The legal ability of people with felony convictions to vote varies from state to state. Some states allow felons to vote from prison while other states permanently ban felons from voting even after being released from prison, parole, and probation, and having paid all their fines.
The chart below provides links to each state's laws on felon voting and places each
US state within one of five categories ranging from harshest (column A) to least restrictive (column E). For the 13 most restrictive states in column Amoredetails have been provided, including applications for re-enfranchisement and clemency.
No federal laws exist on felon voting per se. Felon voting has not been regulated federally although some argue that Section 2 of the Voting Rights Act can be applied to felon disenfranchisement and that Congress has the authority to legislate felon voting in federal elections.
Anyone convicted of a misdemeanor in the District of Columbia, Idaho, Illinois, Indiana, Kentucky, Michigan, Missouri, South Carolina, and South Dakota may not vote while incarcerated. In Iowa, only persons convicted of an "aggravated" misdemeanor cannot vote while incarcerated. In West Virginia, persons convicted of an elections related misdemeanor cannot vote while incarcerated. In the remaining 40 states, individuals may vote by absentee ballot while incarcerated.
Kentucky and Missouri additionally require an executive pardon before allowing people convicted of certain misdemeanors ("high misdemeanors” in KY and "elections-related misdemeanors” in MO) from ever voting again.
Notes and Re-enfranchisement Applications:
Alabama - Some persons convicted of a felony may apply to have their vote restored immediately upon completion of their full sentence. Those convicted of certain felony offenses such as murder, rape, incest, sexual crime against children, and treason are not eligible for re-enfranchisement. Instructions for Voting Restoration, State of Alabama (18KB) (as of July 31, 2008) Alabama Code: Section 17-3-31 (7KB) (as of July 31, 2008)
Arizona - Automatic voting restoration upon completion of sentence and payment of all fines for first-time, single felony offenders. Second time felony offenders may apply for restoration with their county after completion of their sentence. Instructions for Voting Restoration, State of Arizona (25KB) (as of July 31, 2008)
Delaware - Persons convicted of a felony must wait five years after completion of their sentence to automatically regain the ability to vote. Persons convicted of some violent felonies such as murder, manslaughter, and sex offenses must seek a formal pardon from the governor. Delaware Code: Section 2 (7KB) (as of July 31, 2008)
Florida - On Mar. 9, 2011 the Florida rules of Executive Clemency were toughened. Automatic restoration of civil rights and the ability to vote will no longer be granted for any offenses. All individuals convicted of any felony will now have to apply for executive clemency after a five year waiting period. Individuals who are convicted, or who have previously been convicted, of certain felonies such as murder, assault, child abuse, drug trafficking, arson, etc. are subject to a seven year waiting period and a clemency board hearing to determine whether or not the ability to vote will be restored.
Prior to the Mar. 9, 2011 rule change some individuals convicted of non-violent felonies were re-enfranchised automatically by the Clemency Board upon completion of their full sentence, including payment of fines and fees. Florida Rules of Executive Clemency (81 KB) (as of May 4, 2011) Florida Clemency Application (64 KB) (as of May 4, 2011)
Iowa - On Jan. 14, 2011, the Republican Governor of Iowa, Terry Branstad, issued executive order 70, rescinding a law allowing people convicted of a felony to automatically have their ability to vote restored after completing their sentences. The automatic voting restoration law had been instituted by former Democratic Governor Tom Vilsack's signing of executive order 42 in 2005. Felons in Iowa must now pay all outstanding monetary obligations to the court in addition to completing their sentence and period of parole or probation. People convicted of a felony may then apply for restoration of the ability to vote.
