Felon Voting Rights

Please Note:  The following information is provided for background information only. NCSL is unable to assist in or offer advice on the restoration of voting rights. We recommend that anyone interested in obtaining specific information on how to regain voting rights contact election officials in the jurisdiction where the person wishes to register and vote. To find contact information for your local election official click here.

Background and History

The idea of taking away a criminal's right to vote has been around since ancient Greece and Rome. A condition called "civil death" in Europe involved the forfeiture of property, the loss of the right to appear in court, and a prohibition on entering into contracts, as well as the loss of voting rights. Civil death was brought to America by English colonists, but most aspects of it were eventually abolished, leaving only felon disenfranchisement intact in some parts of modern America.

Categories of Disenfranchisement

State approaches to felon disenfranchisement vary tremendously. In Maine and Vermont, felons never lose their right to vote, even while they are incarcerated. In Florida, Iowa and Virginia, felons and ex-felons permanently lose their right to vote. Virginia and Florida have supplementary programs which facilitate gubernatorial pardons. The remaining states each have their own approaches to the issue.

• In 38 states and the District of Columbia, most ex-felons automatically gain the right to vote upon the completion of their sentence.
• In some states, ex-felons must wait for a certain period of time after the completion of their sentence before rights can be restored.
• In some states, an ex-felon must apply to have voting rights restored.

*First time offenders have rights restored upon completion of sentence. Repeat offenders must have them restored through pardon.

**Convictions for buying or selling votes can only be restored through pardon.

***Rights restored after two year waiting period after completion of sentence.

****Rights are restored upon completition of sentence for first time felon offenders convicted of less serious crimes. Others must do so through court action or pardon.

*****In 2015, Wyoming restored rights to those convicted of non-violent felonies upon completion of sentence.

Barriers to the Restoration of Rights

Even in states where ex-offenders automatically regain the right to vote upon completion of their sentence, the process of re-registering to vote often is difficult. One reason is the complexity of the laws and processes surrounding disenfranchisement. In some cases, it is difficult to determine whose rights can be restored. This can vary in some states according to the date of the crime, the conviction, or the release from prison, or the nature of the crime. The complex restoration process also can be daunting. It often involves lengthy paperwork, burdensome documentation, and the involvement and coordination of several state agencies.

A second barrier to restoration of voting rights for ex-offenders is the often inconsistent communication among agencies. The methods of communicating the loss and restoration of voting rights among courts, corrections and elections officials are not always reliable, timely or consistent. This inconsistency can result in uneven application of the law, even when the laws are clear. Another barrier is lack of information. Ex-offenders sometimes are not aware that they regain their voting rights automatically upon completion of their sentence. They go through life believing they cannot vote when, in fact, they can. In other cases, they are not informed of the process for regaining their rights or offered assistance in doing so. As long as they remain ignorant of the necessary steps, ex-offenders cannot begin the process of regaining voting rights.

A final obstacle is under-funding of parole boards in some states where offenders must apply to have their rights restored. A massive backlog of applications can exist because the agencies do not have adequate staff or resources to process them in a timely manner. 

Recent State Action

Most--though not all--recent state legislation seeks to expand felon voting rights and ease the process of restoration. Between 1996 and 2008, 28 states passed new laws on felon voting rights.

• Seven repealed lifetime disenfranchisement laws, at least for some ex-offenders.
• Two gave probationers the right to vote.
• Seven improved data-sharing procedures among state agencies.
• Nine passed requirements that ex-offenders be given information and/or assistance in regaining their voting rights at the time they complete their sentence.
• Twelve simplified the process for regaining voting rights, for instance, by eliminating a waiting period or streamlining the paperwork process.

Since 2008:

In 2016, Virginia Governor Terry McAuliffe announced an executive order automatically restoring voting rights to convicted felons who have completed their prison sentence and their term of supervised release (parole or probation) as of April 22. This decision was a source of contention with the legislature. In July 2016, the Virginia Supreme Court overturned the order. 

In 2016, the Maryland Legislature voted to override Governor Larry Hogan's veto of two bills (HB 980 and SB 340) that will restore voting rights to individuals after completion of term of incarceration, effective March 10.

In 2015, outgoing Kentucky Governor Steve Beshear signed an executive order to automatically restore the right to vote (and to hold public office) to certain offenders, excluding those who were convicted of violent crimes, sex crimes, bribery, or treason. However the order was reversed by incoming Governor Matt Bevin as one of his first acts in office. Bevin’s order does not retroactively affect felons who, between Nov. 24 and Dec. 22, 2015, received a certificate from the state Department of Corrections confirming their restoration of rights.

In 2015, Wyoming enacted HB 15 requiring the department of corrections to issue a certification of restoration of voting rights to certain non-violent felons after completion of sentence.

In 2013, Delaware eliminated the five-year waiting period before voting rights are restored. In Virginia, then-Governor McDonnell signed an executive order creating new rights restoration processes for persons with prior felony convictions.

In 2012, South Dakota mandated that felons on probation would not have voting rights restored. Previously, only felons on parole or incarcerated had their voting rights suspended.

In 2011, the Florida Board of Executive Clemency (composed of the governor and three cabinet members) reversed a 2007 policy change that automatically restored voting rights to non-violent offenders upon the completion of their sentence. The new policy requires that all ex-felons wait between five and seven years before applying to regain voting rights.

In Iowa, the governor in 2011 reversed an executive order issued in 2005 under the previous governor. The 2005 order automatically restored the voting rights of all ex-felons, but under the 2011 order they will now have to apply to regain rights.

In 2011 in Tennessee, HB 1117 was enacted, adding to the list of felons who will not be eligible to vote again

In 2009, Washington restored the right to vote to felons who completed their sentences, while requiring them to re-register to vote.

For more detailed information on state legislation dealing with the voting rights of convicted felons, visit NCSL's 2011-current Election Legislation Database and select the subtopic "Voters-Felon Voting Rights." For legislation from the period 2001-2010, visit NCSL's 2001-2010 Election Legislation Database.

Additional Resources

• If you're seeking general information on state policies regarding felon voting rights, please contact NCSL's elections team for more information by email or at 303-364-7700.
• If you're looking for information on how you or someone else can regain the right to vote, NCSL is regretfully unable to help with or offer advice on this process. We suggest that you contact election officials in the appropriate jurisdiction to get the most current and accurate information available, and we wish you the best of luck!
• The Sentencing Project is an advocacy group that offers information on felon disenfranchisement in the states.
• The Restoration of Rights Project, from the National Association of Criminal Defense Lawyers, also provides assistance on felon disenfranchisement.
• If you are seeking information on the process to regain voting rights, please contact an election official in the jurisdiction where you wish to register and vote.