Council passed an emergency bill that authorized all incarcerated residents with a felony conviction to vote in the November election. The Council intends to make the change permanent. Twenty-seven U. In the most extreme cases, 11 states continue to deny voting rights to some or all of the individuals who have successfully fulfilled their prison, parole, or probation sentences. In addition to Florida, other states partly condition reenfranchisement on payment of outstanding fines, fees, court costs, and restitution.
Connecticut requires payment of fines for out-of-state and federal convictions; Arkansas requires payment of court costs, fines, and restitution; Georgia requires payment of fines; Kansas requires payment of restitution and fines; South Dakota requires payment of fines, fees, and restitution; and Texas requires payment of fines. Three states in addition to Florida condition eligibility for reenfranchisement on payment of some or all legal financial obligations.
Alabama conditions reenfranchisement after a first felony on payment of fines, fees, court costs, and victim restitution; Arizona conditions restoration after a first felony on payment of restitution; and Tennessee conditions restoration on payment of restitution, court costs unless a finding of indigency was made , and child support. The scope and enforcement of such restrictions varies greatly across these states, such that we cannot provide firm estimates on the number of people impacted.
Nevertheless, they serve as an additional driver of disenfranchisement, above and beyond the restrictions reported in Table 1 and the numbers reported in Tables 3, 4, and 5. We estimated the number of people released from prison and those who have completed their terms of parole or probation based on demographic life tables for each state, as described in Uggen, Manza, and Thompson and Shannon et al.
For example, some states impose disenfranchisement for two years after release from supervision, some states only disenfranchise those convicted of multiple felonies, and some only disenfranchise those convicted of violent offenses. According to reports by the Bureau of Justice Statistics, only about 50 percent of Florida probationers successfully complete probation. In light of this, we reduce the annual current disenfranchised felony probation numbers by 40 percent and individuals disenfranchised post-sentence by 20 percent.
In brief, we compiled demographic life tables for the years to determine the number of released individuals lost to recidivism and therefore already included in our annual head counts and to mortality each year.
This allows us to estimate the number of individuals who have completed their sentences in a given state and year who are no longer under correctional supervision yet remain disenfranchised. Because data on correctional populations are currently available only through year-end , we extended state-specific trends from to obtain estimates for Our duration-specific recidivism rate estimates are derived from large-scale national studies of recidivism for people released from prison or on probation.
Based on these studies, our models assume that most released individuals will be re-incarcerated 66 percent and a smaller percentage of those on probation or in jail 57 percent will cycle back through the criminal justice system. We also assume a substantially higher mortality rate for people convicted of felony offenses relative to the rest of the population. Both recidivists and deaths are removed from the post-sentence pool to avoid overestimating the number of individuals in the population who have completed their sentences.
Each release cohort is thus reduced each successive year — at a level commensurate with the age-adjusted hazard rate for mortality and duration-adjusted hazard rate for recidivism — and added to each new cohort of releases. Overall, we produced more than spreadsheets covering 72 years of data. These provide the figures needed to compile disenfranchisement rate estimates that are keyed to the appropriate correctional populations for each state and year.
Where available, we used data from state departments of corrections rather than national sources, as in the case of Minnesota. We determined the median age of released prisoners based on annual data from the National Corrections Reporting Program.
Although rearrest rates have increased since , the overall reconviction and reincarceration rates used for this study are much more stable Langan and Levin , p. For those on probation or in jail, the corresponding three-year failure rate is 36 percent, meaning that individuals are in prison or jail and therefore counted in a different population. To extend the analysis to subsequent years, we calculated a trend line using the ratio of increases provided by Hoffman and Stone-Meierhoefer on federal prisoners.
By year 10, we estimate a Because these estimates are higher than most long-term recidivism studies, they are likely to yield conservative estimates of the formerly incarcerated population. We apply the same trend line to the 3-year probation and jail recidivism rate of 36 percent; by year 62, the recidivism rate is Figure 1 shows the distribution of the 5,, disenfranchised individuals across correctional populations.
