Voting Rights for Felons

Voting Rights for Felons refers to the laws and policies that determine whether individuals with felony convictions can participate in elections. Contrary to widespread belief, most people with felony convictions can vote—the question is when and under what conditions. As of 2024, approximately 4 million Americans are unable to vote due to felony disenfranchisement laws, a number that has declined 31% since 2016 as states have increasingly expanded voting rights.

There is no federal law governing felon voting rights. Instead, each state sets its own rules, creating a patchwork of policies ranging from no restrictions whatsoever (Maine, Vermont, and Washington D.C.) to complex restoration processes requiring gubernatorial action (Kentucky, Virginia, Tennessee).

Summary

The landscape of felon voting rights falls into five general categories:

1. No restrictions – Maine, Vermont, and Washington D.C. allow voting even while incarcerated
2. Automatic restoration upon release from prison – Approximately 21 states restore rights immediately when you leave prison
3. Restoration after prison and parole – Several states restore rights once you complete parole (probationers can vote)
4. Restoration after completing entire sentence – Some states require completion of prison, parole, and probation
5. Petition or application required – A handful of states require individual action to restore rights

The most important thing to understand is that your state of residence determines your voting rights, not where you were convicted or where you served time. A federal conviction in Texas follows the voting rules of your home state. If you live in Vermont, you can vote even while incarcerated in a federal prison in another state.

The Good News: Most Felons Can Vote

Despite common misconceptions, the vast majority of people with felony convictions are eligible to vote. The question is timing:

• 72% of disenfranchised individuals are not in prison—they are living in their communities but are restricted due to parole, probation, or unpaid fines
• Since 1997, 26 states and D.C. have expanded voting rights to people with felony convictions
• Only a small number of people face permanent disenfranchisement, and even then, pathways to restoration usually exist

If you have completed your sentence (including any parole or probation), you can likely vote in most states. The key is understanding your specific state's rules.

States Where You Never Lose Voting Rights

Three jurisdictions impose absolutely no voting restrictions based on criminal convictions:

Maine

Maine's state constitution has guaranteed voting rights to all citizens, including incarcerated individuals, since statehood in 1820. There is no waiting period, no petition process, and no restrictions based on offense type. Incarcerated individuals vote by absentee ballot.

Vermont

Like Maine, Vermont's constitution has protected voting rights for incarcerated individuals since 1793. If you lived in Vermont before incarceration, you may register and vote in Vermont elections while incarcerated anywhere in the country. You can request an absentee ballot by telephone, fax, email, mail, or through the My Voter Page online system.

Washington, D.C.

In 2020, Washington D.C. enacted the Restore the Vote Amendment Act, joining Maine and Vermont in allowing voting while incarcerated. D.C. residents completing a sentence for any felony conviction can vote. Officials are working to implement automatic absentee ballot delivery to incarcerated eligible voters.

States Where Rights Restore Automatically Upon Release

In approximately 21 states, your voting rights are restored automatically when you are released from prison—even if you are still on parole or probation:

States with Automatic Restoration Upon Release from Prison

State	Notes
California	Rights restored upon release; probationers and parolees can vote as of 2020
Colorado	Rights restored upon release from prison; parolees can vote
Connecticut	Rights restored upon release from prison; probationers can vote
Hawaii	Automatic restoration upon release
Illinois	Automatic restoration upon release
Indiana	Automatic restoration upon release
Maryland	Automatic restoration upon release as of 2016
Massachusetts	Automatic restoration upon release
Michigan	Automatic restoration upon release
Minnesota	Rights restored upon release as of 2023; parolees and probationers can vote
Montana	Automatic restoration upon release
Nevada	Automatic restoration upon release as of 2019
New Hampshire	Automatic restoration upon release
New Jersey	Rights restored upon release as of 2020
New Mexico	Rights restored upon release as of 2023
New York	Rights restored upon release from prison; parolees can vote as of 2021
North Dakota	Automatic restoration upon release
Ohio	Automatic restoration upon release
Oregon	Automatic restoration upon release
Pennsylvania	Automatic restoration upon release
Rhode Island	Automatic restoration upon release
Utah	Automatic restoration upon release

Important: "Automatic restoration" does not mean you are automatically registered to vote. You must still register through the normal voter registration process.

