States Where Convicted Felons Were Never Allowed to Vote Again

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Restoration of Voting Rights for Felons

It has been common practise in the United states to make felons ineligible to vote, in some cases permanently. Over the last few decades, the general trend has been toward reinstating the correct to vote at some betoken, although this is a country-past-state policy choice. (See Recent State Activity below for a chronology.)

Currently, state approaches to felon disenfranchisement vary tremendously. NCSL has divided states into four categories, equally detailed in Table 1 beneath.

In all cases, "automated restoration" does not mean that voter registration is automated. Typically prison officials automatically inform election officials that an individual's rights have been restored. The person is and then responsible for re-registering through normal processes. Some states, California is one instance, crave that voter registration information be 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 only while incarcerated, and receive automatic restoration upon release.
• In 16 states, felons lose their voting rights during incarceration, and for a menstruation of time afterwards, typically while on parole and/or probation. Voting rights are automatically restored after this time period. Former felons may too accept to pay any outstanding fines, fees or restitution before their rights are restored as well.
• In 11 states felons lose their voting rights indefinitely for some crimes, or require a governor's pardon in order for voting rights to exist restored, confront an additional waiting menstruum after completion of sentence (including parole and probation) or require boosted action 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 below.

Table I: Restoration of Voting Rights After Felony Convictions

Never Lose Right to Vote	Lost Only While Incarcerated | Automatic Restoration After Release	Lost Until Completion of Judgement (Parole and/or Probation) | Automated Restoration After	Lost Until Completion of Sentence | In Some States a Post-Sentencing Waiting Period | Boosted Action Required for Restoration (i)
Commune 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	North Carolina	Virginia
	Nevada	Oklahoma	Wyoming
	New Hampshire	Due south Carolina
	New Jersey	South Dakota
	New York	Texas
	Northward Dakota	West Virginia
	Ohio	Wisconsin
	Oregon
	Pennsylvania
	Rhode Island
	Utah
	Washington

(1) Details on the process for restoration of rights is included in Table 2 below.

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

(3) An initiated constitutional subpoena in 2018 restored the right to vote for those with prior felony convictions, except those convicted of murder or a felony sexual criminal offence, who must still petition the governor for restoration of voting rights on a example by example ground. In July 2019, SB 7066 was signed by the governor of Florida which defined "completion of sentence" to include: release from imprisonment, termination of  whatever ordered probation, fulfillment of any terms ordered by the courts, termination of whatever 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

State	Details on Policies for Restoration of Rights
Alabama	The Alabama Constitution states that "No person convicted of a felony involving moral turpitude, or who is mentally incompetent, shall be qualified to vote until restoration of civil and political rights or removal of disability" (Ala. Const. Art. Viii, § 177). Before 2017 at that place was no comprehensive listing of felonies that involve moral turpitude which would disqualify a person from voting. In 2017, HB 282 divers which crimes fit this category (Ala. Code § 17-3-xxx.1).
Arizona	A confidence for a felony suspends the rights of the person to vote (A.R.S. § 13-904) unless they take been restored to civil rights (Ariz. Const. Fine art. 7 § ii). First-time offenders have rights restored upon completion of probation and payment of any fine or restitution (A.R.Due south. § 13-912). A person who has been bedevilled of two or more than felonies may have civil rights restored by the approximate who discharges him at the finish of the term of probation or by applying to the court for restoration of rights (A.R.S. § xiii-905).
Delaware	People who are convicted of disqualifying felonies (murder, bribery, sexual offenses) are permanently disenfranchised. Those butterfingers as a voter considering of another type of felony shall accept the disqualification removed upon being pardoned or after the expiration of the sentence, whichever comes first (Del. Const., Art. five, § two). In 2013 (HB 10) Delaware removed its five-year waiting period, allowing those bedevilled of non-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 bedevilled of any infamous law-breaking shall non be entitled to the privilege of an elector (Iowa Const. Fine art. two, § v). In 2016 the Iowa Supreme Court upheld the ban on felon voting, finding that all felonies are "infamous crimes" resulting in permanent disenfranchisement (Griffin v. Pate, 2016). The ability of the governor to restore voting rights to persons bedevilled of infamous crimes through pardoning power was upheld in State v. Richardson, 2017. In 2005 Governor Tom Vilsack restored voting rights to individuals with erstwhile felony convictions via executive order. Governor Terry Branstad reversed this executive order in 2011.
Kentucky	"Persons convicted of treason, or felony, or blackmail in an election, or of such high misdemeanor equally the General Associates may declare shall operate as an exclusion from the right of suffrage, simply persons hereby excluded may be restored to their ceremonious rights past executive pardon" (KY Const. § 145). Governor Steve Beshear restored voting rights to individuals with old non-violent felony convictions via executive guild in 2015. Governor Matt Bevin reversed this executive order soon afterward 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 money or goods under simulated pretense, perjury, forgery, embezzlement or bigamy is no longer considered a qualified elector" (Miss. Const. Art. 12, § 241). If an individual hasn't committed one of these offenses, rights are automatically restored. If an individual has been convicted of ane of these, he or she can even so receive a pardon from the governor to restore voting rights (Miss. Code Ann. § 47-7-41) or by a two-thirds vote of both houses of the legislature (Miss. Const. Fine art. 12, § 253).
Nebraska	In felony cases, at that place is a 2-year waiting menses later completion of probation for the restoration of voting rights (Neb. Rev. St. § 29-2264).
Tennessee	The Tennessee Constitution denies the right to vote persons convicted of an infamous criminal offence (Tenn. Const. Art. one, § 5). Whatsoever felony is considered an "infamous crime" and disqualifies a person from exercising the correct of suffrage (T.C.A. § forty-20-112). Those convicted 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 order to register to vote (T.C.A. § 2-two-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. Fine art. 2, § i). The Department of Corrections is required to provide persons convicted of felonies with information regarding voting rights restoration, and assist with the process established by the governor for the review of applications (VA Lawmaking Ann. § 53.1-231.1 et seq.). Individuals with felony convictions may petition the courts in an effort to restore their voting rights (VA Code Ann. § 53.one-231.ii). In 2016, Virginia Governor Terry McAuliffe announced an executive order automatically restoring voting rights to convicted felons who have completed their prison sentence and their term of supervised release (parole or probation) as of April 22, 2016. The Virginia Supreme Court subsequently ruled that rights restoration needs to take place on an private footing, rather than en masse.
Wyoming	A person bedevilled of a felony is not a qualified elector unless his rights are restored (W.South. § 6-ten-106). For persons bedevilled of nonviolent felonies or a beginning-fourth dimension offender, rights are restored automatically (W.South. § 7-13-105). Persons who practise not meet the above qualifications must be pardoned (W.S. § 6-10-106).

