Jump to content

Felony disenfranchisement in the United States

Add links
From Wikipedia, the free encyclopedia
Disenfranchisement laws per US State based on felony conviction as of May 2023.

In the United States, a person may have their voting rights suspended or withdrawn due to the conviction of a criminal offense. The actual class of crimes that results in disenfranchisement vary between jurisdictions, but most commonly classed as felonies, or may be based on a certain period of incarceration or other penalty. In some jurisdictions disfranchisement is permanent, while in others suffrage is restored after a person has served a sentence, or completed parole or probation.[1] Felony disenfranchisement is one among the collateral consequences of criminal conviction and the loss of rights due to conviction for criminal offense.[2] In 2016, 6.1 million individuals were disenfranchised on account of a conviction, 2.47% of voting-age citizens. As of October 2020, it was estimated that 5.1 million voting-age US citizens were disenfranchised for the 2020 presidential election on account of a felony conviction, 1 in 44 citizens.[3] As suffrage rights are generally bestowed by state law, state felony disenfranchisement laws also apply to elections to federal offices.

Proponents have argued that persons who commit felonies have broken the social contract, and have thereby given up their right to participate in a civil society. Some argue that felons have shown poor judgment, and that they should therefore not have a voice in the political decision-making process.[4] Opponents have argued that such disfranchisement restricts and conflicts with principles of universal suffrage.[5] It can affect civic and communal participation in general.[1] Opponents argue that felony disenfranchisement can create political incentives to skew criminal law in favor of disproportionately targeting groups who are political opponents of those who hold power.

Many states adopted felon voting bans in the 1860s and 1870s, at the same time that voting rights for black citizens were being considered and contested. Scholars have linked the origins and intents of many state felon voting bans to racial discrimination.[6][7][8] In some states, legislators have been accused of specifically tailoring felon voting bans to purposely and disproportionately target African Americans, for example, by targeting minor crimes more common among these citizens while allowing felons who committed more serious crimes (such as murder) to vote.[9][10]

History

[edit]
Part of the Politics series
Voting
Balloting
Ballots
Candidates and Ballot measures
Collection
Counting
Electoral systems
Plurality and majoritarian systems
Proportional and semi-proportional systems
Mixed-member systems
Voting strategies
Protest votes
Voting patterns and effects
Protest votes
Electoral fraud and prevention
Prevention
icon Politics portal
Main article: Disenfranchisement

The first US felony provisions were introduced in 1792 in Kentucky,[11] although the first actual law disenfranchising felons was introduced by Connecticut in 1818.[12] By 1840, four states[a] had felony disenfranchisement policies. By the American Civil War, about 24 states had some form of felony disenfranchisement policy or similar provision in the state constitution, although only eighteen actually disenfranchised felons.[b][13] The Fourteenth Amendment was adopted in 1868, and by 1870 the number had increased to 28 (out of 38 states).[13]

The surge of felony disenfranchisement laws after the Civil War led many to conclude that the laws were implemented as part of a strategy to disenfranchise blacks, especially as the policy was expanded in conjunction with the Black Codes, which established severe penalties for petty crimes and especially targeted black Americans.[14]

As of 2018, most U.S. states had policies to restore voting rights upon completion of a sentence. Only a couple states — Iowa, and Virginia specifically — permanently disenfranchised a felony convict and 6 other states limited restoration based on crimes of "moral turpitude".[15]

The US Supreme Court in Richardson v. Ramirez (1974),[16] interpreted section 2 of the Fourteenth Amendment as permitting states to disenfranchise convicted criminals, leaving them to decide which crimes would be grounds for disenfranchisement, which are not restricted to felonies, though in most cases they do.[citation needed] Felons who have completed their sentences are allowed to vote in most states. Between 1996 and 2008, 28 states changed their laws on felon voting rights, mostly to restore rights or to simplify the process of restoration.[17] Since 2008, state laws have continued to shift, both curtailing and restoring voter rights, sometimes over short periods of time within the same state.[17]

Recent statistics

[edit]

As of 2008, over 5.3 million people in the United States were denied the right to vote due to felony disenfranchisement.[18] In the national elections in 2012, the various state felony disenfranchisement laws together blocked an estimated 5.85 million felons from voting, up from 1.2 million in 1976. This comprised 2.5% of the potential voters in general. The state with the highest number of disenfranchised voters was Florida, with 1.5 million disenfranchised[19] because of a current or previous felony conviction, over 10% of the voting age citizens, including the 774,000 disenfranchised only because of outstanding financial obligations. In October 2020, it was estimated that 5.1 million citizens were disenfranchised for the 2020 presidential election on account of a felony conviction, 1 in 44 citizens.[3]