States Requiring Completion of Parole (Probationers Can Vote)

In these states, you must be discharged from parole before voting, but people on probation can vote:

States Where Rights Restore After Prison and Parole

State	Requirements
California	Released from prison and parole (or on probation)
Colorado	Released from prison and parole (or on probation)
Connecticut	Released from prison and parole (or on probation)
New York	Released from prison and parole (or on probation)
South Dakota	Released from prison and parole (or on probation)

States Requiring Full Sentence Completion

These states require completion of prison, parole, and probation before voting rights are restored:

States Requiring Full Sentence Completion

State	Additional Requirements
Alaska	Completion of all supervision
Arkansas	Completion of all supervision
Georgia	Completion of all supervision; all fines paid
Idaho	Completion of all supervision
Kansas	Completion of all supervision; must re-register
Louisiana	Completion of all supervision (5-year waiting period eliminated in 2019)
Missouri	Completion of all supervision
Nebraska	Completion of all supervision (2-year waiting period eliminated in 2024)
North Carolina	Completion of all supervision including probation
Oklahoma	Completion of all supervision
South Carolina	Completion of all supervision
Texas	Completion of all supervision (2 years after discharge for some offenses)
Washington	Completion of all supervision (as of 2022, rights restore when not serving DOC sentence)
West Virginia	Completion of all supervision
Wisconsin	Completion of all supervision

The Most Restrictive States

Several states have complex, restrictive, or offense-specific rules that can result in permanent or long-term disenfranchisement:

Florida

Florida has the largest number of disenfranchised citizens in the nation—over 960,000 people.

In 2018, Florida voters approved Amendment 4, which restored voting rights to people who completed their sentences—except those convicted of murder or felony sex offenses. However, in 2019, the legislature passed SB 7066, requiring payment of all fines, fees, court costs, and restitution before rights could be restored. Courts upheld this requirement, and approximately 730,000 Floridians remain disenfranchised due to unpaid financial obligations.

Permanent disenfranchisement: Conviction for murder or a felony sexual offense results in permanent loss of voting rights in Florida.

Options: You may petition a court to convert financial obligations to community service. Beginning November 28, 2024, people uncertain of their eligibility can request an advisory opinion from the Division of Elections, which must respond within 90 days.

Tennessee

Tennessee is considered the most restrictive state for voting rights restoration. Changes enacted in 2023 require individuals to restore their firearm rights before restoring voting rights, creating a two-step court petition process.

Requirements:

• Must have completed all terms of sentence including supervision
• Must have paid all restitution to victims
• Must be current on child support obligations
• Must satisfy court costs (unless indigent)
• Must petition the circuit court for restoration of citizenship rights
• Must restore firearm rights before voting rights can be restored

Permanent disenfranchisement: Tennessee permanently bars those convicted of murder, rape, treason, voter fraud, certain bribery offenses, and felony sex offenses involving minors.

Tennessee has a 7.68% disenfranchisement rate—the highest in the nation—and an African American disenfranchisement rate exceeding 15%.

Kentucky

Kentucky requires gubernatorial action to restore voting rights for most felonies. However, in 2019, Governor Andy Beshear signed an executive order automatically restoring rights to people who:

• Completed their full sentence, probation, and parole, OR
• Are on probation/parole only because of unpaid fines or restitution

For those convicted of violent felonies, treason, bribery, or felonies committed outside Kentucky, a petition to the Governor remains required. Kentucky reported 189,612 people had their rights restored between 2020-2024.

Virginia

Virginia permanently disenfranchises all felons unless the Governor restores their rights. Previous governors (McAuliffe, Northam) made the restoration process more automatic, but Governor Glenn Youngkin has implemented a case-by-case review system. Virginia reported only 6,540 restorations from 2022-2024.

Mississippi

Mississippi's constitution lists 10 disenfranchising crimes—murder, rape, bribery, theft, arson, obtaining money under false pretense, perjury, forgery, embezzlement, and bigamy—which state officials have interpreted to include 23 broad criminal categories and approximately 100 specific offenses, including:

• Timber theft
• Felony shoplifting
• Writing a bad check for $100 or more

Notably, many other felonies (assault, burglary, drug offenses) do not result in disenfranchisement in Mississippi. Restoration requires either a gubernatorial pardon or a two-thirds vote of both the state senate and house.

