Can former felons vote in your state? A quick guide.

photo by: Kristin Ausk

It was interesting, the number of times the question came up while I was registering voters back in 2004. Can an ex-felon register to vote? or the more personal, “I’m an ex-felon, can I register?”
That was back in 2004, when I worked as Central Region Director for the Southwest Voter Registration Education Project. A couple of things came to mind then: There needs to be more, and more readily available, information about the voting rights of ex-felons. And, we need to find a way to eliminate the adage once-a-felon-always-a-felon. Most states used to have a life time voting ban against former felons.
According to a Washington Post article published October 19, “800,000 former felons have been returned to the voter rolls in the past decade. ”

I came across the question back then because it was part of my work, but it may cross your path as a matter of everyday discussion.  My problem then was a lack of current information regarding former felon voting rights.  My response to the question was to advise the  questioner to check the pertinent state laws.

I’ll cut to the chase here.  This information is taken from a report published by The Sentencing Project, titled Expanding the Vote State Felony Disenfranchisement Reform, 1997-2010.

It’s a basic list of the most recent changes to former felon voting eligibility, by state. 23 states have enacted major changes.

Use this information as needed…believe me, it comes up.

ALABAMA

Streamlined restoration for most persons upon completion of sentence (2003)

CONNECTICUT

Restored voting rights to persons on felony probation (2001), epealed requirement to present proof of restoration in order to register (2006)

DELAWARE

Repealed lifetime disenfranchisement, replaced with five-year waiting period for persons convicted of most offenses (2000)

FLORIDA

Simplified clemency process (2004 & 2007), Adopted requirement for county jail officials to assist with rights restoration (2006)

HAWAII

Codified data sharing procedures regarding removal and restoration process (2006)

IOWA

Eliminated lifetime disenfranchisement law (2005)

KENTUCKY

Simplified restoration process (2001 & 2008), Restricted restoration process (2004, amended in 2008)

LOUISIANA

Required Department of Public Safety and Corrections to provide notification of rights restoration process (2008)

MARYLAND

Repealed lifetime disenfranchisement laws (2002 & 2007)

NEBRASKA

Repealed lifetime disenfranchisement, replaced with two-year waiting period (2005)

NEVADA

Repealed five-year waiting period to restore rights (2001), Restored voting rights to persons convicted of first-time non-violent offense (2003)

NEW JERSEY

Established procedures requiring state criminal justice agencies to notify persons of their voting rights when released (2010)

NEW MEXICO

Repealed lifetime disenfranchisement law (2001), Codified data sharing procedures, certificate of completion provided after sentence (2005)

NEW YORK

Required criminal justice agencies to provide voting rights information to persons who are again eligible to vote after a felony conviction (2010)

NORTH CAROLINA

Required state agencies to establish a process whereby individuals will be notified of their rights (2007)

RHODE ISLAND

Restored voting rights to persons on felony probation and parole (2006)

SOUTH DAKOTA

Established new procedures to provide training and develop voter education curriculum to protect the voting rights of citizens with certain felony convictions (2010)

TENNESSEE

Streamlined restoration process for most persons upon completion of sentence (2006)

TEXAS

Repealed two-year waiting period to restore rights (1997)

UTAH

Clarified state law pertaining to federal and out-of-state convictions (2006)

VIRGINIA

Required notification of rights and restoration process by Department of Corrections (2000), Streamlined restoration process (2002), Decreased waiting period from three years to two years and established a 60-day deadline to process voting rights restoration applications (2010)

WASHINGTON

Restored voting rights for citizens who exit the criminal justice system but still have outstanding financial obligations (2009)

WYOMING

Restored voting rights

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