  Less than 0.5%
  0.5–1%
  1.5–2.5%
  2.5–3.5%
  3.5–4.5%
  4.5–5.5%
  5.5–8.5%
  8.5–9.5%
  More than 9.5%
2016 estimates of disenfranchised individuals with felony convictions[20]
State In prison On parole On felony
probation		 In jail Post-sentence Total Voting age
population		 Percent
 Alabama 30,585 6,580 15,626 1,578 231,896 286,266 3,755,483 7.62%
 Alaska 5,497 2,035 6,900 7 - 14,439 552,166 2.61%
 Arizona 44,509 7,241 51,362 1,341 116,717 221,170 5,205,215 4.25%
 Arkansas 19,224 21,811 24,695 975 - 66,705 2,272,904 2.93%
 California 136,302 86,254 - - - 222,557 30,023,902 0.74%
 Colorado 21,207 8,673 - 1,066 - 30,946 4,199,509 0.74%
 Connecticut 14,926 2,419 - - - 17,345 2,826,827 0.61%
 Delaware 6,858 716 4,074 - 4,067 15,716 741,548 2.12%
 Florida 102,555 4,208 86,886 4,822 1,487,847 1,686,318 16,166,143 10.43%
 Georgia 50,900 23,545 170,194 4,112 - 248,751 7,710,688 3.23%
 Hawaii 6,364 - - - - 6,364 1,120,770 0.57%
 Idaho 7,873 5,057 9,863 314 - 23,206 1,222,093 1.89%
 Illinois 47,537 - - 2,089 - 49,625 9,901,322 0.50%
 Iowa 9,127 6,133 12,365 410 23,976 52,012 2,395,103 2.17%
 Indiana 28,028 - - 1,630 - 29,658 5,040,224 0.59%
 Kansas 9,466 4,023 3,426 679 - 17,594 2,192,084 0.80%
 Kentucky 22,968 16,729 27,323 2,039 242,987 312,046 3,413,425 9.14%
 Louisiana 35,614 31,450 37,761 3,211 - 108,035 3,555,911 3.04%
 Maine - - - - - - 1,072,948 0.00%
 Maryland 20,378 - - 1,087 - 21,465 4,658,175 0.46%
 Massachusetts 10,254 - - 921 - 11,176 5,407,335 0.21%
 Michigan 42,661 - - 1,560 - 44,221 7,715,272 0.57%
 Minnesota 11,369 8,148 43,215 608 - 63,340 4,205,207 1.51%
 Mississippi 13,752 8,051 28,463 1,422 166,494 218,181 2,265,485 9.63%
 Missouri 32,768 16,808 38,870 1,219 - 89,665 4,692,196 1.91%
 Montana 3,816 - - 330 - 4,146 806,529 0.51%
 North Carolina 37,446 10,977 40,867 1,888 - 91,179 7,752,234 1.18%
 North Dakota 2,042 - - 136 - 2,178 583,001 0.37%
 Nebraska 6,377 782 2,952 384 7,069 17,564 1,425,853 1.23%
 Nevada 11,560 6,828 8,097 701 62,080 89,267 2,221,681 4.02%
 New Hampshire 2,856 - - 175 - 3,031 1,066,610 0.28%
 New Jersey 19,964 14,831 58,123 1,396 - 94,315 6,959,192 1.36%
 New Mexico 7,205 2,838 13,352 891 - 24,286 1,588,201 1.53%
 New York 50,513 44,590 - 2,477 - 97,581 15,584,974 0.63%
 Ohio 51,102 - - 1,736 - 52,837 8,984,946 0.59%
 Oklahoma 27,857 2,572 26,475 1,398 - 58,302 2,950,017 1.98%
 Oregon 14,228 - - 519 - 14,748 3,166,121 0.47%
 Pennsylvania 49,269 - - 3,705 - 52,974 10,112,229 0.52%
 Rhode Island 3,355 - - - - 3,355 845,254 0.40%
 South Carolina 20,141 4,621 21,464 1,011 - 47,238 3,804,558 1.24%
 South Dakota 3,464 2,643 4,114 170 - 10,392 647,145 1.61%
 Tennessee 29,271 13,186 52,654 2,763 323,354 421,224 5,102,688 8.26%
 Texas 161,658 111,632 216,033 6,605 - 495,928 20,257,343 2.45%
 Utah 6,925 - - 744 - 7,669 2,083,423 0.37%
 Vermont - - - - - - 506,119 0.00%
 Virginia 38,694 1,604 56,908 2,905 408,570 508,680 6,512,571 7.81%
 Washington 18,395 3,811 25,164 1,182 - 48,552 5,558,509 0.87%
 West Virginia 7,042 3,187 4,109 389 - 14,727 1,464,532 1.01%
 Wisconsin 22,851 19,537 22,101 1,118 - 65,606 4,476,711 1.47%
 Wyoming 2,536 607 3,148 141 17,414 23,847 447,212 5.33%
Total 1,329,288 504,127 1,116,585 63,855 3,092,471 6,106,327 247,219,588 2.47%

Reform efforts

[edit]

Challenges to felony disenfranchisement laws began in the 1950s as part of the effort of advocating for a shift from retribution to rehabilitation in the American penal system.[21] After the latter part of the 1950s, the ratio of states disenfranchising those convicted of crimes decreased; in the twentieth century, some categories of felons were disenfranchised while others were not and several state laws were revised to provide a broader criminal coverage.[22] Disenfranchisement laws have been amended, since 1997, by 23 states. These reforms take three forms: repeal of lifetime disenfranchisement laws; expansion of voting rights; and simplification of the process of restoring voting rights post-incarceration.[23]

In 2002, Representative Maxine Waters (D, CA) introduced H.R.2830, the Voting Restoration Act, to congress.[24]

From 1997 to 2008, there was a trend to lift the disenfranchisement restrictions, or simplify the procedures for applying for the restoration of civil rights for people who had fulfilled their punishments for felonies. As a result, in 2008, more than a half-million people had the right to vote who would have been disenfranchised under prior restrictions.[25]

Felony disenfranchisement was a topic of debate during the 2012 Republican presidential primary. Primary candidate Rick Santorum from Pennsylvania argued for the restoration of voting rights for convicted felons who had completed sentences and parole or probation.[26] Santorum's position was attacked and distorted by Mitt Romney, who alleged that Santorum supported voting rights for felons while incarcerated.[26][27] Former President Barack Obama supports voting rights for ex-offenders.[28]

In a report submitted to the United Nations Human Rights Committee in 2013, a coalition of non-profit civil rights and criminal justice organizations argued that US felony disenfranchisement laws are in violation of Articles 25 and 26 of the International Covenant on Civil and Political Rights (ICCPR), ratified by the United States in 1992.[29]

In 2017, Senator Benjamin L. Cardin (D, MD) introduced S. 1588, the Democracy Restoration Act of 2017 to Congress.[30]

Felony disenfranchisement reforms between 1997 and 2018 have resulted in 1.4 million Americans regaining voting rights.[31]

During the 2020 Democratic presidential primary, candidate Bernie Sanders argued that all felons should be allowed to vote from prison.[32] His home state of Vermont is one of only two states (with Maine) that do not disenfranchise felons while in prison.