People currently in prison and jail now represent about one-fourth 25 percent of those disenfranchised. Our intent here is to provide a portrait of disenfranchisement that would be accurate as of the November election, though we stress that much of the data we report are based on estimates rather than head counts. Due to differences in state laws and rates of criminal punishment, states vary widely in the practice of disenfranchisement.
These maps and tables represent the disenfranchised population as a percentage of the adult voting eligible population in each state. As noted, we estimate that 5,, Americans are currently ineligible to vote by state law.
As Figure 2 and the statistics in Table 3 show, state-level disenfranchisement rates in varied from 0. These figures reflect significant but uneven change in recent decades. Although half of the states have scaled back voting restrictions for people with felony convictions, the others have retained such restrictions and their disenfranchised populations have increased commensurate with the expansion of the criminal legal system.
The cartogram in Figure 3 provides another way to visualize the impact of these policies by highlighting the large regional differences in felony disenfranchisement laws. Cartograms distort the land area on the map under an alternative statistic, in this case the total felony disenfranchisement rate.
Southeastern states appear bloated because they disenfranchise hundreds of thousands of people who have completed their sentences. In contrast, the many Northeastern and Midwestern states shrink because they limit disenfranchisement to individuals currently in prison, or not at all.
This distorted map thus provides a clear visual representation of the great range of differences in the scope and impact of felony disenfranchisement across the 50 states. Figure 4 illustrates the historical trend in U.
The number disenfranchised dropped from approximately 1. Many states have pared back their disenfranchisement provisions since the s see Behrens, Uggen, and Manza, ; Manza and Uggen, Nevertheless, the total number banned from voting continued to rise with the significant expansion in U. The total disenfranchised population rose from 3. Today, we estimate that 5. Roughly the same number of voters will be disenfranchised in the presidential election as in Disenfranchisement rates vary widely across racial and ethnic groups; felony disenfranchisement provisions have an outsized impact on communities of color.
Ethnicity data in particular have not been consistently collected or reported in the data sources used to compile our estimates, so our ability to construct these estimates is limited. This is especially the case for Latinx populations, who now constitute a significant portion of criminal justice populations.
Race data on criminal justice populations is more complete, and we have used the most recent data available from the Bureau of Justice Statistics to develop a complete set of state specific disenfranchisement estimates for the African American voting eligible population.
Figure 5 shows the corresponding rates for African American disenfranchisement rates in Tennessee and Wyoming now exceed 20 percent of the adult voting age population. Data are limited regarding ethnicity, but more states are now consistently reporting Latinx or Hispanic ethnicity for justice-involved populations.
We therefore compiled estimates for these populations but present them with the caveat that these figures likely undercount the true rate of Latinx disenfranchisement in many states. Although data on Latinx ethnicity in correctional populations are still unevenly reported, we can conservatively estimate that over , Latinx Americans over 2 percent of the voting eligible population are disenfranchised.
In Arizona and Tennessee over 7 percent of the Latinx voters are disenfranchised due to felony-level convictions. Illinois Kansas Iowa 6 Iowa — In , Governor Reynolds signed an executive order restoring voting rights to people who have completed their sentences, except for those convicted of homicide. This follows previous executive orders from Governor Vilsack restoring voting rights to individuals who had completed their sentences in and Governor Branstad reversing this executive order in Indiana Louisiana 7 Louisiana — In , authorized voting for residents under an order of imprisonment for a felony who have not been incarcerated for five years, including those on probation and parole.
Kentucky 8 Kentucky — In , Governor A. Beshear issued an executive order restoring voting rights to those who had completed sentences for nonviolent offenses. This follows a similar executive order by Governor S. Beshear, which had been rescinded by Governor Bevin later that year. Maryland Minnesota Mississippi 9 Mississippi — Permanently disenfranchises individuals convicted of certain offenses.
Massachusetts Missouri Nebraska 10 Nebraska — In , Reduced its indefinite ban on post-sentence voting to a two-year waiting period. Michigan New Mexico Tennessee 11 Tennessee — Disenfranchises those convicted of certain felonies since , in addition to those convicted of select crimes prior to Others must apply to the Board of Probation and Parole for restoration.
