Felon Voting

Table of Contents

Introduction
Pros
- Pro 1: Contributing to the law-making process is an essential step in a felon’s reintegration into society.
- Pro 2: Disenfranchisement is a denial of a right and often a form of racial discrimination.
- Pro 3: It’s undemocratic to deny the vote to adults who pay taxes, regardless of their past.
Pro Quotes
Cons
- Con 1: Because of their vicious crimes, disregard for the law, and frequent arrests, felons should lose their say in the law-making process.
- Con 2: Disenfranchisement reinforces the principle that voting is a right with responsibilities.
- Con 3: Far from being undemocratic, felony disenfranchisement is supported by the U.S. Constitution.
Con Quotes
State Voting Laws & Policies for People with Felony Convictions
- May Lose Vote Permanently: 10 States
  - Alabama
  - Arizona
  - Delaware
  - Florida
  - Iowa
  - Kentucky
  - Mississippi
  - Tennessee
  - Virginia
  - Wyoming
- Vote Restored after Prison, Parole, & Probation: 14 States
  - Nebraska
  - North Carolina
  - South Dakota
- Vote Restored after Prison & Parole: 1 State
  - Louisiana
- Vote Restored after Prison: 23 States
  - California
  - Colorado
  - Connecticut
  - Maryland
  - Minnesota
  - Nevada
  - New Jersey
  - New York
  - Washington
- Unrestricted; May Vote from Prison: 2 States & D.C.
State-by-State: Number of People Who Cannot Vote Due to a Felony Conviction
Incarcerated Population by Type of Crime Committed
- Sentenced Prisoners under State Jurisdictions
- Sentenced Prisoners under Federal Jurisdiction
U.S. Jail, Prison, Parole, and Probation Populations
Constitutional Considerations
- Eighth Amendment
- Fourteenth Amendment
- Fifteenth Amendment
- Twenty-fourth Amendment
Historical Timeline
- 1100 BC-1799
  - 1100 BC - 16th Century - "Civil Death" Used as Punishment for Crime in Ancient Athens, Ancient Rome, and Medieval Europe
  - 1607 - 1776 - Practice of "Civil Death" Is Carried over to the British Colonies in America
  - 1789 - U.S. Constitution Forges a Link Between Voting in National Elections and State Suffrage Rules
  - Apr. 19, 1792 - Kentucky Constitution Is First among US States to Establish Criminal Disenfranchisement
  - July 9, 1793 - Vermont Constitution Establishes Criminal Disenfranchisement
- 1800-1849
  - Jan. 22, 1812 - Louisiana Constitution Establishes Criminal Disenfranchisement
  - June 10, 1816 - Indiana Constitution Establishes Criminal Disenfranchisement
  - July 7, 1817 - Mississippi Constitution Establishes Criminal Disenfranchisement
  - Oct. 12, 1818 - Connecticut Constitution Establishes Criminal Disenfranchisement
  - July 5, 1819 - Alabama Constitution Establishes Criminal Disenfranchisement
  - June 12, 1820 - Missouri Constitution Establishes Criminal Disenfranchisement
  - Aug. 28, 1821 - New York Constitution Establishes Criminal Disenfranchisement
  - Jan. 14, 1830 - Virginia Constitution Establishes Criminal Disenfranchisement
  - Nov. 8, 1831 - Delaware Constitution Establishes Criminal Disenfranchisement
  - May 1834 - Tennessee Constitution Establishes Criminal Disenfranchisement
  - Dec. 3, 1838 - Florida Constitution Establishes Criminal Disenfranchisement
  - Nov. 29, 1802 - Ohio Constitution Establishes Criminal Disenfranchisement
  - Nov. 5, 1842 - Rhode Island Constitution Establishes Criminal Disenfranchisement
  - June 29, 1844 - New Jersey Constitution Establishes Criminal Disenfranchisement
  - Nov. 5, 1845 - Louisiana Constitution Ratified to Bar Anyone Sentenced to Hard Labor from Voting
  - Aug. 27, 1845 - Texas Constitution Establishes Criminal Disenfranchisement
  - Aug. 3, 1846 - Iowa Constitution Establishes Criminal Disenfranchisement
  - Nov. 3, 1846 - New York Constitution Ratified to Bar Persons Convicted of "Infamous" Crimes from Voting
  - Feb. 1, 1848 - Wisconsin Constitution Establishes Criminal Disenfranchisement
  - Nov. 1849 - California Constitution Establishes Criminal Disenfranchisement
- 1850-1949