Florida

[edit]
Main article: Felony disenfranchisement in Florida

In November 2018, Florida voters approved Amendment 4, an amendment to the Florida constitution to automatically restore voting rights to convicted felons who have served their sentences.[33] In July 2019, Republicans in Florida's state legislature enacted S. 7066, which stipulates that felons must pay all outstanding fines, fees, and restitutions before they are deemed to have “served their sentence” and thus regain their right to vote.[34] On February 19, 2020, a 3-judge panel of the U.S. Court of Appeals for the Eleventh Circuit ruled that it was unconstitutional to force Floridian felons to first pay their financial obligations off before reregistering to vote. However, on September 11, 2020, the U.S. Court of Appeals for the Eleventh Circuit overturned the lower court ruling that all fines do not have to be paid off before felons can be re-enfranchised. The appeals court ruling had the effect of again disenfranchising around 774,000 people, about a month before the 2020 U.S. presidential election.[34] In late September 2020, former New York City mayor Michael Bloomberg put a fund of over $16 million together to be used towards helping convicted felons vote in Florida by paying their outstanding fines and fees. Bloomberg's fund as well as the $5 million raised by the Florida Rights Restoration Coalition paid the outstanding fines off of around 32,000 felons.[35]

Iowa

[edit]

Iowa's constitution provides for permanent felony disenfranchisement. However, in July 2005, Iowa's Democratic Governor Tom Vilsack issued an executive order restoring voting rights of all people who had completed supervision,[25] which was upheld by Iowa's Supreme Court on October 31, 2005. However, on his inauguration day, January 14, 2011, Republican Governor Terry Branstad reversed Vilsack's executive order, again disenfranchising thousands of people.[36] As of January 2020, Iowa was the only state to impose a lifetime felony voting ban, regardless of the crime committed.[37] On August 5, 2020, Iowa Republican Governor Kim Reynolds signed an executive order restoring voting rights to about 24,000 people who had completed their sentences, except for those convicted of murder.[38] Reynolds also urged Iowa lawmakers to amend Iowa's constitution to end permanent felony disenfranchisement.[38]

Kentucky

[edit]

In December 2019, Kentucky's newly elected Democratic governor, Andy Beshear, signed an executive order to restore voting rights and the right to hold public office to more than 140,000 residents who have completed sentences for nonviolent felonies.[39][37]

Nevada

[edit]

In 2019, the legislature introduced AB 431 which was passed and signed into law, taking effect on July 1, 2019, which restored the right to vote for felons who were no longer serving a prison sentence in Nevada.[40]

Tennessee

[edit]

The Campaign Legal Center (CLC), as part of its national "Restore Your Vote Campaign," is actively engaged in restoring voting rights to disenfranchised felons in Tennessee, and filed a lawsuit (Falls v. Goins) on behalf of 2 citizens of Tennesseeans against the state.[41]

As part of discussions in the Tennessee General Assembly in 2019-2020 about a bill aimed at reforming Tennessee's restoration process, a joint policy brief compiled by libertarian political advocacy group Americans for Prosperity, the Tennessee public policy think tank Think Tennessee, and Nashville-based reintegration organization Project Return, was submitted to the Constitutional Protections & Sentencing Subcommittee but failed to pass. The brief discusses numerous benefits of voting rights restoration for felons, including saving tax money and reducing recidivism, as well as potential enfranchisement strategies.[42]

Most recently, on August 20, 2020, Tennessee Governor Bill Lee signed H.B. 8005 and S.B. 8005, increasing the penalty for camping on unapproved state property from a misdemeanor to a Class E felony, punishable by up to 6 years in prison and an automatic loss of voting rights, as per Tennessee law.[43][44] This move was a result of a 2-month-long protest against institutional racism and police brutality that involved a round-the-clock encampment on Capitol grounds.[45]

Virginia

[edit]
Main article: Felony disenfranchisement in Virginia

The Virginia legislature in 2017 debated relaxation of the state's policy that the restoration of voting rights requires an individual act by the governor.[46]

Constitutionality

[edit]

Unlike most laws that burden the right of citizens to vote based on some form of social status, felony disenfranchisement laws have been held to be constitutional. In Richardson v. Ramirez (1974), the United States Supreme Court upheld the constitutionality of felon disenfranchisement statutes, finding that the practice did not deny equal protection to disenfranchised voters. The Court looked to Section 2 of the Fourteenth Amendment to the United States Constitution, which proclaims that States in which adult male citizens are denied the right to vote for any reason other than "participation in rebellion, or other crime" will suffer a reduction in the basis of their representation in Congress. Based on this language, the Court found that this amounted to an "affirmative sanction" of the practice of felon disenfranchisement, and the 14th Amendment could not prohibit in one section that which is expressly authorized in another. [citation needed]

But critics of the practice, such as The United States Commission on Civil Rights,[47] The Lawyers‘ Committee for Civil Rights Under Law and The Sentencing Project,[48] among others,[49] argue that Section 2 of the 14th Amendment allows, but does not represent an endorsement of, felony disenfranchisement statutes as constitutional in light of the equal protection clause and is limited only to the issue of reduced representation. The Court ruled in Hunter v. Underwood 471 U.S. 222, 232 (1985) that a state's crime disenfranchisement provision will violate Equal Protection if it can be demonstrated that the provision, as enacted, had "both [an] impermissible racial motivation and racially discriminatory impact." (The law in question also disenfranchised people convicted of vagrancy, adultery, and any misdemeanor "involving moral turpitude"; the test case involved two individuals who faced disenfranchisement for presenting invalid checks, which the state authorities had found to be morally turpid behavior.) A felony disenfranchisement law, which on its face is indiscriminate in nature, cannot be invalidated by the Supreme Court unless its enforcement is proven to racially discriminate and to have been enacted with racially discriminatory animus.[citation needed]

Classifications

[edit]

Restoration of voting rights for people who are ex-offenders varies across the United States. Primary classification of voting rights include:

No disenfranchisement

[edit]

2 states: Maine[50] and Vermont,[51] as well as the District of Columbia,[52] have unrestricted voting rights for felons. They allow people to vote during incarceration, via absentee ballot, and have no specific restrictions upon completion of their sentence.