Montana North Carolina Virginia 12 Virginia — In , Governor Northam reported that his administration has restored voting rights to 22, Virginians previously convicted of felonies. Governor McAuliffe had earlier restored rights to , Nevada Oklahoma Wyoming 13 Wyoming — In , restored voting rights after five years to people who complete sentences for first-time, non-violent felony convictions.
The change will take effect on January 1, Washington House Bill Download PDF. Related Posts publications. Nicole D. The Pennsylvania General Assembly is considering ending lifetime parole supervision. Nazgol Ghandnoosh, Ph. Arizona 3 Arizona — Permanently disenfranchises persons with two or more felony convictions. Delaware 4 Delaware — In , removed the five-year waiting period to regain voting eligibility.
Florida 5 Florida — In , voters passed an amendment to restore voting rights to most people after sentence completion. Iowa 6 Iowa — In , Governor Reynolds signed an executive order restoring voting rights to people who have completed their sentences, except for those convicted of homicide.
Louisiana 7 Louisiana — In , authorized voting for residents under an order of imprisonment for a felony who have not been incarcerated for five years, including those on probation and parole. Mississippi 9 Mississippi — Permanently disenfranchises individuals convicted of certain offenses. Nebraska 10 Nebraska — In , Reduced its indefinite ban on post-sentence voting to a two-year waiting period.
Tennessee 11 Tennessee — Disenfranchises those convicted of certain felonies since , in addition to those convicted of select crimes prior to Virginia 12 Virginia — In , Governor Northam reported that his administration has restored voting rights to 22, Virginians previously convicted of felonies.
Wyoming 13 Wyoming — In , restored voting rights after five years to people who complete sentences for first-time, non-violent felony convictions.
Washington 14 In , Washington passed legislation to restore voting rights to people on probation and parole. Streamlined restoration for most persons upon completion of sentence ; codified list of felony offenses that result in disenfranchisement Removed requirement to pay outstanding fines before rights are automatically restored for people convicted of first-time felony offenses after completion of court-imposed sentence Restored voting rights to people convicted of a felony offense housed in jail, but not in prison ; Restored voting rights for people on parole Restored voting rights to persons on probation ; repealed requirement to present proof of restoration in order to register after completing a prison term or parole ; restored voting rights to people on parole Repealed lifetime disenfranchisement, replaced with five-year waiting period for persons convicted of most offenses ; repealed five-year waiting period for most offenses ; Eliminated requirement that people pay all legal financial obligations after completion of their sentence to regain voting rights Simplified clemency process , ; adopted requirement for county jail officials to assist with restoration ; reversed modification in clemency process ; Restored voting rights to most residents after sentence completion ; Passed legislation requiring persons to pay all legal financial obligations after completion of court-imposed prison, probation, or parole sentence to have voting rights restored Codified data sharing procedures for removal and restoration process for people who have completed a prison term Restored voting rights post-sentence via executive order ; rescinded executive order ; simplified application process ; restored voting rights to people who have completed their sentences, except for those convicted of homicide, by executive order Simplified restoration process , ; restricted restoration process , amended in ; restored voting rights post-sentence for non-violent felony convictions via executive order ; rescinded executive order ; restored voting rights post-sentence for non-violent felony convictions via executive order Required Department of Public Safety and Corrections to provide notification of rights restoration process ; Authorized voting for residents who have not been incarcerated for five years including persons on felony probation or parole Repealed lifetime disenfranchisement ; restored voting rights to persons on probation and parole Repealed five-year waiting period ; restored voting rights to persons convicted of first-time non-violent offenses ; Restored voting rights to people dishonorably discharged from probation or parole, allowed people convicted of category B offenses to have their rights restored after two-year waiting period ; Restored voting rights to persons on probation and parole Established procedures requiring state criminal justice agencies to notify persons of their voting rights when released ; restored voting rights to persons on probation and parole Repealed lifetime disenfranchisement by restoring voting rights to people upon completion of sentence ; codified data sharing procedures, certificate of completion provided after sentence Required criminal justice agencies to provide voting rights information to persons who are again eligible to vote after a felony conviction ; restored voting rights to persons on parole via executive order ; passed bill restoring voting rights to persons on parole Required