Felons

The right to vote and to cast a free and secret ballot is supposed to be the cornerstone of democracy. Yet, upwards of 5.3 million Americans are denied the right to vote because of a past felony conviction. In fact, felons are the only group who is banned from voting by law. While Maine and Vermont allow all residents to vote, even residents serving time in jail, every other state has enacted laws that ban those serving time from voting. Two states, Virginia and Kentucky, permanently disenfranchise people convicted of felonies even after they have served their time.

The exclusion of lawbreakers from the political process dates back hundreds of years. Colonial law incorporated provisions that restricted or eliminated the rights of felons to vote. However, today's laws that restrict voting rights owe their history to the post-civil war reconstruction era. Southern states in particular worried about the potential effects of the15th amendment, which gave African Americans the right to vote. These states enacted a series of "Jim Crow" laws, such as poll taxes and literacy requirements, as a means to disenfranchise voters. Banning people with felony convictions from voting significantly limits the number of African-Americans who can vote. According to the Sentencing Project, "1.4 million African American men, or 13% of black men, is disenfranchised, a rate seven-times the national average."

Over the last few years, advocates of felon voting rights have helped to successfully dismantle some laws, but the fight continues and millions of citizens every election are unable to vote because they have a felony conviction on their record.

To learn more about felon disenfranchisement visit The Sentencing Project.

 

Find the state processes for ex-felon re-enfranchisement This is especially useful if you are an ex-felon, a friend/family member of an ex-felon or are simply curious about the policies and procedures individual states establish.

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Former Felons Have a Right to Vote

Published October 17th 2002
A criminal released from prison has paid his debt and we hope to integrate him back into society. Yet in most states, released felons are deprived of the right to vote, in some cases for the rest of their lives. In the past five years, five states have rescinded or modified their laws, restoring the vote to more than 450,000 people. Other states, and the federal government, should join this trend. Disenfranchising felons is an archaic practice, at odds with basic American values about both punishment and democracy.

The notion that former felons should not be allowed to vote dates back to medieval Europe, where criminals were banished from the community and deemed to have suffered "civil death." During the Jim Crow era in the South, felony disenfranchisement at times had a racial motive: white legislators in states like South Carolina and Alabama tailored laws to deny the vote to blacks.

Felony disenfranchisement remains widespread. In some states, the prohibition applies only while felons are in prison, or on probation or parole. But in 14 states, ex-offenders who have completed their sentences may not vote, usually for life. Nationwide, nearly four million people are disenfranchised by these laws, with the impact most severe on minority communities. According to a study by the Sentencing Project, felony disenfranchisement among black men is seven times the national average, and in Alabama and Florida, 31 percent of black men are permanently disenfranchised.

Taking the vote away from people after their release from prison permanently stigmatizes those whose misdeeds may be minor, and long in the past. (A first offender who pleads guilty to a minor felony, with no jail time, can end up disenfranchised for life.) This restriction on the scope of the electorate also cuts against the principle that the nation's government rests upon the consent of the governed.

There are movements afoot in several states, including Virginia and Alabama, to extend the vote to former felons. Representative John Conyers Jr., a Michigan Democrat, introduced a bill this month to grant former inmates the right to vote in federal elections. And the United States Court of Appeals for the 11th Circuit in Atlanta has a class-action suit before it seeking to strike down Florida's laws, which deny voting rights to more than 600,000 people. All of these efforts are worthy of support. This nation still believes in rehabilitating criminals who have served out their sentences. Restoring their right to vote is an important part of this process.