1. Reenfranchisement of People Convicted of Felonies
Whether a person convicted of a felony may vote is based on each state’s laws and policies. In some states, people with felony convictions may have their right to vote permanently taken away, while in others people with felony convictions may vote from prison.
PRO
Proponents of allowing people with felony convictions to vote state that disenfranchisement disproportionately impacts people of color and thus is racist, that people who have served their sentences have completed their penalty for the crimes committed and should be allowed back into society fully, and that people who are allowed to vote can more fully integrate into society and are less likely to return to prison.
CON
Opponents of allowing people with felony convictions to vote state that people convicted of such awful crimes have shown they cannot be trusted with the privilege or responsibility of voting or having a say in the law-making process, that restricting the right to vote is a fair punishment for those convicted of committing certain heinous crimes, and that each state has the right to impose the penalties it sees fit.
Read More about This Debate:
Should People Who Have Completed Felony Sentences Be Allowed to Vote?
State Felon Voting Laws and Policies
Sources:
ProCon.org, “Should People Who Have Completed Felony Sentences Be Allowed to Vote?,” procon.org, Aug. 6, 2021
As of Aug. 5, 2021, Maine, Vermont, and DC allowed people convicted of felonies to vote from prison. In every other state, the person must complete some or all of their sentence before reenfranchisement.
PRO
Proponents of allowing people with felony convictions to vote while in prison state that the right to vote should not be taken from anyone.
CON
Opponents of allowing people with felony convictions to vote while in prison state that disenfranchisement is a fair punishment.
Read More about This Debate:
Should People with Felony Convictions Be Permitted to Vote while in Prison?
State Felon Voting Laws and Policies
Sources:
ProCon.org, “Should People with Felony Convictions Be Permitted to Vote while in Prison?,” procon.org, Aug. 6, 2021
3. Voting while on Parole or Probation
As of Aug. 5, 2021, 21 states allowed people with felony convictions who were on parole or probation to vote.
PRO
Proponents of allowing people with felony convictions to vote while on parole or probation state that the person is heavily supervised during this time and, thus, leading a law-abiding life, and that reenfranchisement helps the person reenter society.
CON
Opponents of allowing people with felony convictions to vote while on parole or probation state that the person has not yet completed their punishment and the person should prove their ability to reenter society before being able to vote.
Read More about This Debate:
Should People with Felony Convictions Who Are out of Prison but on Parole or Probation Regain Their Right to Vote?
State Felon Voting Laws and Policies
Sources:
ProCon.org, “Should People with Felony Convictions Who Are out of Prison but on Parole or Probation Regain Their Right to Vote?,” procon.org, Aug. 6, 2021
4. Paying All Fines and Fees before Reenfranchisement
As of Aug. 5, 2021, 21 states allowed people with felony convictions who were on parole or probation to vote.The debate over whether people with felony convictions should have to pay all fines and fees before regaining the right to vote was reignited when Florida restricted reenfranchisement after citizens overwhelmingly passed an amendment to allow people convicted of felonies to vote after completion of their sentences.
PRO
Proponents of allowing people with felony convictions to vote before or without paying fines and fees state that the requirement amounts to a poll tax, which has racist connotations, and that the fines and fees are often exorbitant, especially for people just out of prison.
CON
Opponents of allowing people with felony convictions to vote before or without paying fines and fees state that the payment is part of the person’s to be completed before reenfranchisement, and that the person should pay their literal debt to society.
Read More about This Debate:
Sources:
ProCon.org, “Should People with Felony Convictions Have to Pay All Fines, Fees, and Restitutions Related to Their Conviction before Regaining Their Vote?,” procon.org, Aug. 6, 2021
5. Automatic Reenfranchisement
Several states have moved to make reenfranchisement automatic either after a person convicted of a felony has been released from prison or after completion of parole and probation. Other states require the person convicted of a felony to request reenfranchisement.
PRO
Proponents of automatic reenfranchisement for people with felony convictions state that voting is a right that should be easily regained and people should not have to jump through obscure hoops to register to vote.
CON
Opponents of automatic reenfranchisement for people with felony convictions state that people should have to prove that they are responsible citizens and complete voter registration steps themselves.
