Felon Voting Rights

Upcoming Bill Could Make Illinois the Third State to Allow All Incarcerated People to Vote

Election Law Society · January 28, 2022 ·

By: Andrew Heiser

Brian Harrington spent thirteen years in prison after being charged with murder at the age of sixteen. During that time, he was able to build skills he hoped to use outside of prison, work on self-improvement, and raise awareness about the shortcomings of the criminal justice system. There was, however, one thing he could not do: vote.

In Illinois, as in almost every state, incarcerated felons lose their right to vote while they are incarcerated (though unlike some states, in Illinois the right to vote is restored immediately upon release). Only two states, Maine and Vermont, and the District of Columbia currently allow all people in prison to vote during their incarceration. Alabama, Alaska, and Mississippi also allow some prisoners to vote if they were not convicted of certain crimes—though which crimes specifically cause those with felony convictions to lose the right to vote can seem arbitrary, and many are not made aware of the distinction.

Maryland: Re-enfranchisement and Absentee Voting Changes

Election Law Society · December 3, 2021 ·

By: Kelsey Nickerson

Recently, a surge of vote restoration initiatives has gained ground throughout the United States. The primary right addressed—restoring voting rights to those who have completed an incarceration for a felony conviction—is now at least partially granted in every state but two, with the vast majority of states re-enfranchising these citizens thanks to community advocacy. However, in some states, re-enfranchisement has been hampered by a spate of litigation and counter-legislation attempting to stem the tide of reform, complicating the process of restoration in multiple states. As the administration of these rights churn through state legislatures, the constitutionality of these contestations to incarcerated people’s voting rights will inevitably need to be addressed.

The VOTES Act

Election Law Society · November 18, 2021 ·

By: Adriana Dunn

On October 6, 2021, the Massachusetts Senate overwhelmingly passed the VOTES Act, aimed at expanding the temporary rights granted to citizens as a result of the COVID-19 pandemic. Some of the highlights of the bill include permanent no-excuse mail-in voting, expanded early voting options, same day voter registration, a correction to the automatic voter registration system implemented in 2020, and assistance for incarcerated individuals to exercise their right to vote.

Although the COVID-19 pandemic produced brand new challenges, with the temporary implementation of many of the provisions found in the VOTES Act, Massachusetts citizens set record voter participation numbers. 3.7 million votes were cast in the 2020 election, a majority being either early ballots or mail-in ballots.

[Read more…] about The VOTES Act

Virginia Takes Initial Steps to Permanently Streamline the Restoration of Voting Rights for Virginians with Felony Conviction Histories

Election Law Society · October 20, 2021 ·

By: Sarah Fisher

Earlier this year, the Virginia General Assembly took a significant initial step toward ensuring that Virginians with felony conviction histories have their voting rights restored upon release from incarceration.

Currently, under the Constitution of Virginia, Virginians with prior felony convictions are permanently disenfranchised and may only have their civil rights restored at the discretion of the Governor upon full completion of their sentences. This policy has historically been interpreted as requiring the payment of all court costs and fees, as well as the successful completion of applicable probation or parole periods. State policy also required would-be voters to affirmatively request restoration of their rights via an application to the Governor and Secretary of the Commonwealth. While Virginia’s gubernatorial administrations now work proactively to restore voting rights to all who are eligible (therefore eliminating the application stage), new voters are often unaware their voting rights have been revived.

Jim Crow on Life Support? Florida’s Voting Rights Restoration Amendment and The State’s Effort to Mitigate its Impact

Election Law Society · November 4, 2019 ·

By: James Lomonosoff

On November 6, 2018, an overwhelming majority of Florida voters voted to pass Florida Amendment 4, also known as the Voting Rights Restoration for Felons Initiative. Prior to the Amendment’s passing, some 1.5 million Floridians were barred from participating in elections on account of past felony convictions. The objective behind the Amendment, as articulated by its primary sponsor, the Florida Rights Restoration Coalition, was simple enough: “to end[] the disenfranchisement and discrimination against people with convictions.” The language of the amendment, at least as viewed by its advocates, seemed equally clear: “any disqualification from voting arising from a felony conviction shall terminate and voting rights shall be restored upon completion of all terms of sentence including parole or probation.” Notably, the amendment did not restore voting rights to those convicted of homicide or felony sexual offenses. [Read more…] about Jim Crow on Life Support? Florida’s Voting Rights Restoration Amendment and The State’s Effort to Mitigate its Impact