Ends after release

[edit]

In 23 states, disenfranchisement ends after incarceration is complete: California,[53] Colorado,[54] Connecticut,[55] Hawaii,[56] Illinois,[57] Indiana,[58] Maryland,[59] Massachusetts,[60] Michigan,[61] Minnesota,[62] Montana,[63] Nevada,[40] New Hampshire,[64] New Jersey,[65] New York,[66] New Mexico,[67] North Dakota,[68] Ohio,[69] Oregon,[70] Pennsylvania,[71] Rhode Island,[72] Utah,[73] and Washington.[74]

Ends after parole or probation

[edit]

14 states require not only that incarceration, if any, be complete but also that any parole or probation sentence (the latter of which is often an alternative to incarceration) be complete: Alaska,[75] Arkansas,[76] Georgia,[77] Idaho,[78] Kansas,[79] Louisiana,[80] Missouri,[81] North Carolina,[82] Oklahoma,[83] South Carolina,[84] South Dakota,[85] Texas,[86] West Virginia (the prosecutor can request the court to revoke voting rights if financial obligations are unmet), and Wisconsin.[87]

Circumstantial

[edit]

Nine states have laws that relate disenfranchisement to the detail of the crime. These laws restore voting rights to some offenders on the completion of incarceration, parole, and probation. Other offenders must make an individual petition that could be denied.

State Laws
Alabama A person convicted of a felony loses the ability to vote if the felony involves moral turpitude. Prior to 2017, the state Attorney General and courts have decided this for individual crimes; however, in 2017, moral turpitude was defined by House Bill 282 of 2017, signed into law by Kay Ivey on May 24, to constitute 47 specific offenses.[88] If a convicted person loses the ability to vote based on having committed a defined act of moral turpitude, he can petition to have it restored by a pardon or by a certificate of eligibility; if the loss of elective franchise was based on a crime not under moral turpitude, eligibility to vote is automatically restored once all sentence conditions have been satisfied.[89][90][91][92] Prior to 2017, a person convicted of a number of crimes having to do with sexual assault or abuse, including sodomy, was ineligible to receive a certificate of eligibility; today, only impeachment and treason remain ineligible for a certificate of eligibility.[93]
Arizona Rights are restored to first-time felony offenders. Others must petition.[94][95]
Delaware The following crimes require a pardon: murder or manslaughter (except vehicular homicide), an offense against public administration involving bribery or improper influence or abuse of office anywhere in the US, or a felony sexual offense (anywhere in the USA). All other convicted felons regain the right to vote after completion of the full sentence.[96][97]
Florida A convicted person permanently loses suffrage if their crime was murder or any sexual offense.[37] In January 2019, the lifetime voting ban was lifted for those convicted of lesser crimes upon completion of sentence, including prison, parole, and probation.[37] A law in June 2019 provides that a sentence is not completed until all fines, fees and restitution have been paid.
Iowa A person convicted of any "infamous crime" shall not be eligible to vote again in their lifetime under Article II, Section 5 of Iowa's state constitution. The Iowa Supreme Court has interpreted this mean any felony conviction, but the governor also has the authority under Article IV, Section 16 to restore any citizenship rights lost upon conviction, including right to vote. On August 5, 2020, Governor Kim Reynolds signed an executive order to restore the right to vote to convicts upon release from their sentence.[98]
Mississippi A convicted person loses suffrage for numerous crimes identified in the state constitution, Section 241 (see note). The list is given below. Suffrage can be restored to an individual by a two-thirds vote of both houses of the legislature. The crimes that disqualify a person from voting are given in Section 241 of the state constitution as: murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy.[99]
Nebraska A convicted person permanently loses suffrage if they are convicted of treason; voting rights for all other offenders are restored two years after completion of incarceration, parole, or probation.[100]
Tennessee A person who is convicted of certain felonies may not regain voting rights except through pardon. These include: murder, rape, treason, and voting fraud. For a person convicted of a lesser felony, disenfranchisement ends after terms of incarceration, completion of parole, and completion of probation. In addition, the person must pay "Any court order restitution paid; current in the payment of any child support obligations; and/or Any court ordered court costs paid". The ex-offender must either obtain a court order restoring their right to vote or complete the certificate of restoration of voting rights.[101]
Wyoming Since July 1, 2017, non-violent felons have had their suffrage restored upon completion of their sentence including parole and probation. Non-violent felons who completed their sentence before January 1, 2010, or those convicted out of state must submit a written request to the department of corrections who will determine if their sentence was completed before restoring their voting rights.[102][103]

Individual petitions required

[edit]

Two states require felons to petition to the court for restoration of voting after all offenses.

