Felony disenfranchisement in the United States

Disenfranchisement laws per US State based on felony conviction as of May 2023.

In the United States, a person may have their voting rights suspended or withdrawn due to the conviction of a criminal offense. The actual class of crimes that results in disenfranchisement vary between jurisdictions, but most commonly classed as felonies, or may be based on a certain period of incarceration or other penalty. In some jurisdictions disfranchisement is permanent, while in others suffrage is restored after a person has served a sentence, or completed parole or probation.[1] Felony disenfranchisement is one among the collateral consequences of criminal conviction and the loss of rights due to conviction for criminal offense.[2] In 2016, 6.1 million individuals were disenfranchised on account of a conviction, 2.47% of voting-age citizens. As of October 2020, it was estimated that 5.1 million voting-age US citizens were disenfranchised for the 2020 presidential election on account of a felony conviction, 1 in 44 citizens.[3] As suffrage rights are generally bestowed by state law, state felony disenfranchisement laws also apply to elections to federal offices.

Proponents have argued that persons who commit felonies have broken the social contract, and have thereby given up their right to participate in a civil society. Some argue that felons have shown poor judgment, and that they should therefore not have a voice in the political decision-making process.[4] Opponents have argued that such disfranchisement restricts and conflicts with principles of universal suffrage.[5] It can affect civic and communal participation in general.[1] Opponents argue that felony disenfranchisement can create political incentives to skew criminal law in favor of disproportionately targeting groups who are political opponents of those who hold power.

Many states adopted felon voting bans in the 1860s and 1870s, at the same time that voting rights for black citizens were being considered and contested. Scholars have linked the origins and intents of many state felon voting bans to racial discrimination.[6][7][8] In some states, legislators have been accused of specifically tailoring felon voting bans to purposely and disproportionately target African Americans, for example, by targeting minor crimes more common among these citizens while allowing felons who committed more serious crimes (such as murder) to vote.[9][10]

  1. ^ a b Bowers, Melanie M; Preuhs, Robert R (September 2009). "Collateral Consequences of a Collateral Penalty: The Negative Effect of Felon Disenfranchisement Laws on the Political Participation of Nonfelons". Social Science Quarterly. 90 (3): 722–743. doi:10.1111/j.1540-6237.2009.00640.x.
  2. ^ Siegel, Jonah A. (January 1, 2011). "Felon Disenfranchisement and the Fight for Universal Suffrage". Social Work. 56 (1): 89–91. doi:10.1093/sw/56.1.89. PMID 21314075.
  3. ^ CNN, More than 5 million people with felony convictions can't vote in this year's election, advocacy group finds, October 15, 2020.
  4. ^ Eli L. Levine, "Does the Social Contract Justify Felony Disenfranchisement?", 1 Wash. U. Jur. Rev. 193 (2009).
  5. ^ "LOSING THE VOTE: The Impact of Felony Disenfranchisement Laws in the United States" (PDF). Human Rights Watch and the Sentencing Project. October 1998. Archived from the original (PDF) on 2010-07-10.
  6. ^ Manza, Jeff; Uggen, Christopher (2008). Locked out: felon disenfranchisement and American democracy. Oxford University Press. ISBN 978-0-19-534194-2. OCLC 475496614.
  7. ^ Behrens, Angela; Uggen, Christopher; Manza, Jeff (2003). "Ballot Manipulation and the "Menace of Negro Domination": Racial Threat and Felon Disenfranchisement in the United States, 1850–2002". American Journal of Sociology. 109 (3): 559–605. doi:10.1086/378647. ISSN 0002-9602. JSTOR 10.1086/378647. S2CID 39843590.
  8. ^ "The Racist Roots of Denying Incarcerated People Their Right to Vote". American Civil Liberties Union. 3 May 2019. Retrieved 2020-08-15.
  9. ^ "The race-infused history of why felons aren't allowed to vote in a dozen states". The Washington Post. 2016.
  10. ^ "Racism & Felony Disenfranchisement: An Intertwined History | Brennan Center for Justice". www.brennancenter.org. Retrieved 2020-08-15.