Home : Voting Rights : Felon Enfranchisement

FELON ENFRANCHISEMENT AND THE RIGHT TO VOTE Millions of Americans are barred from the polls because of felony convictions. Voting is a fundamental right and a cornerstone of our democracy, yet millions of Americans have had their right to vote revoked for periods ranging from the time spent incarcerated to a lifetime. In 10 states, you can lose your right to vote for life. The ACLU is fighting to restore the voting rights of formerly incarcerated people so that they, like all Americans, will be heard.

About the documentary film >>

Reports Show Widespread Confusion About the Voting Rights of People With Criminal Records
A new report by the American Civil Liberties Union and the Brennan Center for Justice reveals widespread misunderstanding among state elections officials of laws governing the right to vote of citizens with felony convictions. A second ACLU report finds that voter registration forms in states across the country fail to clearly explain the eligibility of voters with criminal records. Both reports highlight widespread problems that endanger the voting rights of hundreds of thousands of eligible voters nationally in a presidential election year. More >>
> Report: De Facto Disenfranchisement
> Report: Voting With a Criminal Record: How Registration Forms Frustrate Democracy

Toolkit: Breaking Barriers to the Ballot Box
The first-ever felon enfranchisement toolkit was inspired by ACLU and ACLU affiliate work throughout the country and encompasses many of the most requested strategies, resources and model materials. Whether you are new to the issue of felon disfranchisement or have been working on it for years, you will find new and innovative materials and information in the toolkit to help you with your work.
More about the Toolkit >>

Restoring Voting Rights to People with Criminal Records
During the 2008 legislative sessions, approximately 75 felony disfranchisement-related bills were in play in 22 states. The passage of progressive measures in Louisiana, Kentucky and Florida is helping to expand access to voting for people with criminal records.
STATE-BY-STATE
> 2008 State Legislative and Policy Changes
> Voter Resources

Rhode Islanders Endorse Post-Prison Voting Rights
On Tuesday, November 7, 2007, Rhode Island voters approved Question 2 on the state ballot, a measure that removed the ban on voting by people with felony convictions on parole and probation. The referendum had been placed on the ballot by the state legislature, and received broad support in the state. Rhode Island now joins Massachusetts and New Hampshire in automatically restoring voting rights upon release from prison.
For more information, see www.brennancenter.org >>

ACLU of Mississippi Files Lawsuit To Challenge State's Denial of Voting Rights To Persons With Felony Convictions (October 6, 2006)
Strickland v. Clark, filed against the Secretary of State's Office and the State Attorney General's Office, challenges the denial of voting privileges to two Hinds County residents convicted of a crime not specifically listed in the State's Constitution as a crime that would take away an individual's right to vote. Read More >>

REPORTS
Out of Step With the World
This is the first comprehensive international and comparative analysis of U.S. felony disfranchisement policies. It compares them to other western democracies' policies, particularly those of western Europe, also reflecting on those nations' practices and legal precedents. It also looks at all international human rights treaties, other agreements and rules that bear on this issue, and explains how these provisions relate to U.S. laws.

Purged! How a Patchwork of Flawed and Inconsistent Voting Systems Could Deprive Millions of the Right to Vote

Voting While Incarcerated: A Tool Kit for Advocates Seeking to Register, and Facilitate Voting by, Eligible People in Jail

Legislature Reforms Voting Rights Restoration (04/22/2009)
The House today approved and sent to the governor a bill that reforms Washington's convoluted system for restoring voting rights. The measure (HB 1517) will automatically restore the right to vote to citizens who have come out of the criminal justice system.

New ACLU Report Highlights Florida's Failure to Address Continued Voter Disfranchisement Problems; Provides Solutions (03/11/2009)
TALLAHASSEE, Fla. – The American Civil Liberties Union of Florida released a scathing report today criticizing the overly bureaucratic Florida rights restoration process that continues to disfranchise hundreds of thousands of Florida citizens. The report, Still Voteless and Voiceless in Florida, shows that the current civil rights restoration (RCR) process lacks clarity and uniformity, and is excessively burdensome for Floridians who are trying to regain their right to vote, as well as other civil rights including eligibility for dozens of state occupational licenses.

