Voting with felony convictions

Introduction
Historical felony disenfranchisement
U.S Supreme Court
Current landscape of felony disenfranchisement
Pros
- Pro 1: Contributing to the law-making process is an essential step in an offender’s reintegration into society.
- Pro 2: Disenfranchisement is a denial of a right and often a form of racial discrimination.
- Pro 3: Denying the vote to adults who pay taxes is unconstitutional.
Cons
- Con 1: People with felony convictions should lose their say in the law-making process because they have shown a disregard for the law.
- 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.
State voting laws and policies for people with felony convictions
- May lose vote permanently: 9 states
  - Alabama
  - Arizona
  - Delaware
  - Florida
  - Iowa
  - Kentucky
  - Mississippi
  - Tennessee
  - Wyoming
- Vote restored after prison, parole, or probation: 15 states
  - Louisiana
  - Nebraska
  - North Carolina
  - South Dakota
- Vote restored after prison: 23 states
  - California
  - Colorado
  - Connecticut
  - Maryland
  - Minnesota
  - Nevada
  - New Jersey
  - New York
  - Virginia
  - Washington
- Unrestricted—People with felony convictions may vote from prison: 4 U.S. jurisdictions
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
  - April 19, 1792 - Kentucky Constitution is first among U.S. states to establish criminal disenfranchisement
  - July 9, 1793 - Vermont Constitution establishes criminal disenfranchisement
- 1800-1849
  - January 22, 1812 - Louisiana Constitution establishes criminal disenfranchisement
  - June 10, 1816 - Indiana Constitution establishes criminal disenfranchisement
  - July 7, 1817 - Mississippi Constitution establishes criminal disenfranchisement
  - October 12, 1818 - Connecticut Constitution establishes criminal disenfranchisement
  - July 5, 1819 - Alabama Constitution establishes criminal disenfranchisement
  - June 12, 1820 - Missouri Constitution establishes criminal disenfranchisement
  - August 28, 1821 - New York Constitution establishes criminal disenfranchisement
  - January 14, 1830 - Virginia Constitution establishes criminal disenfranchisement
  - November 8, 1831 - Delaware Constitution establishes criminal disenfranchisement
  - May 1834 - Tennessee Constitution establishes criminal disenfranchisement
  - December 3, 1838 - Florida Constitution establishes criminal disenfranchisement
  - November 29, 1802 - Ohio Constitution establishes criminal disenfranchisement
  - November 5, 1842 - Rhode Island Constitution establishes criminal disenfranchisement
  - June 29, 1844 - New Jersey Constitution establishes criminal disenfranchisement
  - November 5, 1845 - Louisiana Constitution ratified to bar anyone sentenced to hard labor from voting
  - August 27, 1845 - Texas Constitution establishes criminal disenfranchisement
  - August 3, 1846 - Iowa Constitution establishes criminal disenfranchisement
  - November 3, 1846 - New York Constitution ratified to bar persons convicted of “infamous” crimes from voting
  - February 1, 1848 - Wisconsin Constitution establishes criminal disenfranchisement
  - November 1849 - California Constitution establishes criminal disenfranchisement
- 1850-1949
  - June 4, 1851 - Maryland Constitution establishes criminal disenfranchisement
  - August 29, 1857 - Minnesota Constitution establishes criminal disenfranchisement
  - November 1857 - Oregon Constitution establishes criminal disenfranchisement
  - February 3, 1870 - 15th Amendment to the U.S. 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
  - September 9, 1957 - Pres. Eisenhower signs the Civil Rights Act of 1957
  - August 6, 1965 - Pres. Johnson signs the Voting Rights Act
  - March 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 “infamous crimes”
  - June 13, 1967 - New York Supreme Court rules that criminal disenfranchisement is reasonable and constitutional in Green v. Board of Elections
  - November 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
  - November 5, 1974 - California amends constitution to allow people with felony convictions to vote after completion of incarceration and parole
  - April 22, 1980 - U.S. Supreme Court rules that purposeful racial discrimination must be evident for a disenfranchisement law to be unconstitutional
  - April 16, 1985 - U.S. Supreme Court rules that criminal disenfranchisement is legal if there is no racially discriminatory intent
- 2000-2019
  - November 7, 2000 - Massachusetts Voters Ban Incarcerated People with Felony Convictions from VotingMassachusetts voters ban incarcerated people with felony convictions from voting
  - March 15, 2001 - New Mexico repeals lifetime ban on disenfranchisement of people with felony convictions
  - February 14, 2002 - U.S. Senate votes down amendment granting people with felony convictions the right to vote in federal elections
  - September 25, 2003 - Alabama passes bill allowing most people with felony convictions to register to vote
  - July 1, 2003 - Nevada passes bill to automatically restore voting rights 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
  - April 5, 2007 - Florida Gov. Charlie Crist institutes automatic vote restoration to people with felony convictions who have completed their full sentences
  - April 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
  - December 2007 - Barack Obama supports re-enfranchisement of people who have completed felony sentences
  - October 27, 2008 - U.S. Senator Ted Stevens (R-AK) convicted of felony and loses ability to vote
  - January 5, 2010 - 9th U.S. Circuit Court of Appeals rules that Washington’s disenfranchisement law violates the Voting Rights Act
  - October 7, 2010 - Washington’s law disenfranchising people with felony convictions upheld in en banc Reversal of 9th U.S. 9th Circuit Court Decision
  - October 18, 2010 - U.S. Supreme Court declines taking up Massachusetts voting case Simmons v. Galvin
  - January 14, 2011 - Iowa rescinds automatic voting restoration for people with felony convictions who have completed their sentences
  - March 9, 2011 - Florida rescinds automatic voting restoration for people with felony convictions who have completed their sentences
  - March 19, 2012 - South Dakota enacts HB 1247, removing the right to vote from people with felony convictions until completion of probation
  - April 16, 2013 - Delaware Senate passes the Hazel D. Plant Voter Restoration Act
  - May 29, 2013 - Virginia implements automatic vote restoration to all people with nonviolent felony convictions who have completed their full sentences
  - February 11, 2014 - Attorney General Eric Holder calls for restoration of the vote to people convicted of a felony
  - November 24, 2015 - Voting rights restored to people with nonviolent felony convictions in Kentucky
  - December 22, 2015 - Kentucky governor reverses predecessor’s executive order that allowed people with nonviolent felony convictions to vote
  - February 9, 2016 - Maryland Senate restores the vote to people with felony convictions immediately upon release from prison
  - April 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
  - September 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
  - April 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
  - November 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
  - December 12, 2019 - Kentucky governor restores vote to people with nonviolent felony convictions
  - December 18, 2019 - New Jersey re-enfranchises people with felony convictions on parole or probation
- 2020-present
  - January 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
  - August 5, 2020 - Iowa Gov. Kim Reynolds signs executive order restoring vote to some people who have completed felony sentences
  - September 11, 2020 - Appeals court upholds Florida law requiring fine and fee payment
  - September 22, 2020 - Snoop Dogg and Mike Tyson to vote for first time in November 2020 election
  - November 3, 2020 - California voters approve Proposition 17
  - March 16, 2021 - Virginia governor allows vote after prison
  - April 7, 2021 - Washington governor restores vote to those who have finished prison sentences
  - May 4, 2021 - New York Governor restores vote after prison
  - August 23, 2021 - April 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
  - October 25, 2022 - 4.6 million people disenfranchised due to felony convictions
  - March 3, 2023 - Minnesota governor restores vote to those who have completed prison sentences
  - January 27, 2025 - U.S. Supreme Court declines review of Mississippi’s permanent voting with felony convictions ban
Assessment quiz
1-minute survey
Discussion questions
Sources

