State by state, felony disenfranchisement suppresses the vote

By Leigh Chapman, Senior Policy Advisor, and George Hornedo, Policy Fellow, for Let America Vote

More than6 million Americans are excluded from our democratic process because of criminal disenfranchisement laws.

Apatchwork of state statutes and constitutional provisions across the country make it extremely difficult for people with felony convictions to win back their right to vote — even after they’ve paid their debts and begun working to reintegrate into society.

These provisions are not just undemocratic but also counterproductive, complicating rather than easing the challenge of rebuilding one’s life after a criminal conviction.

There have been modest signs of progress on this issue in recent years — and voters in Florida have a chance to strike a huge blow for democracy with Amendment 4 on the ballot this fall. Despite that halting progress, though, felony disenfranchisement remains a significant barrier to voting across the country and in Let America Vote’s target states for 2018.

Here’s an overview of felony disenfranchisement in the states were LAV is active this year:

• Iowa stands with Florida as one of the most restrictive states in the country by permanently disenfranchising allpeople with felony convictions. 52,012 Iowans, or 2.17% of the voting-age population, are disenfranchised. Under Iowa’s constitution, only the Governor has the discretion to restore voting rights, and the only way to regain the franchise is by applying directly to the Office of the Governor. In 2016, the Iowa Supreme Court upheld the state’s disenfranchisement law with a 4–3 split decision in Griffin v. Pate.
• New Hampshire stands nearer to the other end of the spectrum: restoring voting rights automatically upon release from prison. Just 3,031 New Hampshire residents, or 0.28% of the voting-age population, are disenfranchised by these laws.
• Nevada permanently disenfranchises at least some people with criminal convictions, a policy that denies voting rights to some 89,267 Nevadans, or 4.02% of the voting-age population. Voting rights are automatically restored to people completing sentences for most first-time felony convictions. But the process is much tougher for those guilty of certain felonies — including those defined as “category A” offenses — or of multiple felony convictions arising from separate instances: they’re permanently disenfranchised unless they’re pardoned or granted a restoration of civil rights from a court. Under current law, individuals who receive a “dishonorable discharge” from parole or probation also permanently lose voting rights unless pardoned. That will change in 2019, however, when a new law takes effect automatically restoring rights for most first-time felony convictions regardless of their discharge status from probation or parole. Additionally, persons with certain “category B” felonies will have their voting rights automatically restored two years after completion of sentence.
• Georgia restores voting rights upon completion of one’s sentence, including prison, parole, and probation. The right to vote is automatically restored upon completion of one’s sentence and one need not submit an application. Even under this policy, 248,751 Georgians, or 3.23% of the voting-age population are disenfranchised.
• Tennessee provides a case study in how felony disenfranchisement can skew a state’s electorate. The state mandates permanent disenfranchisement for at least some criminal convictions, disqualifying 421,227 Tennessee residents — or more than 8 percent of the voting-age population. That stunning statistic masks an even worse one: one in every five African Americans in Tennessee is barred from voting, largely because of criminal disenfranchisement laws. Offenders who complete sentences for some felony convictions, pay all restitution and court costs and remain current with child support payments may apply for rights restoration. But that process is not necessarily straightforward: The restoration form is only valid for felony convictions since 1981, and it must be completed by an agent, such as a probation/parole officer or criminal court clerk, who has the authority to provide the required information regarding the individual’s conviction, final release date and information regarding restitution or court cost. The person convicted of the felony offense may not complete the restoration of voting rights form. And that restoration process only applies to voting rights; an individual’s full citizenship rights must be restored through a court order.

The time is now to restore voting rights for Americans who have made mistakes but paid their debts to society, and that’s true whether they live in Florida or Tennessee, Iowa or Nevada or any other state in the country. Let America Vote is committed to that effort. Text VOTE to 44939 to help us fight this form of voter suppression. Together, we can make our elections freer, fairer, and more accessible.