Unusual quirk: People convicted of felonies in federal court do not lose voting rights in Mississippi—only state court convictions trigger disenfranchisement.

Alabama

Alabama disenfranchises those convicted of "crimes of moral turpitude"—a list defined in state law that includes many felonies. Restoration is conditioned on payment of all legal financial obligations. The state has a 5.95% disenfranchisement rate.

Iowa

Iowa's constitution permanently disenfranchises felons unless the Governor restores their rights. In 2020, Governor Kim Reynolds signed Executive Order 7, which automatically restores voting rights to most people who complete their sentences—except those convicted of homicide offenses (Iowa Code Chapter 707). Those individuals must apply individually to the Governor and have completed repayment of all court costs, restitution, and fines (or be current on a payment plan).

Wyoming

Wyoming automatically restores rights only to first-time, non-violent felons who complete their sentences. This restoration applies only to convictions occurring in or after 2016. All others must apply for individual restoration by the Governor.

Federal Convictions: Which State's Rules Apply?

There is no federal law governing voting rights after a felony conviction. Your ability to vote after a federal conviction is determined entirely by the laws of your state of legal residence—not where you were convicted or where you served time.

Examples:

• Convicted in federal court in Texas, but reside in Pennsylvania → You can vote upon release from prison
• Convicted in federal court in Florida, but reside in Vermont → You can vote while incarcerated
• Federal prisoner housed in California, but reside in Maine → You can vote by absentee ballot now
• Convicted in federal court in New York, reside in Tennessee → You must petition the court after completing supervision

This means that for the same federal offense, two people could have completely different voting eligibility based solely on where they live.

How to Register to Vote After Your Rights Are Restored

Even if your rights are automatically restored, you are not automatically registered to vote. You must take action to register.

Steps to Register

1. Confirm your eligibility – Check your state's specific requirements. Do not register if you are uncertain, as registering while ineligible can result in criminal prosecution.
2. Obtain a registration form – You can get forms:
   • At your local election office
   • At the DMV
   • At public libraries and post offices
   • Online through your Secretary of State's website
   • Through voter registration drives
   • Many states include forms in prison discharge packets
3. Complete and submit the form – Provide the required information and sign the affidavit confirming your eligibility
4. Verify your registration – Check online or with your local election office to confirm your registration was processed

Important Warnings

• Do not sign the registration affidavit if you are unsure of your eligibility. Above the signature line is an affidavit confirming you meet all eligibility requirements. Signing a false affidavit is a crime.
• Registration deadlines vary by state. Register well before Election Day to ensure you can vote.
• If you have questions on Election Day, call 866-OUR-VOTE for assistance.

Helpful Resources

• Campaign Legal Center's "Restore Your Vote" tool: https://campaignlegal.org/restoreyourvote
• Vote.gov: https://vote.gov/guide-to-voting/after-felony-conviction
• Your state Secretary of State's website
• Local election offices

Recent Changes and Trends

Since 2020, voting rights have been expanding in many states:

• Minnesota (2023): Now allows voting upon release from prison; parolees and probationers can vote
• Nebraska (2024): Eliminated the 2-year waiting period after sentence completion; Nebraska Supreme Court upheld the change
• New Mexico (2023): Now allows voting upon release from prison
• New Jersey (2020): Now allows voting upon release from prison
• New York (2021): Now allows voting upon release from prison; parolees can vote

Overall, the disenfranchised population has decreased 31% since 2016, from 5.9 million to 4 million people.

Racial Disparities

Felony disenfranchisement has significant racial disparities:

• One in 22 African Americans (4.5%) faces disenfranchisement
• One in 77 non-African Americans (1.3%) faces disenfranchisement
• 15 states disenfranchise 5% or more of their Black adult population
• In Tennessee, the African American disenfranchisement rate exceeds 15%

These disparities have historical roots. Alabama's 1901 constitution explicitly included "crimes of moral turpitude" as disenfranchising offenses as part of an effort to establish white supremacy, targeting offenses believed to be more commonly committed by Black citizens.