References & Edit History Related Topics

Images

Metal handcuffs rest on a crumpled American flag, symbolizing the intersection of criminal justice and civic rights.

Color-coded U.S. map showing state felon voting laws, from unrestricted voting in prison to possible permanent loss of voting rights; button opens a data table.

Voting with felony convictions: References & Edit History

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.

Other Encyclopedia Britannica Contributors

Article History

Type	Description	Contributor	Date
	Updated to reflect outcome of 2026 midterms in Virginia.	The Editors of ProCon	Nov 04, 2026
	Discussion questions standardized.	The Editors of ProCon	Jul 24, 2026
	Overall update.	The Editors of ProCon	Apr 20, 2026
	Federal court ruling about Virginia disenfranchisement added to state section.	The Editors of ProCon	Mar 10, 2026
	Quiz added.	The Editors of ProCon	Feb 24, 2026
	Invalidated site: National Association of Crime and Defense Lawyers - Guaranteeing Voting Rights to People with Felony Convictions.	Emily Rodriguez	May 22, 2025
	Survey added.	The Editors of ProCon	May 07, 2025
	Add new Web site: National Association of Crime and Defense Lawyers - Guaranteeing Voting Rights to People with Felony Convictions.	Gloria Lotha	Mar 27, 2025
	Links added.	The Editors of ProCon	Feb 12, 2025
	Jan. 27, 2025 timeline entry added.	The Editors of ProCon	Feb 04, 2025
	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