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For about 4 million people with felony convictions, getting their voting rights restored is complicated — and varies from state to state
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For about 4 million people with felony convictions, getting their voting rights restored is complicated — and varies from state to state

People who are convicted of felonies may think they can’t vote.

Even in California, where they have the right to vote, people convicted of felonies cite cases Florida and Texas where felons who had served their sentences were arrested and sentenced to prison for trying to vote illegally.

It is almost an article of faith that a person loses their right to vote once they have been convicted.

But this is not universally true.

Since 1997, 26 states and Washington reforms have passed who have extended voting eligibility to over 2 million people convicted of crimes.

The reforms reflect growing recognition by some politicians, that criminal disenfranchisement laws often excluded people from voting long after they had served their sentences. Rooted historical racism that they restrict access to the ballot box, these laws are inconsistent with the idea that punishment should end after someone completes their sentence.

But with these reforms comes a new challenge – making sure people who have the right to vote know they can.

Different states, different laws

A popular assumption among the general public, and even among those convicted of crimes, is that they cannot vote for life.

During our research, we conducted interviews and focus groups with 137 individuals, as well as text message conversations with more than 1,800 individuals in five states (California, Michigan, Ohio, Pennsylvania, and Texas). Delia, a 40-year-old Hispanic woman from Texas, explained, “It’s very confusing on purpose. Most people I know who get registered and go to jail, one of the biggest things is you can never vote again. Correct. And so I thought.”

Criminal disenfranchisement laws varies by state). In some cases, people with convictions can still vote while serving time in Maine, Vermont and Washington, DC

A white man in a business suit sits with his arms outstretched behind a desk that has a sign bearing the words Election Integrity.
Florida Governor Ron DeSantis announced on October 18, 2022 that the state’s new Office of Crime and Election Security is in the process of arresting 20 people for election fraud.
Joe Raedle/Getty Images

right National Conference of State Legislaturesthose convicted of crimes automatically have their rights restored in 23 states when they are released from prison. But in 10 other states, those convicted of certain crimes can lose their rights indefinitely or seek a governor’s pardon to have their voting rights restored.

To make matters even more confusing, state laws make different distinctions about who can and cannot vote. In some cases, the distinctions are based on whether the conviction was a misdemeanor or a misdemeanor.

Other states distinguish between when prison, parole, or parole ends — and whether all fines and fees have been paid.

The question of eligibility in Florida

In 2018, for example, voters in Florida approved a ballot initiative which “restores the voting rights of Floridians convicted of crimes after they complete all terms of their sentences, including parole or probation.”

Known as Amendment 4the measure excludes people who have committed murder or a felony sex offense.

But before the measure went into effect, a legal dispute arose over the definition of what it means to complete a sentence. In 2019, Florida Legislature controlled by Republicans passed a law that required payment of back taxes and fines before a person convicted of a felony could regain their voting rights.

Although the American Civil Liberties Union challenged the constitutionality of the law in court, a federal appeals court support republican parliamentarians.

As a result, year estimated at 730,000 Floridians who have completed their sentences remain royalty free.

Extension of the right to vote

Over the past nearly 30 years, many states have taken steps to make it easier for those convicted of felonies to regain their voting rights, since 1997 in Texaswhere lawmakers eliminated a two-year waiting period before a person convicted of a felony could regain their right to vote.

As a result, the number of people with felonies who lost their right to vote fell from a peak of 6.1 million in 2016 to a estimated at 4 million in these elections, according to the Penalty Project. During the 2020 US presidential election, that number was 5.2 million.

So far, in 2024 alone, officials in three states have changed their laws regarding voter eligibility requirements for people with felony convictions.

In Virginia, lawmakers approved on April 5 a new law which allows registered voters who are jailed pending trial or have been convicted of a misdemeanor to vote by absentee ballot.

A month later, in May, Oklahoma lawmakers clarified their existing laws by passing a measure that allows people convicted of felonies to vote under certain conditions, such as receiving a pardon or having their felony conviction reduced to a lesser offense.

Although passed by state parliamentarians in April 2024, the Nebraska Supreme Court ruled on October 16 that the new law could take effect. The law eliminates the two-year waiting period after a prison sentence ends before voting rights can be restored.

Increasing voter turnout

Numerous studies of those with felony convictions have shown that they believe the voting process is unclear and confused.

In our study about the voting behavior of people with convictions, I interviewed Raymond, a 49-year-old black man from Michigan. Asked about the process of registering to vote, he told us, “I won’t say scary, but it was unfamiliar. It can be overwhelming for those who don’t want to do it. You don’t know where to go, you don’t know who to really vote for.”

To get these out to newly eligible voters, community organizations across the U.S. have launched grassroots operations to inform people of conviction about their voting rights and help guide them through the registration process.

As part of this effort, community organizations such as Alliance for Safety and Justice and TimeDone is working with academic researchers to further understand how different outreach methods can increase voter turnout among people with felony convictions.

With many people newly eligible to vote in their first presidential election this year, I think we’re giving them accurate information about voting and their status. felony voting laws it is essential to ensure that the idea of ​​a second chance includes the right to vote.