State Laws
Kentucky Although, in December 2019, Kentucky's Democratic governor signed an executive order restoring the vote and the right to hold public office to more than 140,000 residents who have completed sentences for nonviolent felonies, the governor stated his order did not extend to those who committed violent felonies because some offenses, such as rape and murder, were too heinous to forgive. This executive order excludes those convicted under federal law or the laws of other states, although such individuals would be able to apply individually for restoration of their rights.[37]
Virginia Only the governor can reinstate civil rights. In 2016, Governor Terry McAuliffe restored rights to "individuals who have been convicted of a felony and are no longer incarcerated or under active supervision ... In addition to confirming completion of incarceration and supervised release, the Secretary of the Commonwealth of Virginia considers factors such as active warrants, pre-trial hold, and other concerns that may be flagged by law enforcement. The Governor will review SOC's analysis of each individual's record and will make the final decision on proposed candidates for restoration of rights."[104]

Racial disparities

[edit]

Felony disenfranchisement policies in the United States impact people of color disproportionally. Compared to the rest of the voting age population, African Americans are four times more likely to lose their voting rights.[105] More than 7.4 percent of African American adults are banned from voting due to felony convictions. Meanwhile, 1.8 percent of those who are not African American are banned from voting.[20]

Economic factors

[edit]

While some states automatically restore voting rights after incarceration, about thirty states condition the restoration of voting rights to the individual's ability to pay legal debts.[106] Those who are unable to pay these debts are automatically disenfranchised.

Impact

[edit]

Political

[edit]

According to a 2002 study in the American Sociological Review, multiple Senate races and even presidential elections would likely have had different outcomes if felons had not been disenfranchised.[107] A 2021 study in the Journal of Politics found that fewer than one in ten incarcerated eligible voters in Maine and Vermont voted in the 2018 elections, leading the authors to suggest that extending voting rights for those currently imprisoned in other states would likely not have a meaningful impact on those states' elections.[108]

Health

[edit]

A 2013 study found that felony disenfranchisement contributes to adverse health outcomes: lack of ability to influence health policy through the electoral process reduces distribution of resources to that group, and contributes to allostatic load, by way of complicating the reintegration process.[109]

Recidivism

[edit]

A 2012 study argues that felony disenfranchisement "further isolates and segregates ex-felons re-entering into society by denying them the ability to participate in the political process."[110]

See also

[edit]

Notes

[edit]
  1. ^ In addition to Connecticut, Virginia (which then included West Virginia) introduced laws disenfranchising felons in 1830, Delaware in 1831, and Ohio in 1835. Like Kentucky, Ohio had provisions for felony disfranchisement in its first constitution from 1803, but they remained unused until 1835.[12]
  2. ^ Every free state admitted to the Union between 1838 and the Civil War — Iowa, Wisconsin, California, Minnesota, Oregon and Kansas — had felony disfranchisement from before statehood. Rhode Island introduced felony disfranchisement laws in 1841, New Jersey in 1844, Louisiana with a new Constitution in 1845, New York in 1847, Maryland and Kentucky in 1851, Indiana in 1852, and Pennsylvania in 1860.[12]