state agencies to establish a process whereby individuals will be notified when their voting rights are restored upon completion of sentence Established new procedures to provide training and develop voter education curriculum to protect the voting rights of citizens with certain felony convictions ; revoked voting rights for persons on felony probation Clarified state law pertaining to federal and out-of-state convictions, re-enfranchising people residing in Utah but convicted out-of-state or in federal courts Required notification of rights and restoration process by Department of Corrections ; streamlined restoration process ; decreased waiting period for non-violent offenses from three years to two years and established a day deadline to process voting rights restoration applications ; eliminated waiting period and application for non-violent offenses ; restored voting rights post-sentence via executive order ; restored voting rights to over 69, people who have completed their prison sentences but are still on probation via executive order Restored voting rights for persons who exit the criminal justice system but still have outstanding financial obligations ; restored voting rights to people on probation and parole — bill takes effect in Restored voting rights to persons convicted of first-time non-violent offenses ; authorized automatic rights restoration for persons convicted of first-time non-violent felony offenses who apply and receive a certificate of voting rights restoration ; removed application process and automatically restored voting rights to persons convicted of first-time non-violent felony offenses who have completed their community supervision Uggen, C.
Arizona — Permanently disenfranchises persons with two or more felony convictions. Delaware — In , removed the five-year waiting period to regain voting eligibility. Florida — In , voters passed an amendment to restore voting rights to most people after sentence completion.
Iowa — In , Governor Reynolds signed an executive order restoring voting rights to people who have completed their sentences, except for those convicted of homicide. Louisiana — In , authorized voting for residents under an order of imprisonment for a felony who have not been incarcerated for five years, including those on probation and parole. Kentucky — In , Governor A. Jump to navigation Skip navigation.
A patchwork of state felony disfranchisement laws, varying in severity from state to state, prevent approximately 5. Confusion about and misapplication of these laws de facto disenfranchise countless other Americans. Most people with felonies can vote after completing probation, parole, and any special sentencing. First-time felony offenders convicted of non-violent offenses may submit a written request for automatic restoration of voting rights upon completion of sentence, including probation and parole.
People in prison and on parole cannot vote. All other people with criminal convictions, including people on probation, can vote. First-time felony offenders other than firearms-related offenses have voting rights restored automatically upon completion of sentence, including probation, or an unconditional discharge, and payment of restitutions. Persons previously convicted of another felony, or who have not paid restitution, cannot vote unless their civil rights are restored by the judge who discharges them at the end of the term of probation, or unless they submit a successful petition to a court to restore their rights.
Those convicted of murder, rape, treason, or voter fraud are permanently disenfranchised, absent a pardon. Applicants must have paid all court-ordered fines, fees and restitution and, if applicable, must be current in child support payments. Persons convicted of the following felonies cannot vote unless they are pardoned by the governor, or by a two-thirds vote of both houses of the legislature: murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy.
Most in these categories can apply for a Certificate of Eligibility to Register to Vote CERV through an expedited process, but some will require a full pardon. Those convicted of murder or a felony sexual offense cannot vote and must still apply to the governor for restoration. Those convicted of other offenses have their voting rights automatically restored upon completion of their sentences including parole and probation.
This change is subject to ongoing litigation. In December , Governor Beshear signed an executive order restoring the right to vote for more than , Kentuckians who have completed their sentences for nonviolent felonies other than treason or election bribery related convictions.
Those not meeting these criteria, or convicted of federal felonies, or felonies in other states, may still petition for restoration from the Governor. Beginning in , then-Governor McAuliffe has processed individual restorations on a monthly basis, automatically restoring voting rights to those convicted of felonies who have completed their sentences.
The current Governor has continued this practice. People in prison cannot vote. Felony Disenfranchisement Laws Map. Click any highlighted state to learn more. Map Data: Show map data Scroll for details on each state. Iowa Some people with felony convictions cannot vote.
Wyoming Some people with felony convictions cannot vote.
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