Voting & Democracy

Voting Rights Restoration

About This Principle of Democracy

The U.S. is alone among advanced democracies in withholding the right to vote from people with felony convictions after their release from prison and re-entry into civic life. While nearly half the states allow voting on release, half continue to bar three million people on probation or parole from voting.

Post-prison voting restrictions undermine the core goals of probation and parole meant to rehabilitate offenders and guide them back into society while minimizing the likelihood that they will commit a new offense. As the American Probation and Parole Association said, “disenfranchisement laws work against the successful reentry of offenders.”

Disenfranchisement laws differ wildly among states. Misunderstood by voters and election officials, they end up being costly to maintain and accurately administer. As a result, thousands of eligible voters with any past conviction don’t vote, wrongly believing they’d break the law if they did, while others, unaware of their state’s prohibition, may be arrested for voting. For example, Crystal Mason was sentenced to five years in prison for casting a provisional ballot mistakenly given to her by a poll worker in Texas.

Brief History

Disenfranchisement laws imported from England were repurposed by ten confederate states to limit the political voice of Black Americans granted citizenship and the right to vote after the Civil War and the 13^th and 14^thAmendments. More states would follow. Today, these laws continue to have the largest impact on African-Americans, who are four times more likely than all other racial groups to lose their voting rights.

Benefits

There are multiple benefits for the individual and society to allowing people to vote as soon as they exit prison including a more successful re-entry into community life and better citizenship, lower recidivism rates, reduced crime, and greater public safety.

More successful rehabilitation and re-entry: In line with the purpose of probation and parole to facilitate the successful reintegration, people who vote are more likely to volunteer, gain employment, stay informed on local affairs, and contribute to their neighborhood in other ways.
Better citizenship: The field’s most published sociologists, Christopher Uggen and Jeff Manza, observe, the “restoration of voting rights provides a clear marker of reintegration and acceptance as a stakeholder in a community of more law-abiding and engaged citizens.”
Lower recidivism rates: Studies show people who vote are less likely to commit new crimes. In Minnesota, young offenders who became voters were half as likely to commit crimes and be rearrested. In Oregon recidivism was cut by 25% among people on probation and parole who voted. The Florida Parole Commission saw the recidivism rate reduced by almost two-thirds for those whose voting and civil rights were restored.
Increased public safety: The reduced crime and better citizenship that comes with voting enhances public safety. Voting encourages people to invest in their communities by allowing them to participate as citizens and have a voice in issues that affect them. When asked about ending post-release voting restrictions, Minnesota Corrections Commissioner Paul Schnell said, “What makes us safer is having people be engaged.”

Conclusion

Marrying voting with our criminal justice system has always been problematic. Withholding the vote from those rebuilding their lives on probation or parole is neither practical nor does it advance any public interest for the either the person or the communities they return to. Regardless of the offense, society needs everyone convicted of a crime to change their behavior for the better.

Resources

Voting in Your State: Policies by state for voting rights for people with felony convictions
Campaign Legal Center: Look up tool on “Can I vote with a felony conviction in my state?"
Brennan Center for Justice
The Sentencing Project

States Restoring Voting Rights on Release from Prison

25 states continue to bar voting after prison for people on probation, parole, or any type of supervised release. In some states people can lose their voting rights permanently.