References

[edit]
  1. ^ a b Bowers, Melanie M; Preuhs, Robert R (September 2009). "Collateral Consequences of a Collateral Penalty: The Negative Effect of Felon Disenfranchisement Laws on the Political Participation of Nonfelons". Social Science Quarterly. 90 (3): 722–743. doi:10.1111/j.1540-6237.2009.00640.x.
  2. ^ Siegel, Jonah A. (January 1, 2011). "Felon Disenfranchisement and the Fight for Universal Suffrage". Social Work. 56 (1): 89–91. doi:10.1093/sw/56.1.89. PMID 21314075.
  3. ^ a b CNN, More than 5 million people with felony convictions can't vote in this year's election, advocacy group finds, October 15, 2020.
  4. ^ Eli L. Levine, "Does the Social Contract Justify Felony Disenfranchisement?", 1 Wash. U. Jur. Rev. 193 (2009).
  5. ^ "LOSING THE VOTE: The Impact of Felony Disenfranchisement Laws in the United States" (PDF). Human Rights Watch and the Sentencing Project. October 1998. Archived from the original (PDF) on 2010-07-10.
  6. ^ Manza, Jeff; Uggen, Christopher (2008). Locked out: felon disenfranchisement and American democracy. Oxford University Press. ISBN 978-0-19-534194-2. OCLC 475496614.
  7. ^ Behrens, Angela; Uggen, Christopher; Manza, Jeff (2003). "Ballot Manipulation and the "Menace of Negro Domination": Racial Threat and Felon Disenfranchisement in the United States, 1850–2002". American Journal of Sociology. 109 (3): 559–605. doi:10.1086/378647. ISSN 0002-9602. JSTOR 10.1086/378647. S2CID 39843590.
  8. ^ "The Racist Roots of Denying Incarcerated People Their Right to Vote". American Civil Liberties Union. 3 May 2019. Retrieved 2020-08-15.
  9. ^ "The race-infused history of why felons aren't allowed to vote in a dozen states". The Washington Post. 2016.
  10. ^ "Racism & Felony Disenfranchisement: An Intertwined History | Brennan Center for Justice". www.brennancenter.org. Retrieved 2020-08-15.
  11. ^ Ghosh, Arpita; Rockey, James (2019). "On the Political Economy of Felon Disenfranchisement". SSRN: 1. doi:10.2139/ssrn.3330565. S2CID 191854042.
  12. ^ a b c Behrens, Angela; Uggen, Christopher; Manza, Jeff. "Ballot Manipulation and the "Menace of Negro Domination": Racial Threat and Felon Disenfranchisement in the United States, 1850–2002" (PDF).
  13. ^ a b Grady, Sarah C. (2012). "Civil Death Is Different: An Examination of a PostGraham Challenge to Felon Disenfranchisement Under the Eighth Amendment". Journal of Criminal Law and Criminology. 102: 447 – via Criminal Law Commons.
  14. ^ Bazelon, Emily (26 September 2018). "Will Florida's Ex-Felons Finally Regain the Right to Vote?". The New York Times. Retrieved 2018-10-02.
  15. ^ "Felony Disenfranchisement Laws (Map)". American Civil Liberties Union. 2019-12-12. Retrieved 2020-10-26.
  16. ^ Richardson v. Ramirez, 418 U.S. 24 (1974)
  17. ^ a b "Felon Voting Rights". National Conference of State Legislatures. January 4, 2016. Retrieved March 13, 2016.
  18. ^ Holding, Reynolds (November 1, 2008). "Tomes Magazine". Reason. Archived from the original on March 9, 2007.
  19. ^ Pilkington, Ed (July 13, 2012). "Felon voting laws to disenfranchise historic number of Americans in 2012". The Guardian. Retrieved 2013-08-07.
  20. ^ a b Uggen, Christopher; Larson, Ryan; Shannon, Sarah (October 6, 2016). "6 Million Lost Voters: State-Level Estimates of Felony Disenfranchisement, 2016" (PDF). The Sentencing Project. Retrieved February 11, 2020.
  21. ^ Grady, Sarah C. (2013). "Civil Death Is Different: An Examination of a PostGraham Challenge to Felon Disenfranchisement Under the Eighth Amendment". Journal of Criminal Law and Criminology. 102: 447–448 – via Criminal Law Commons.
  22. ^ Manza, Jeff; Uggen, Christopher (2004). "Punishment and Democracy: Disenfranchisement of Nonincarcerated Felons in the United States" (PDF). Perspectives on Politics. 2 (3): 493. doi:10.1017/S1537592704040290. S2CID 16871186 – via Cambridge Core.
  23. ^ McLeod, Morgan (2018). "Expanding the Vote: Two Decades of Felony Disenfranchisement Reforms". The Sentencing Project. Retrieved April 24, 2020.
  24. ^ Waters, Maxine (2001-08-02). "H.R.2830 - 107th Congress (2001-2002): Voting Restoration Act". www.congress.gov. Retrieved 2018-12-16.
  25. ^ a b "Felony Disenfranchisement Laws in the United States" (PDF). The Sentencing Project. March 2011. Archived from the original (PDF) on 2012-01-19.
  26. ^ a b Tim Murphy. "Rick Santorum, Voting Rights Activist". Mother Jones. Retrieved 2013-11-08.
  27. ^ "PolitiFact Florida | Super PAC attacks Rick Santorum for supporting felon voting rights". Politifact.com. Retrieved 2013-11-08.
  28. ^ "The NAACP 2008 Presidential Candidate Civil Rights Questionnaire" (PDF). 2012election.procon.org. Retrieved 2013-11-08. I support restoration of voting rights for ex-offenders. I am a cosponsor of the Count Every Vote Act, and would sign that legislation into law as president.
  29. ^ "Democracy Imprisoned: The Prevalence and Impact of Felony Disenfranchisement Laws in the United States". The Sentencing Project. September 30, 2013. Retrieved November 22, 2020.
  30. ^ Cardin, Benjamin L. (July 19, 2017). "S.1588 - 115th Congress (2017-2018):Democracy Restoration Act of 2017". www.congress.gov. Retrieved November 22, 2020.
  31. ^ McLeod, Morgan (October 17, 2018). "Expanding the Vote: Two Decades of Felony Disenfranchisement Reforms". The Sentencing Project. Retrieved April 24, 2020.
  32. ^ Haltiwanger, John. "Bernie Sanders says even 'terrible people' in prison for crimes like the Boston Marathon bombing should be allowed to vote". Business Insider. Retrieved 2019-10-07.
  33. ^ "Voting Rights Restoration Efforts in Florida | Brennan Center for Justice". www.brennancenter.org. 31 May 2019. Retrieved 14 October 2024.
  34. ^ a b Mazzei, Patricia (2020-09-11). "Ex-Felons in Florida Must Pay Fines Before Voting, Appeals Court Rules". The New York Times. ISSN 0362-4331. Retrieved 2020-09-18.
  35. ^ Bloomberg raises millions to help restore Florida felon voting rights
  36. ^ Foley, Ryan J. (2012-06-24). "Iowa Felons' Voting Rights: Terry Brandstad Executive Order Disenfranchises Thousands". Huffingtonpost.com. Retrieved 2013-11-08.
  37. ^ a b c d e Wines, Michael (December 12, 2019). "Kentucky Gives Voting Rights to Some 140,000 Former Felons". The New York Times.
  38. ^ a b "Voting Rights Restoration Efforts in Iowa". Brennan Centre for Justice. August 5, 2020.
  39. ^ "Voting rights restoration gives felons a voice in more states". Pittsburgh Post-Gazette. Retrieved 2020-01-29.
  40. ^ a b "AB431 Overview". July 1, 2019.
  41. ^ Lyon, Georgia (July 21, 2020). "CLC Sues Tennessee for Restricting Citizens' Ability to Vote". Campaign Legal Center. Retrieved November 22, 2020.
  42. ^ "State of our State: Rights Restoration" (PDF). Think Tennessee. June 2019. Retrieved November 22, 2020.
  43. ^ Lamberth, William (August 10, 2020). "HB 8005-111th General Assembly (2019-2020)" (PDF). capitol.tn.gov. Retrieved November 22, 2020.
  44. ^ Johnson, Jack (August 10, 2020). "S 8005-111th General Assembly (2019-2020)" (PDF). capitol.tn.gov. Retrieved November 22, 2020.
  45. ^ Allison, Natalie (August 12, 2020). "Tennessee legislature cracks down on protesters, making it a felony to camp overnight outside Capitol". The Tennessean. Retrieved November 22, 2020.
  46. ^ Ford, Matt (October 24, 2017). "The Strangest Political Attack Ad of 2017". The Atlantic. Retrieved 4 January 2018.
  47. ^ "Collateral Consequences: The Crossroads of Punishment, Redemption, and the Effects on Communities" (PDF). The United States Commission on Civil Rights. 13 June 2019. Retrieved 7 February 2023.
  48. ^ "The Discriminatory Effects of Felony Disenfranchisement Laws, Policies and Practices on Minority Civic Participation in the United States" (PDF). Submission by the Lawyers‘ Committee for Civil Rights Under Law and the Sentencing Project to the United Nations Forum on Minority Issues Human Rights Council, 2nd Session, Geneva. 12–13 November 2009. Retrieved 7 February 2023.