Read More about This Debate:
Sources:
ProCon.org, “Should People with Felony Convictions Automatically Regain the Right to Vote after Their Full Sentence Is Served?,” procon.org, Aug. 6, 2021
In 2020, an estimated 2.27% of the total American voting age population was disenfranchised due to a felony conviction. However, 6.26% of the Black population was disenfranchised due to a felony conviction.
PRO
Proponents of the idea that disenfranchising people is a form of racial discrimination point to the fact that more Black people are convicted of felonies and thus disenfranchised, and that disenfranchisement laws were formed from Jim Crow laws.
CON
Opponents of the idea that disenfranchising people is a form of racial discrimination state that disenfranchisement is simply a part of the punishment for committing a felony and the punishment is applied equally and fairly among those convicted.
Read More about This Debate:
Are Laws That Disenfranchise People with Felony Convictions a Form of Racial Discrimination?
Number of People by State Who Cannot Vote Due to a Felony Conviction
Sources:
ProCon.org, “Are Laws That Disenfranchise People with Felony Convictions a Form of Racial Discrimination?,” procon.org, Aug. 6, 2021
ProCon.org, “Number of People by State Who Cannot Vote Due to a Felony Conviction,” procon.org, July 30, 2021
Prison gerrymandering is the practice of counting prisoners as residents of the prison instead of as residents of their home addresses for US Census and other purposes.
PRO
Proponents of counting prisoners as residents of the prisons in which they are housed state that the prison jurisdictions are paying for services for the prisoners and should be compensated by counting the prisoners as residents, and that the Census counts people where they are in a literal sense at that point in time, not where they might be in the future.
CON
Opponents of counting prisoners as residents of the prisons in which they are housed state that the system warps the idea of “resident” because the prisoners are not benefitting from services or representation provided by the jurisdiction, and the practice inflates rural, white populations while disadvantaging urban populations of color.
Read More about This Debate:
Sources:
ProCon.org, “Should Incarcerated People Be Counted as Residents of the Jurisdiction in which the Prison/Jail Is Located?,” procon.org, Aug. 6, 2021
Social contract theory is the idea that, in order to function as a society, all of the members must adhere to an agreed upon contract or set of expectations.
PRO
Proponents of applying the social contract theory to disenfranchising people convicted of felonies state that criminals have broken the trust of their communities and should be punished appropriately until they can be trusted again to maintain the social contract.
CON
Opponents of applying the social contract theory to disenfranchising people convicted of felonies state that not everyone who breaks the social contract is disenfranchised and that the contract depends upon restoration of benefits in order to help the person reenter the contract.
Read More about This Debate:
Sources:
ProCon.org, “Does the Social Contract Theory Present a Valid Reason for the Disenfranchisement of People with Felony Convictions?,” procon.org, Aug. 6, 2021
9. No Taxation without Representation
The phrase no taxation without representation dates to the American Revolution to express complaints of American colonists against England. Many have used the phrase more recently in debates about statehood for DC and Puerto Rico, as well as voting rights for people with felony convictions.
PRO
Proponents of applying the argument of no taxation without representation to the disenfranchisement of people convicted of felonies state that adults who pay taxes should have the related benefits, including the right to vote, and denying the right is undemocratic.
CON
Opponents of applying the argument of no taxation without representation to the disenfranchisement of people convicted of felonies state that many people are taxed without having the ability to vote including minors who pay income taxes but are not old enough to vote.
Read More about This Debate:
Sources:
ProCon.org, “Does the Argument of No Taxation without Representation Justify Reenfranchising People with Felony Convictions?,” procon.org, Aug. 6, 2021
For the most part, voting rights are left to the states as a separation of federal and state power. Congress has the ability to enact some laws, such as the Voting Rights Act, that govern the ways in which states administer elections.
PRO
Proponents of the idea that Congress can reenfranchise people convicted of felonies despite state laws state that Congress can constitutionally enact a reenfranchisement law.
CON
Opponents of the idea that Congress can reenfranchise people convicted of felonies state that a constitutional amendment is needed. Or, that Congress should leave voting laws to states.
Read More about This Debate:
Sources:
ProCon.org, “Does the US Congress Have Authority to Legislate Enfranchisement of People with Felony Convictions in Federal Elections?,” procon.org, Aug. 6, 2021
