their voting rights are automatically restored once they finish their sentence.
- Arizona – People who commit a serious crime for the first time get their voting rights back automatically. Others must ask for their rights to be restored.
- Delaware – For very serious crimes like murder or crimes involving bribery, a special official approval is needed to get voting rights back. For all other serious crimes, voting rights are restored after the full sentence is completed.
- Florida – If someone is found guilty of murder, they permanently lose their right to vote. In 2019, a law changed so that most people with other serious crimes could vote again after finishing their sentence, including prison, parole, and probation. However, another law later that year said that a sentence is not finished until all fines and fees are paid.
- Iowa – People found guilty of any "infamous crime" (which the state court says means any serious crime) cannot vote again for life. However, the governor can restore voting rights. In 2020, the governor signed an order to restore voting rights to people once they are released from their sentence.
- Mississippi – People lose the right to vote for many crimes listed in the state constitution, like murder, bribery, or theft. To get voting rights back, two-thirds of both parts of the state legislature must vote to approve it.
- Nebraska – If someone is found guilty of treason, they permanently lose their right to vote. For all other serious crimes, voting rights are restored two years after finishing prison, parole, or probation.
- Tennessee – People found guilty of certain serious crimes, like murder or treason, can only get their voting rights back through a special approval. For less serious crimes, voting rights are restored after prison, parole, and probation are completed. Also, the person must have paid any court-ordered money, be current on child support, and have paid court costs. They then need to get a court order or a certificate to restore their voting rights.
- Wyoming – Since 2017, people found guilty of non-violent serious crimes get their voting rights back after finishing their sentence, including parole and probation. People with non-violent serious crimes who finished their sentence before 2010, or those convicted in another state, must ask the department of corrections to confirm their sentence is complete before their voting rights are restored.
Must Ask to Vote Again
Two states require people with serious crimes to formally ask a court or state official to get their voting rights back after they have finished their entire sentence.
