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Felony Disenfranchisement Laws in The US
Felony Disenfranchisement Laws in The US
Felony Disenfranchisement Laws in The US
Felony Disenfranchisement
Since the founding of the country, most states in the U.S. have enacted laws disenfranchising people
currently or previously having been convicted of a felony. In the last 40 years, due to the dramatic expansion
of the criminal justice system, these laws have significantly affected the political voice of many American
communities. The momentum toward reform of these policies has been based on a reconsideration of their
wisdom in meeting legitimate correctional objectives and the interests of full democratic participation.
• Each state has developed its own process of restoring voting rights to ex-offenders, but most of these
restoration processes are so cumbersome that relatively few persons are able to take advantage of
them.
The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org 1
FACT SHEET: FELONY DISENFRANCHISEMENT
The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org 2
FACT SHEET: FELONY DISENFRANCHISEMENT
VIRGINIA
NEW MEXICO In 2001, the Legislature
adopted a bill repealing the The Virginia legislature
state’s lifetime ban on ex-felon passed a law in 2000 enabling
voting. In 2005, a bill was passed certain ex-felons to apply
that requires the Department to the circuit court for the restoration of
of Corrections to provide their voting rights five years after the completion
notification of completion of of their sentence; those convicted of felony drug
sentence to the Secretary of offenses must wait seven years after completion.
State’s office. In 2013, Governor McDonnell adopted a policy of
rights restoration for non-violent ex-felons without
RHODE requiring an application.
In 2006, Rhode Island voters
ISLAND approved a referendum to amend
the state constitution and restore In 2009, Governor Gregoire
voting rights to persons currently serving a sentence signed a bill that eliminated
of probation or parole. the requirement of paying all
fines, fees, and restitution before
In 2006, the Tennessee WASHINGTON regaining the right to vote.
legislature amended the
country’s most complex
In 2003, Governor Freudenthal
TENNESSEE restoration system by greatly signed a bill to allow people
simplifying the procedure. All
persons convicted of a felony (except electoral or convicted of a non-violent first-
serious violent offenses) are now eligible to have their time felony to apply for restoration
right to vote restored upon completion of sentence of voting rights five years
and may apply for a “certificate of restoration” from WYOMING after completion of sentence.
the Board of Probation and Parole. All applicants
must also satisfy any court-ordered restitution or
Sources: Jamie Fellner and Marc Mauer, Losing the Vote: The
child support obligations.
Impact of Felony Disenfranchisement Laws in the United States,
Human Rights Watch, The Sentencing Project, October
In 1997, the Texas Legislature
1998; Nicole D. Porter, Expanding the Vote: State Felony
passed a bill, signed
Disenfranchisement Reform, 1997-2010, The Sentencing
by Governor George
Project, October 2010, updates by The Sentencing Project,
W. Bush, eliminating
and Jeff Manza and Christopher Uggen, Locked Out: Felony
the two-year waiting
Disenfranchisement and American Democracy, 2006.
period after completion
of sentence before
TEXAS individuals can regain their
right to vote.
The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org 3
FACT SHEET: FELONY DISENFRANCHISEMENT
The Sentencing Project • 1705 DeSales Street NW, 8th Floor • Washington, D.C. 20036 • sentencingproject.org 4