More on variances in voter eligibility laws across the states.
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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.
This page contains key information about the 2018 state legislative elections and statewide ballot measures.
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 that 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, California is one example, require that voter registration information be provided to formerly incarcerated people.
In summary:
- In Maine and Vermont, felons never lose their right to vote, even while they are incarcerated.
- In 14 states and the District of Columbia, felons lose their voting rights only while incarcerated, and receive automatic restoration upon release.
- In 21 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 as well.
- In 13 states felons lose their voting rights indefinitely for some crimes, or require a governor’s pardon in order for voting rights to be restored, or face an additional waiting period after completion of sentence (including parole and probation) before voting rights can be restored.