  49. ^ Handelsman, Lauren (April 2005). "Giving the Barking Dog a Bite: Challenging Felon Disenfranchisement under the Voting Rights Act of 1965". Fordham L. Rev. 73 (4): 1875. Retrieved 7 February 2023.
  50. ^ "Title 21-A, §112: Residence for voting purposes". Mainelegislature.org. 2012-10-16. Retrieved 2013-11-08.
  51. ^ "The Vermont Statutes Online". legislature.vermont.gov. 2020-04-13. Retrieved 2020-04-13.
  52. ^ "Washington DC Makes Important Stand for Voting Rights, Temporarily Abolishes Felony Disenfranchisement".
  53. ^ "State Ballot Measures - Statewide Results". California Secretary of State. 10 November 2020. Retrieved 10 November 2020.
  54. ^ Daniel, Stephanie (28 October 2019). "Parolees Vote For The First Time, Thanks To New Colorado Law". www.kunc.org. Retrieved 2019-10-30.
  55. ^ Udoma, Ebong (June 24, 2021). "Connecticut Residents Who Have Served Their Time For Felonies Now Have The Right To Vote Again". Connecticut Public Radio. Retrieved June 28, 2021.
  56. ^ "Hawai'i State Constitution - Article 2". Hawaii.gov. Archived from the original on 2012-10-14. Retrieved 2013-11-08.
  57. ^ "Illinois Constitution - Article III". Ilga.gov. Archived from the original on 2013-05-31. Retrieved 2013-11-08.
  58. ^ "Indiana Code 3-7-13". In.gov. Retrieved 2024-11-04.
  59. ^ Matt Ford, "Restoring Voting Rights for Felons in Maryland", The Atlantic, 9 February 2016, accessed 23 March 2016
  60. ^ "General Laws: Chapter 51, Section 1". Malegislature.gov. Retrieved 2013-11-08.
  61. ^ "Michigan Legislature - Section 168.758b". Legislature.mi.gov. 1975-07-25. Retrieved 2013-11-08.
  62. ^ "Voting Rights Restoration Efforts in Minnesota". Brennan Center for Justice. 08 June 2023.
  63. ^ "13-2-402. Reasons for cancellation". data.opi.mt.gov. Archived from the original on October 7, 2012.
  64. ^ "Section 654:2-a Voters Confined in Penal Institutions". Gencourt.state.nh.us. 2003-09-01. Retrieved 2013-11-08.
  65. ^ "New Jersey Governor Phil Murphy Signs Bill to Restore Voting Rights to People on Probation and Parole". Brennan Center for Justice. December 18, 2019.
  66. ^ "Cuomo signs law to restore voting rights to parolees immediately after prison release". CBS News. 5 May 2021.
  67. ^ "Formally incarcerated people's voting rights". ACLU New Mexico. Retrieved 30 May 2024.
  68. ^ "Chapter 12.1-33 : Rights of Convicts" (PDF). Legis.nd.gov. Retrieved 2013-11-08.
  69. ^ "Lawriter - ORC". Codes.ohio.gov. Retrieved 2013-11-08.
  70. ^ "Chapter 137 — Judgment and Execution; Parole and Probation by the Court". oregonlegislature.gov.
  71. ^ "Residents with Unique Voting Needs". Votespa.com. 2000-12-26. Archived from the original on 2014-08-15. Retrieved 2013-11-08.
  72. ^ "Rules and Regulations Adopted by the Office of the Secretary of State : Rhode Island" (PDF). Sos.ri.gov. Retrieved 2013-11-08.
  73. ^ "Utah State Legislature". Le.utah.gov. Archived from the original on 2013-11-04. Retrieved 2013-11-08.
  74. ^ "Bill restores voting rights to Washingtonians with felonies upon release from prison". 7 April 2021.
  75. ^ "State of Alaska : Department of Corrections" (PDF). Correct.state.ak.us. Retrieved 2013-11-08.
  76. ^ "Arkansas Secretary of State: Voter Registration Information". Sos.arkansas.gov. Archived from the original on 2013-11-07. Retrieved 2013-11-08.
  77. ^ [1] Archived December 7, 2014, at the Wayback Machine
  78. ^ "Idaho Constitution". Legislature.idaho.gov. 2004-07-29. Retrieved 2013-11-08.
  79. ^ "Article Five: Suffrage - Kansas Information, State Library of Kansas". Kslib.info. 2012-01-20. Archived from the original on 2013-03-26. Retrieved 2013-11-08.
  80. ^ "RS 18:102". Legis.state.la.us. Archived from the original on 2012-10-22. Retrieved 2013-11-08.
  81. ^ "Section 115-133 Qualifications of voters". Moga.mo.gov. 2013-08-28. Archived from the original on 2013-05-20. Retrieved 2013-11-08.
  82. ^ "GS_163-55". Ncleg.net. Retrieved 2013-11-08.
  83. ^ "OSCN Found Document:Persons Entitled to Become Registered Voters". Oscn.net. Retrieved 2013-11-08.
  84. ^ "South Carolina Legislature Mobile". Scstatehouse.gov. Retrieved 2013-11-08.
  85. ^ "State narrative: South Dakota" (PDF). NACDL. Retrieved January 7, 2014.
  86. ^ "Election Code Chapter 11. Qualifications and Requirements for Voting". Statutes.legis.state.tx.us. Retrieved 2013-11-08.
  87. ^ "Wisconsin Legislature: 304.078(3)". Docs.legis.wisconsin.gov. Retrieved 2013-11-08.
  88. ^ "Bill Text: AL HB282, 2017, Regular Session, Engrossed". Retrieved January 25, 2018.
  89. ^ "Section 17-3-31". Alisondb.legislature.state.al.us. Archived from the original on 2014-01-07. Retrieved 2013-11-08.
  90. ^ "Alabama Pardons Unit". Pardons.state.al.us. Archived from the original on 2014-01-07. Retrieved 2013-11-08.
  91. ^ "State narrative: Alabama" (PDF). NACDL Jurisdiction Profiles. NACDL. Retrieved 7 January 2014.
  92. ^ "Alabama ex-felon voting brochure 2010" (PDF). ACLU of Alabama. 2010. Archived from the original (PDF) on 7 January 2014. Retrieved 7 January 2014.
  93. ^ "Pardons Unit". Pardons.state.al.us. Archived from the original on 2014-01-07. Retrieved 2013-11-08.
  94. ^ "Format Document". Azleg.gov. Retrieved 2013-11-08.
  95. ^ "13-912 - Restoration of civil rights for first offenders; exception". Azleg.state.az.us. Retrieved 2013-11-08.
  96. ^ "The Delaware Constitution". Delcode.delaware.gov. 2010-07-07. Retrieved 2013-11-08.
  97. ^ "State narrative: Delaware" (PDF). NACDL. Retrieved January 6, 2014.Note: The following crimes require a pardon: Murder or manslaughter (except vehicular homicide), An offense against public administration involving bribery or improper influence or abuse of office, or any like offense under the laws of another US jurisdiction, Any felony constituting a sexual offense, or any like offense under the laws of another US jurisdiction
  98. ^ "Iowa becomes last state to end lifetime felony disenfranchisement - JURIST - News". 6 August 2020.
  99. ^ "Constitution Of The State Of Mississippi". Sos.state.ms.us. Retrieved 2013-11-08.
  100. ^ "Nebraska Legislature". Nebraskalegislature.gov. Retrieved 2013-11-08.
  101. ^ "State of Tennessee Felony Conviction After May 18, 1981" (PDF). Tn.gov. Archived from the original (PDF) on July 12, 2013. Retrieved November 8, 2013.
  102. ^ "As of this month former Wyoming felons will have the right to vote". Retrieved June 2, 2019.
  103. ^ "HB0075 - Automatic restoration of the right to vote". wyoleg.gov. Retrieved June 2, 2019.
  104. ^ Governor McAuliffe’s Restoration of Rights policy August 22, 2016.
  105. ^ Chung, Jean (27 June 2019). "Felony Disenfranchisements: A Primer". The Sentencing Project. Retrieved 10 March 2020.
  106. ^ Civil Rights Clinic Georgetown (2019). "Can't Pay, Can't Vote: A National Survey on the Modern Poll Tax" (PDF). Retrieved March 20, 2020.
  107. ^ Uggen, Christopher; Manza, Jeff (2002). "Democratic Contraction? Political Consequences of Felon Disenfranchisement in the United States". American Sociological Review. 67 (6): 777–803. doi:10.2307/3088970. ISSN 0003-1224. JSTOR 3088970.
  108. ^ White, Ariel R.; Nguyen, Avery (2021). "How often do people vote while incarcerated? Evidence from Maine and Vermont". The Journal of Politics. 84: 000. doi:10.1086/714927. hdl:1721.1/138157. ISSN 0022-3816. S2CID 234832579.
  109. ^ Purtle, Jonathan (2013). "Felon Disenfranchisement in the United States: A Health Equity Perspective". American Journal of Public Health. 103 (4): 632–637. doi:10.2105/AJPH.2012.300933. PMC 3673242. PMID 23153146.
  110. ^ Hamilton-Smith, Guy Padraic; Vogle, Matt (2012). "The Violence of Voicelessness: The Impact of Felony Disenfranchisement on Recidivism". Berkeley La Raza Law Journal. 22 (407). Retrieved November 22, 2020.