ACLU Sues South Dakota Secretary Of State Over Illegal Voter Disfranchisement (02/18/2009)
SIOUX FALLS, SD – The American Civil Liberties Union filed a lawsuit in federal court today to restore the voting rights of two American Indian women who were illegally disfranchised in November's election. The lawsuit was filed in the U.S. District Court for the Western District of South Dakota on behalf of Kim Colhoff and Eileen Janis, who attempted to vote last fall but were improperly removed from the voter rolls due to felony convictions. Because state law only disfranchises individuals sentenced to prison and both women were just sentenced to probation, election officials unlawfully took away their voting rights.

Voter Restoration Bill Easily Passes Senate, 27-13 (02/09/2009)
Richmond, VA - The Virginia Senate today passed a bill that could be the first step in ridding the state of an antiquated constitutional provision that permanently removes the right to vote from individuals who have committed felonies.

Civil Rights Groups and Secretary of State Reach Agreement on Felon Voters (10/24/2008)
The New Mexico Women's Justice Project, the American Civil Liberties Union (ACLU) of New Mexico, and Secretary of State Mary Herrera announced an agreement to ensure convicted felons who have completed all probation or parole are able to vote in the upcoming election.

De Facto Disenfranchisement (10/01/2008)
A report by the American Civil Liberties Union and the Brennan Center for Justice reveals widespread misunderstanding among state elections officials of laws governing the right to vote of citizens with felony convictions.

Voting With a Criminal Record: How Registration Forms Frustrate Democracy (10/01/2008)

Breaking Barriers to the Ballot Box - Felon Enfranchisement Toolkit (01/25/2008)

Out of Step With the World (05/25/2006)
First comprehensive international and comparative analysis of felony disfranchisement policies, examining other western democracies' policies, practices and legal precedents.

Voting While Incarcerated: A Tool Kit for Advocates Seeking to Register, and Facilitate Voting by, Eligible People in Jail (10/04/2005)
This toolkit profiles efforts to register and make voting possible by eligible people in California, Louisiana, Mississippi, Ohio, Pennsylvania and Washington, D.C., jails. It lists the various models that may be used to register such people and to make it possible for them to vote from these facilities. There is also a list of issues to address with local jail and elections officials as well as specific strategies for success. Attached are sample materials to encourage and explain voting from jail, and resources including the law and voter registration contacts and deadlines for each state.

Janis v. Nelson - Request for Appointment of a Three-Judge Court (02/18/2009)

Janis v. Nelson - Complaint (02/18/2009)

Young v. Hosemann - Preliminary Injunction Brief (09/12/2008)

Young v. Hosemann - Exhibits to Complaint (09/12/2008)

Young v. Hosemann - Exhibits to Preliminary Injunction Brief (09/12/2008)

Factsheet on the Democracy Restoration Act (04/20/2009)

Voting With A Criminal Record - Executive Summary (10/01/2008)
The right to vote is the cornerstone of American democracy. For many Americans, the primary source of information about voter eligibility is the voter registration form. Consequently, the availability of clear, accurate registration forms is critical to ensuring this fundamental right.

De Facto Disenfranchisement - Introduction (10/01/2008)

Voting With A Criminal Record - Appendix: Voter Registration Forms (10/01/2008)

South Carolina County Election Board Survey on Felony & Misdemeanor Disfranchisement (09/17/2008)
The ACLU conducted a survey in the summer of 2008 of county election officials in all 46 South Carolina counties. The survey was conducted to ascertain the knowledge of elections officials about registering to vote with a criminal conviction in South Carolina.

Letter to Georgia Secretary of State Karen Handel Regarding the Felon Disfranchisement of 700 Georgians (04/14/2008)

Janis v. Nelson (02/18/2009)
The American Civil Liberties Union filed a lawsuit in federal court to restore the voting rights of two American Indian women who were illegally disfranchised. The lawsuit was filed in the U.S. District Court for the Western District of South Dakota on behalf of Kim Colhoff and Eileen Janis, who attempted to vote but were improperly removed from the voter rolls due to felony convictions. Because state law only disfranchises individuals sentenced to prison and both women were just sentenced to probation, election officials unlawfully took away their voting rights.

Young v. Hosemann (09/12/2008)
The ACLU filed a lawsuit in federal court challenging Mississippi’s denial of voting rights to citizens with felony convictions. Although the Mississippi Constitution permits people who have been convicted of a crime to vote for president and vice president, election administrators denied that right in practice. The ACLU asked the court to allow these citizens to register to vote in time to cast ballots for president and vice president in the 2008 elections.