Common Misconceptions

"Felons can never vote"

False. Most people with felony convictions can vote once they complete some portion of their sentence. Only a small subset of people in a handful of states face permanent disenfranchisement, and even then, pathways to restoration often exist.

"I have to wait years after my release to vote"

Usually false. Most states restore voting rights either immediately upon release or after completing parole/probation. Long waiting periods have largely been eliminated.

"My federal conviction means I can't vote in federal elections"

False. Your state of residence determines your voting eligibility for all elections—federal, state, and local. Federal law does not separately govern voting after federal convictions.

"If I'm registered, that means I'm eligible"

Not necessarily. Errors happen. Some people register before they are eligible, either intentionally or due to confusion about the rules. Always verify your eligibility before registering and voting.

"I have to pay all my fines before I can vote"

Depends on the state. This is true in Florida and some other states, but most states do not condition voting rights on payment of fines and fees.

Frequently Asked Questions

Q: Can felons vote in the United States?

Yes, most people with felony convictions can vote. Only Maine, Vermont, and Washington D.C. allow voting while incarcerated. In most other states, voting rights are restored automatically upon release from prison or after completing parole and probation. As of 2024, approximately 4 million Americans cannot vote due to felony convictions, but this number has declined 31% since 2016 as more states have expanded voting rights.

Q: Which states allow felons to vote while in prison?

Only three jurisdictions allow people to vote while incarcerated for a felony: Maine, Vermont, and Washington D.C. In these places, you never lose your right to vote regardless of your conviction. Incarcerated individuals vote by absentee ballot. If you are a federal prisoner but your legal residence is in Maine, Vermont, or D.C., you can vote even if the federal prison is located in another state.

Q: When do voting rights get restored after a felony conviction?

It depends entirely on your state of residence. In about 21 states plus D.C., rights are restored automatically upon release from prison. In states like California, Colorado, and New York, you can vote once released from prison even if still on parole. In about 18 states, you must complete your entire sentence including probation and parole. In Florida, Iowa, Kentucky, Tennessee, and Virginia, you may need to petition for restoration or meet additional requirements like paying fines.

Q: Do I need to pay fines before I can vote after a felony?

This varies by state. Florida is the most notable example where payment of all fines, fees, and restitution is required before voting rights are restored—a requirement affecting approximately 730,000 Floridians. Alabama also conditions voting rights on payment of legal financial obligations. However, most states do not require payment of fines before voting.

Q: Which states permanently take away voting rights for felons?

No state permanently disenfranchises all felons, but several states permanently restrict voting for certain offenses. Florida permanently bars those convicted of murder or felony sex offenses. Mississippi permanently bars those convicted of crimes including murder, rape, bribery, theft, arson, and forgery. Tennessee permanently bars those convicted of murder, rape, treason, and voter fraud. In Virginia, Kentucky, and Iowa, restoration requires gubernatorial action for certain offenses.

Q: How do I register to vote after my rights are restored?

Even if your rights are automatically restored, you must still register to vote—registration is not automatic. You can register at your local election office, online through your state's Secretary of State website, at the DMV, or through voter registration drives. Many states provide registration forms in prison discharge packets. Do not register until you are certain your rights have been restored, as registering while ineligible can result in criminal prosecution.

Q: Does a federal felony conviction follow state voting laws?

Yes. There is no federal law governing felon voting rights. Your ability to vote after a federal felony conviction is determined entirely by the laws of your state of legal residence—not where you were convicted or where you served time. If you live in Vermont, you can vote even while incarcerated in a federal prison located in another state.

Q: What is the most restrictive state for felon voting rights?

Tennessee is considered the most restrictive state. Changes enacted in 2023 require individuals to restore their firearm rights before restoring voting rights, which involves a complex court petition process. Tennessee has the highest disenfranchisement rate at 7.68%. Florida has the largest number of disenfranchised citizens (over 960,000) due to its requirement that all fines, fees, and restitution be paid.

See also

• Overview of Incarcerated Persons' Rights
• Supervised Release
• Presidential Clemency and Pardons
• Expungement
• Overview of Reentry Processes