Executive Order 42 had given "a blanket restoration of citizenship rights [including voting restoration and holding public office] for all offenders that completely discharged their sentences, including any term of probation, parole, or supervised release as of July 4, 2005." It stated that "the Governor will consider without undue delay these individuals for a restoration of citizenship rights. If granted, a restoration of citizenship certificate will be issued to the offender’s last known address. [...] For offenders that will completely discharge their sentences after July 4, 2005, a record of their names will automatically be sent each month to the Governor, who will determine whether restoration is warranted." May 10, 2007, "Restoration of Citizenship Rights – Frequently Asked Questions," website of the Governor of Iowa
Kentucky - The ability to vote can be restored only when the Governor approves an application for an executive pardon from an individual convicted of a felony after completion of his/her sentence. Application for Restoration of Civil Rights, State of Kentucky (69KB) (as of July 31, 2008)
Mississippi - Persons convicted of a felony are barred from voting only if they have been convicted of one or more of the following 21 specific felony crimes (in alphabetical order): armed robbery, arson, bigamy, bribery, carjacking, embezzlement, extortion, felony bad check, felony shoplifting, forgery, larceny, murder, obtaining money or goods under false pretense, perjury, rape, receiving stolen property, robbery, statutory rape, theft, timber larceny, and unlawful taking of a vehicle. Individuals convicted of felonies other than the 21 listed above may vote at all times - including while they are incarcerated.
To regain the ability to vote, an individual, after completion of his/her sentence, must go to his/her state representative and convince them to personally author a bill reenfranchising that individual. Both houses of the legislature must then pass the bill. Re-enfranchisement can also be granted directly by the governor.
Nebraska - Persons convicted of a felony are automatically permitted to vote two years after completion of their sentence for all convictions except treason. A Guide to Ex Felon Voting Rights in Nebraska (72KB) (as of July 31, 2008)
Nevada - The vote is automatically restored to all persons convicted of a non-violent felony after the sentence completion. Persons convicted of a violent felony and all second- time felony offenders (whether violent or non-violent) are not automatically re-enfranchised. Those individuals must seek restoration of their voting abilities in the court in which they were convicted. Nevada Code (26KB) (as of Sep. 22, 2008)
Tennessee - All persons convicted of a felony since 1981, except for some serious felonies such as murder, rape, treason and voter fraud, may apply to the Board of Probation and Parole for voting restoration upon completion of their sentence. Tennessee General Assembly, Public Chapter 860 (31KB) (as of July 31, 2008) Tennessee Voting Restoration Application (66KB) (as of July 31, 2008)
Washington- On Oct. 7, 2010, the 9th Circuit Court of Appeals, in a full 11 judge bench hearing of Farrakhan v. Gregoire(59 KB) , reversed the court’s 2-1 panel decision from Jan. 5, 2010, and ruled 11-0 that
Washington’s felon disenfranchisement law did not violate the Voting Rights Act.
On Jan. 5, 2010, a three judge panel of the 9th US Circuit Court of Appeals ruled 2-1 in Farrakhan v. Gregoire (229 KB) that Washington's felon disenfranchisement law violates Section 2 of the Voting Rights Act and that plaintiffs "demonstrated that the discriminatory impact of Washington’s felon disenfranchisement is attributable to racial discrimination." According to a press release (95 KB) from Washington Secretary of State Sam Reed, the ruling will allow "inmates currently behind bars to vote in Washington."
[Editors Note:In an interview with ProCon.org on Jan. 6, 2010, Sam Reed's office stated that they were expecting the Attorney General to appeal this decision (the office announced later that day that the case will be appealed to the US Supreme Court). The office also stated that until guidance is received from the Washington Attorney General's Office as to how this ruling should be implemented, the "status quo" remains in place; incarcerated felons will not be allowed to vote.]
Previous rulings in Washington:In 2006, in the case of Madison v. State of Washington, voting was restored "to all felons who have satisfied the terms of their sentences except for paying legal financial obligations, and who, due to their financial status, are unable to pay their legal financial obligations immediately."This language, from a King County superior Court order (583KB), was appealed to the Washington State Supreme Court (630KB).
On July 26, 2007, the Washington State Supreme Court reversed the King County superior Court order and ruled that persons convicted of a felony in the state of Washington who were convicted after July 1, 1984 have their ability to vote restored once all probation/parole is completed and all fines are paid.
Wyoming - People convicted of a first-time non-violent felony may apply to the Board of Parole for voting restoration five years after completion of their sentence, all others convicted of a felony must apply directly to the governor five years after completion of their sentence to have their voting ability restored. 2003 Restoration of Voting Rights Bill (123KB) Wyoming Restoration of Voting Rights Application (14KB) (as of July 31, 2008)
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