Brief Felon Voting Rights

Restoration of Voting Rights for Felons

It has been common practice in the United States to make felons ineligible to vote, in some cases permanently. Over the last few decades, the general trend has been toward reinstating the right to vote at some point, although this is a state-by-state policy choice. (See "Recent State Actions" below for a chronology.) 

Currently, state approaches to felon disenfranchisement vary tremendously. NCSL has divided states into four categories, as detailed in Table 1 below.  

In all cases, "automatic restoration" does not mean voter registration is automatic. Typically, prison officials automatically inform election officials that an individual's rights have been restored. The person is then responsible for re-registering through normal processes. Some states, such as California, require voter registration information be provided to formerly incarcerated people.  

In summary: 

• In the District of Columbia, Maine and Vermont, felons never lose their right to vote, even while they are incarcerated.  
• In 23 states, felons lose their voting rights only while incarcerated, and receive automatic restoration upon release. Note that in Maryland, convictions for buying or selling votes can only be restored through pardon. 
• In 14 states, felons lose their voting rights during incarceration, and for a period of time after, typically while on parole and/or probation. Voting rights are automatically restored after this time period. Former felons may also have to pay any outstanding fines, fees or restitution before their rights are restored.  
• In 11 states, felons lose their voting rights indefinitely for some crimes, or require a governor’s pardon for voting rights to be restored, face an additional waiting period after completion of sentence (including parole and probation) or require additional action before voting rights can be restored. These states are listed in the fourth category on Table 1. Details on these states are found in Table 2 below. 

Recent State Actions

2023

• Minnesota passed HF 28 restoring voting rights to citizens on parole.  
• New Mexico passed H 4 restoring voting rights to citizens on parole.
• Tennessee's Supreme court issued a ruling requiring felons to get their voting rights restored by a judge or provide evidence that they were pardoned.
• Virginia Gov. Glenn Youngkin reversed the practice put in place by Gov. Ralph Northam and began requiring individuals to apply for rights restoration once again.
• Wyoming passed S 120 which automatically restores rights to citizens five years after completing their sentence, including probation and parole.

2021 

• Connecticut passed SB 1202 restoring voting rights to citizens on parole. 
• New York passed SB 830 restoring voting rights to citizens on parole. 
• Washington passed HB 1078 restoring voting rights to citizens on parole.  
• Virginia Gov. Ralph Northam announced an executive action that will allow any person released from incarceration to qualify to have their voting rights restored. 

2020 

• California voters passed Proposition 17 restoring voting rights to citizens on parole. 
• Washington, D.C., passed B 825 and joined Maine and Vermont in allowing convicted felons to vote while incarcerated.
• Iowa Gov. Kim Reynolds issued an executive order restoring the voting rights of felons who have served their sentences. It excludes certain categories of homicide and sexual abuse crimes from automatic restoration. The order does not condition restoration of rights on the payment of fines, fees or restitution to victims. 
• New Jersey enacted AB 5823, restoring the right to vote to people with a felony conviction upon release from prison and allowing people on parole or probation to vote. 

2019 

• Kentucky Gov. Andy 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. 
• Nevada enacted AB 431, restoring the right to vote to anyone convicted of a felony upon release from prison. Before this legislation, first-time, non-violent offenders could have rights restored upon completion of sentence but those that had committed a violent crime or two or more felonies had to petition a court to grant the restoration of civil rights. 
• Colorado enacted HB 1266 giving voting rights to individuals on parole, putting it in the category of states that only disenfranchise those who are in prison. 
• Washington enacted SB 5207 requiring that inmates are notified in writing of the process for restoration of voting rights before leaving the authority of the department of corrections. 
• Illinois enacted SB 2090 to require election authorities in a county with a population over 3 million to collaborate with the primary county jail where eligible voters are confined or detained to facilitate an opportunity for voting by mail for eligible voters. Illinois also enacted HB 2541 requiring the departments of corrections and juvenile justice to provide nonpartisan peer-led civics programs throughout the correctional institutions on voting rights, governmental institutions, current affairs, and simulations of voter registration, election and democratic processes.  
• Oklahoma HB 2253 clarified that persons convicted of a felony shall be "eligible to register to vote when they have fully served their sentence of court-mandated calendar days, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by the court."  
• In July, Florida Gov. Ron DeSantis signed SB 7066,which defined “completion of sentence” to include release from imprisonment, termination of any ordered probation, fulfillment of any terms ordered by the courts, termination of any ordered supervision, full payment of any ordered restitution and the full payment of any ordered fines, fees or costs. 

2018 

• Florida passed a citizen-initiated constitutional amendment to automatically restore the voting rights of felons after completion of their sentences (including parole and probation). Those convicted of murder or a felony sexual offense must still apply to the governor for voting rights restoration on a case-by-case basis. Before the amendment, anyone convicted of a felony had to have voting rights restored by a full pardon, conditional pardon, or restoration of civil rights by the governor. The Executive Clemency Board set the rules for restoration of civil rights, which at the time the amendment passed, included a five- or seven-year waiting period and a list of crimes for which an individual could never apply for rights restoration. 
• Colorado SB 150 permitted an individual on parole, who is otherwise eligible, to pre-register to vote. When the secretary of state receives notification that the individual has been released from parole, he/she is then registered to vote. 
• New York Gov. Andrew Cuomo issued an executive order removing the restriction on parolees voting. New York already allows those on probation to vote. The order may be challenged in court. 

2017 

• Alabama HB 282 provided a list of felonies that involve “moral turpitude” that disqualify a person from exercising his or her right to vote. Previously there was no comprehensive, authoritative source for defining a disenfranchising crime in Alabama. 
• Wyoming enacted HB75 automatically restoring the rights of nonviolent felons. 
• Louisiana enacted HB 168 improving reporting requirements between The Department of Public Safety and Corrections and the Department of State. 

2016 

• California passed legislation allowing those in county jails, but not state or federal prison, to vote while incarcerated. In 2017 California passed additional legislation requiring information be provided about voting rights restoration on the internet and in person to felons exiting prison. 
• Virginia Gov. 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.  
• Maryland enacted HB 980 and SB 340 (overriding a veto) so that voting rights are automatically restored after completion of the term of incarceration. 

2015 

• Outgoing Kentucky Gov. 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. The order was reversed by incoming Gov. Matt Bevin.  
• Wyoming enacted HB 15 requiring the department of corrections to issue a certification of the restoration of voting rights to certain nonviolent felons after completion of sentence. 

2013 

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

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. 

2011 

• The Florida Board of Executive Clemency (comprised 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 depending on the crime before applying to regain voting rights. 
• Iowa’s governor 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. 
• Tennessee enacted HB 1117, adding to the list of felons who are not eligible for automatic restoration. 

2009 

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

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.
• 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.