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 Proffer 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 order restoring the voting rights of felons who have served their sentences. It excludes certain 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 house. Previous to this legislation, first-time, non-violent offenders could take rights restored upon completion of sentence just those that had committed a vehement crime or two or more felonies had to petition a courtroom to grant the restoration of ceremonious rights.
• In 2019, Colorado enacted HB 1266 giving voting rights to individuals on parole, putting information technology 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 earlier leaving the authority of the department of corrections.
• In 2019, Illinois enacted SB 2090 to require election regime in a canton with a population over 3 million to interact with the primary canton jail where eligible voters are confined or detained to facilitate an opportunity for voting by mail for eligible voters. Illinois also 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 clarified that persons convicted of a felony shall be "eligible to annals to vote when they have fully served their sentence of courtroom-mandated calendar days, including whatever term of incarceration, parole, or supervision, or completed a menstruum of probation ordered by the courtroom."
• In July 2019, SB 7066 was signed by the governor of Florida which divers "completion of sentence" to include: release from imprisonment, termination of  whatsoever ordered probation, fulfillment of any terms ordered by the courts, termination of whatever ordered supervision, total payment of any ordered restitution and the total payment of any ordered fines, fees or costs.
• In 2018, Florida passed a citizen-initiated constitutional amendment to automatically restore the voting rights of felons after completion of their sentences (including parole and probation). Those convicted of murder or a felony sexual law-breaking must still use to the governor for voting rights restoration on a case by case basis. Earlier the amendment, anyone convicted of a felony had to have voting rights restored by a full pardon, provisional pardon, or restoration of civil rights by the governor. The Executive Clemency Board ready the rules for restoration of ceremonious rights, which at the time the amendment passed, included a 5- or 7-year waiting period and a listing of crimes for which an individual could never utilise for rights restoration.
• In 2018, Colorado SB 150 permitted an individual on parole, who is otherwise eligible, to pre-register to vote. When the secretarial assistant of state receives notification that the individual has been released from parole, he/she is then registered to vote.
• In 2018, New York Governor Andrew Cuomo issued an executive order removing the restriction on parolees voting. New York already allows those on probation to vote. The order may be challenged in court.
• In 2017, Alabama HB 282 provided a list of felonies that involve "moral turpitude" that disqualify a person from exercising his or her correct to vote. Previously in that location was no comprehensive, authoritative source for defining a disenfranchising offense 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 Rubber and Corrections and the Department of State.
• In 2016, California passed legislation allowing those in canton jails to vote while incarcerated, but not country or federal prison. In 2017 California passed additional legislation requiring information be provided most voting rights restoration on the net and in person to felons exiting prison house.
• In 2016, Virginia Governor Terry McAuliffe announced an executive order automatically restoring voting rights to bedevilled 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 order.
• In 2016, Maryland'southward legislature enacted HB 980 and SB 340 (overriding a veto) so that voting rights are automatically restored afterward completion of the term of incarceration.
• In 2015, outgoing Kentucky Governor Steve Beshear signed an executive order to automatically restore the correct to vote (and to hold public office) to sure offenders, excluding those who were bedevilled of violent crimes, sexual activity crimes, bribery, or treason. The order was reversed past incoming Governor Matt Bevin.
• In 2015, Wyoming enacted HB 15 requiring the section of corrections to issue a certification of the restoration of voting rights to certain not-violent felons after completion of sentence.
• In 2013, Delaware eliminated the v-twelvemonth waiting period earlier voting rights are restored.
• In 2013, Virginia Governor McDonnell signed an executive guild 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 change 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 v and seven years depending on the crime before applying to regain voting rights.
• In Iowa, the governor in 2011 reversed an executive order issued in 2005 nether the previous governor. The 2005 order automatically restored the voting rights of all ex-felons, but under the 2011 gild, they will now have to use to regain rights.
• In 2011 in Tennessee, HB 1117 was enacted, adding to the listing 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.

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

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

Boosted Resources

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

• If you're looking for data on how you or someone else tin regain the right to vote, NCSL is unable to help with or offer advice on this process. Nosotros suggest that you contact election officials in the appropriate jurisdiction to get the most current and authentic information available.
• If you're seeking general information on state policies regarding felon voting rights, delight contact NCSL's elections team for more data by e-mail or at 303-364-7700.
• The Sentencing Project is an advocacy group that offers information on felon disenfranchisement in us. Its folio Felony Disenfranchisement: A Primer contains a state-by-state chronology of state action on felony disenfranchisement laws since 1997.
• The Restoration of Rights Project, from the National Clan of Criminal Defense force 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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