Felony disenfranchisement, state by state

217523Felony disenfranchisement has become a hot topic as election day looms, and rightfully so given the significant impact that conviction-based loss of voting rights has on the makeup of the electorate and the slim margins by which many national elections are decided.  In the perennial swing state of Florida, for example, over 10 percent of the entire adult population is barred from voting for life because of a felony conviction. Within that group lies an astounding 21.3 percent of the state’s African-American population.

Those numbers come from a new Sentencing Project report, 6 Million Lost Voters: State-Level Estimates of Felony Disenfranchisement, which attempts to determine just how many individuals are ineligible to vote because of a felony conviction in each state, and how those numbers have changed over time.  It estimates that 6.1 million individuals are ineligible to vote nationwide because of a felony conviction, and that 1 in 13 African-Americans are barred from the polls due to a conviction. 

Florida leads the nation in felony disenfranchisement, with Kentucky, Mississippi, and Tennessee close behind.  Kentucky and Virginia (another swing state) disenfranchise the largest share of their African-American population, at 26.2 percent and 21.9 percent, respectively, with Florida close behind at 21.3 percent.  The high level of disenfranchisement in these states is largely due to the fact that all but one (Tennessee) strip individuals convicted of felonies of their voting rights for life absent discretionary executive action. 

Even in states that restore the right to vote automatically, many convicted people assume they cannot vote and therefore do not register. 

The laws on felony disenfranchisement differ widely from state to state.  Our 50-state chart on the “Loss and Restoration of Civil Rights and Firearm Privileges” and our state-by-state profiles of restoration of rights provisions describe the law and policy on felony disenfranchisement in each state, as well as the mechanisms by which convicted individuals are restored to the franchise.  

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Felony Disenfranchisement: Setting the Record Straighter

Recently, a woman standing outside of a Berkeley grocery store asked if I wanted to register to vote. I asked her, “Can I vote if I’m on probation?” She looked at me with horror, gripped her clipboard, and physically recoiled from me and the cantaloupe I was holding. Once she regained some composure, she sincerely, confidently, and erroneously informed me that California’s laws prohibit voting while on probation.

That encounter inspired me to draft these goals for all of the voter registration advocates (including me!) working the sidewalks this election season:

1: Practice not physically recoiling in horror from people we encounter in life.

2: Learn the voting laws in our jurisdictions to avoid disenfranchisement through disinformation.

Each state has its own laws about voting following a felony conviction.  Two states never disenfranchise voters following conviction. (Hey, Maine! Hey, Vermont!) Some states permanently terminate the voting rights of outrageous numbers of its citizens: Florida’s draconian voting laws disenfranchise 10% of its total population. In 2000, Florida disenfranchised 600,000 citizens with felony convictions. That same year, its presidential race was decided by 537 votes.

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