  - June 4, 1851 - Maryland Constitution Establishes Criminal Disenfranchisement
  - Aug. 29, 1857 - Minnesota Constitution Establishes Criminal Disenfranchisement
  - Nov. 1857 - Oregon Constitution Establishes Criminal Disenfranchisement
  - Feb. 3, 1870 - 15th Amendment to the US Constitution Gives the Vote to Formerly Enslaved People and Prohibits Racially Based Disenfranchisement
  - 1882 - U.S. Congress Passes the Edmunds Act, Banning Polygamists from Voting
  - 1901 - New Alabama Constitution Expands Criminal Disenfranchisement in Effort to Maintain White Supremacy
- 1950-1999
  - Sep. 9, 1957 - President Eisenhower Signs the Civil Rights Act of 1957
  - Aug. 6, 1965 - President Johnson Signs the Voting Rights Act
  - Mar. 24, 1966 - U.S. Supreme Court Rules States Cannot Require Payment of Fees as a Condition to Vote
  - May 24, 1966 - California Supreme Court in Otsuka v. Hite Defines the Term "Infamous Crimes"
  - June 13, 1967 - New York Supreme Court Rules That Criminal Disenfranchisement Is Reasonable and Constitutional in Green v. Board of Elections
  - Nov. 16, 1972 - Federal Appeals Court Argues That "Constitutional Concepts" Should Evolve along with Modern Concepts of Justice and Punishment
  - June 24, 1974 - U.S. Supreme Court Rules That Disenfranchising People with Felony Convictions Does Not Violate the Equal Protection Clause
  - Nov. 5, 1974 - California Amends Constitution to Allow People with Felony Convictions to Vote After Completion of Incarceration and Parole
  - Apr. 22, 1980 - U.S. Supreme Court Rules That Purposeful Racial Discrimination Must Be Evident for a Disenfranchisement Law to Be Unconstitutional
  - Apr. 16, 1985 - U.S. Supreme Court Rules That Criminal Disenfranchisement Is Legal if There Is No Racially Discriminatory Intent
- 2000-present
  - Nov. 4, 2000 - Massachusetts Voters Ban Incarcerated People with Felony Convictions from Voting
  - Mar. 15, 2001 - New Mexico Repeals Lifetime Ban on Disenfranchisement of People with Felony Convictions
  - Feb. 14, 2002 - U.S. Senate Votes Down Amendment Granting People with Felony Convictions the Right to Vote in Federal Elections
  - Sep. 25, 2003 - Alabama Passes Bill Allowing Most People with Felony Convictions to Register to Vote
  - July 1, 2003 - Nevada Passes Bill to Automatically Restore the Vote to People with Felony Convictions
  - March 2005 - Nebraska Repeals Lifetime Ban of Disenfranchisement of People with Felony Convictions
  - June 17, 2005 - Iowa Restores Vote to All People with Felony Convictions Who Have Completed Their Sentences
  - July 7, 2006 - Washington District Court Rules in Farrakhan v. Gregoire That State’s Criminal Disenfranchisement Laws Do Not Violate Section 2 of the Voting Rights Act
  - Apr. 5, 2007 - Florida Governor Charlie Crist Institutes Automatic Vote Restoration to People with Felony Convictions Who Have Completed Their Full Sentences
  - Apr. 26, 2007 - Maryland Institutes Automatic Vote Restoration for All People with Felony Convictions upon Completion of Sentence
  - July 26, 2007 - Washington Supreme Court Reinstates Fine Payment as Part of Re-Enfranchisement Qualifications
  - Dec. 2007 - Barack Obama Supports Felon Re-Enfranchisement of People Who Have Completed Felony Sentences
  - Oct. 27, 2008 - U.S. Senator Ted Stevens (R-AK) Convicted; Loses Ability to Vote
  - Jan. 5, 2010 - 9th U.S. Circuit Court of Appeals Rules that Washington’s Disenfranchisement Law Violates the Voting Rights Act
  - Oct. 7, 2010 - Washington’s Law Disenfranchising People with Felony Convictions Upheld in en banc Reversal of 9th US Circuit Court Decision
  - Oct. 18, 2010 - U.S. Supreme Court Declines Taking Up Massachusetts Voting Case Simmons v. Galvin
  - Jan. 14, 2011 - Iowa Rescinds Automatic Voting Restoration for People with Felony Convictions Who Have Completed Their Sentences
  - Mar. 9, 2011 - Florida Rescinds Automatic Voting Restoration for People with Felony Convictions Who Have Completed Their Sentences
