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Voting Rights Restoration

An estimated 5.3 million Americans—one in 41 adults—are barred from voting because of a felony conviction.1
The number of disfranchised citizens is greater than the entire population of Louisiana. Among these 5.3 million are more than two million white Americans (Hispanic and non-Hispanic), 677,000 women, and 585,000 military veterans.2
Approximately two million of those barred from voting have completed their sentences.3
Eleven states permanently deny the right to vote to at least some citizens even after they have completed their sentences. Of these, three (FL, KY, VA) permanently disfranchise everyone with a felony conviction. Only Maine and Vermont never strip voting rights from their citizens, even when they are incarcerated.
African American and Latino communities are disproportionately affected by the disfranchisement of criminal offenders.
About 1.4 million African American men are barred from voting. Their 13 percent disfranchisement rate is seven times the national average. In six states, more than one in four African American men are permanently disfranchised. Given current rates of incarceration, three in ten of the next generation of black men are expected to be disfranchised at some point in their lives.4
Restoring the right to vote helps reintegrate people with criminal records into society and strengthens democracy by increasing voter participation.
Voting is integral to the fabric of our democracy—permanently disfranchised Americans can hardly feel a part of the process. Restoration of voting rights helps people with criminal records become productive members of society and strengthens our institutions by increasing participation in the democratic process.
The United States is the only democracy in the world where convicted offenders who have served their sentences are disfranchised for life.
Many countries, including the Czech Republic, Denmark, France, Germany, Israel, Japan, Peru, Poland, Romania, Sweden and Zimbabwe allow some or all incarcerated individuals to vote. In fact, German law obliges corrections officials to encourage prisoners to vote.
Americans strongly support the restoration of voting rights to people with convictions.
A 2002 Harris Interactive poll found that 80 percent of Americans believe that citizens who have completed sentences for felony convictions should be allowed to vote. More than 60 percent favor re-enfranchising those on parole or probation.5
States are moving to restore voting rights to many citizens with felony convictions.
Across the country, there has been significant momentum for reform of disfranchisement policies. Since 1997, 16 states have reformed their laws or policies to reduce barriers to voting by people with criminal records.6 In November 2006, Rhode Island became the first state to approve restoration of voting rights by referendum.
To fully restore the right to vote to people with felony convictions, legislation should include several key provisions.
  • Restoration of Rights—Clearly identify at what point voting rights are restored to people with convictions.
  • Notice—Ensure that criminal defendants are informed before conviction and sentencing that they may lose their voting rights, and at the point of restoration that they are again eligible to register and vote.
  • Voter Registration—The government agency that has contact with people at the point of restoration should be responsible for assisting them with voter registration.
  • Statewide Voter Registration Database—Ensure that names are properly removed and then restored to the state’s computerized list of registered voters.
  • Education—Hold the state’s chief election official responsible for educating other government agencies and the public about the legislation.

This policy summary relies in large part on information from the Brennan Center for Justice. and The Sentencing Project.

Endnotes
  1. Dēmos, “Challenges to Fair Elections,” October 2006.
  2. The Sentencing Project, “Felony Disenfranchisment Laws in the United States,” August 2006; The Sentencing Project, “Disenfranchised Veterans In the United States,” 2004.
  3. “Challenges to Fair Elections.”
  4. “Felony Disenfranchisement Laws in the United States.”
  5. Jeff Manza, Clem Brooks and Christopher Uggen, “Public Attitudes Toward Felon Disenfranchisement in the United States,” Public Opinion Quarterly, 2004.
  6. “Felony Disenfranchisement Laws in the United States.”
  7. Ibid.
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