Further reading

[edit]
  • Bowers M, Preuhs R. (September 2009). "Collateral Consequences of a Collateral Penalty: The Negative Effect of Felon Disenfranchisement Laws on the Political Participation of Nonfelons". Social Science Quarterly (Blackwell Publishing Limited) [serial online]. 90(3):722–743.
  • Goldman, D. S. (2004). "The Modern-Day Literacy Test?: Felon Disenfranchisement and Race Discrimination". Stanford Law Review, (2), 611.
  • Hinchcliff, A. M. (2011). "The 'Other' Side of Richardson v. Ramirez: A Textual Challenge to Felon Disenfranchisement". Yale Law Journal, 121(1), 194–236.
  • Manza, J., Brooks, C., & Uggen, C. (2004). "Public Attitudes toward Felon Disenfranchisement in the United States". The Public Opinion Quarterly, (2), 275.
  • Miles, T. J. (2004). "Felon Disenfranchisement and Voter Turnout". The Journal of Legal Studies, (1), 85.
  • Miller, B., & Spillane, J. (October 2012). "Civil Death: An Examination of Ex-felon Disenfranchisement and Reintegration". Punishment & Society-International Journal of Penology, 14(4), 402–428.
  • Siegel, J. A. (2011). "Felon Disenfranchisement and the Fight for Universal Suffrage". Social Work, 56(1), 89–91.
[edit]
Retrieved from "https://en.wikipedia.org/w/index.php?title=Felony_disenfranchisement_in_the_United_States&oldid=1255850171"