  - Mar. 19, 2012 - South Dakota Enacts HB 1247, Removing the Vote from People with Felony Convictions until Completion of Probation
  - Apr. 16, 2013 - Delaware Senate Passes the Hazel D. Plant Voter Restoration Act
  - May 29, 2013 - Virginia Inplements Automatic Vote Restoration to All People with Nonviolent Felony Convictions Who Have Completed Their Full Sentences
  - Feb. 11, 2014 - Attorney General Eric Holder Calls for Restoration of the Vote to People Convicted of a Felony
  - Nov. 24, 2015 - Voting Rights Restored to People with Nonviolent Felony Convictions in Kentucky
  - Dec. 22, 2015 - Kentucky Governor Reverses Predecessor’s Executive Order That Allowed People with Nonviolent Felony Convictions to Vote
  - Feb. 9, 2016 - Maryland Senate Restores the Vote to People with Felony Convictions Immediately upon Release from Prison
  - Apr. 22, 2016 - Virginia Governor Restores Voting Rights to All People with Felony Convictions
  - July 22, 2016 - Virginia Supreme Court Rules Executive Order Restoring Voting Rights to 200,000 People Who Have Completed Felony Sentences Unconstitutional
  - Sep. 28, 2016 - California Governor Restores Voting to People with Felony Convictions Serving Time in County Jails
  - July 1, 2017 - Wyoming Makes Voting Rights Restoration Automatic
  - Apr. 18, 2018 - New York Governor Gives Conditional Pardons to People with Felony Convictions Who Are on Parole to Restore Vote
  - May 31, 2018 - People Who Have Completed Felony Sentences in Louisiana to Regain Voting Rights after Five Years
  - Nov. 7, 2018 - Florida Restores the Vote to up to 1.4 Million People with Prior Felony Convictions
  - May 30, 2019 - Nevada Restores the Vote to about 77,000 People Who Have Completed Felony Sentences
  - July 1, 2019 - Colorado Parolees Now Eligible to Vote
  - Dec. 12, 2019 - Kentucky Governor Restores Vote to People with Nonviolent Felony Convictions
  - Dec. 18, 2019 - New Jersey Reenfranchises People with Felony Convictions on Parole or Probation
  - Jan. 16, 2020 - Florida Supreme Court Rules People Who Have Completed Felony Sentences Will Have to Pay Fines and Fees before Voting
  - May 24, 2020 - People Who Have Completed Felony Sentences in Florida Cannot Be Barred from Voting for Owing Court Fees, Rules Federal Judge
  - Aug. 5, 2020 - Iowa Governor Kim Reynolds Signs Executive Order Restoring Vote to Some People Who Have Completed Felony Sentences
  - Sep. 11, 2020 - Appeals Court Upholds Florida Law Requiring Fine and Fee Payment
  - Sep. 22, 2020 - Snoop Dogg and Mike Tyson to Vote for First Time in Nov. 2020 Election
  - Nov. 3, 2020 - California Voters Approve Proposition 17
  - Mar. 16, 2021 - Virginia Governor Allows Vote after Prison
  - Apr. 7, 2021 - Washington Governor Restores Vote to Those Who Have Finished Prison Sentences
  - May 4, 2021 - New York Governor Restores Vote after Prison
  - Aug. 23, 2021 - Apr. 6, 2022 - North Carolina Voting Rights in Question
  - June 23, 2021 - Connecticut Governor Restores Vote to Everyone Not in Prison
  - May 20, 2022 - Virginia Governor Restores Vote to Those with Completed Sentences
  - Oct. 25, 2022 - 4.6 Million People Disenfranchised Due to Felony Convictions
  - Mar. 3, 2023 - Minnesota Governor Restores Vote to Those Who Have Completed Prison Sentences
Discussion Questions
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Sources

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Article Contributors

Primary Contributors

The Editors of ProCon
ProCon's editors write and verify new content and update existing content. ProCon presents the pro and con arguments to debatable issues in a straightforward, nonpartisan, freely accessible way.

Article History

Type	Description	Contributor	Date
	Text updated.	The Editors of ProCon	Jan 28, 2025
	Nebraska law updated.	The Editors of ProCon	Jan 09, 2025
	Table edited.	The Editors of ProCon	Nov 11, 2024
	New article added.	The Editors of ProCon	Nov 08, 2024