Voting After Criminal Conviction
Voting is both a fundamental right and a civic duty. However there remains one significant blanket barrier to the franchise: 5.3 million American citizens are not allowed to vote because of a criminal conviction. As many as 4 million of these people live, work, and raise families in our communities, but because of a conviction in their past they are still denied the right to vote.
Felony disenfranchisement laws in the United States are deeply rooted in the troubled history of American race relations, and the disproportionate racial impact of these laws continues to this day. Nationwide, 13% of African-American men have lost the right to vote, a rate that is seven times the national average. Given current rates of incarceration, three in ten of the next generation of African-American men across the country can expect to lose the right to vote at some point in their lifetime.
The Brennan Center works nationwide to restore the vote to people with criminal convictions. Our work, which operates on both the federal and state level, includes litigation, legislative and administrative advocacy, and public education. In 2007, Rhode Island, Florida, and Maryland all expanded the franchise for people with felony convictions.
State Laws – For a state-by-state guide on felony disenfranchisement laws around the country, view our map.
Selected Press Clips – For a listing of recent news articles and commentary about felony disenfranchisement, click here. For press about the DRA, click here.
Federal Legislation, D.R.A. – More recently, the Brennan Center has been working federally with Senator Feingold and Representative Conyers on the Democracy Restoration Act of 2008. The Democracy Restoration Act was introduced on September 26th, 2008 as H.R.7136 and S.3640.
The Center filed an amicus brief with the 6th Circuit of the U.S. Court of Appeals in support of the plaintiff’s challenge to Tennessee’s voter restoration law denying voting rights to individuals with felony convictions. Individuals are not eligible to vote until they pay child support arrears and/or restitution.
The Center filed an amicus brief with the Ninth Circuit of the US Court of Appeals in support of the plaintiff’s challenge to Arizona’s statutory provision denying voting rights to individuals with felony convictions. Voting rights are withheld until those individuals have paid any court-ordered fees, fines, or restitution.
Legal Services for Prisoners with Children v. Bowen
This is case is class action Equal Protection challenge to California’s disenfranchisement law, which bars persons with felony convictions from voting while they are in prison and on parole.
Judge Sotomayor in Good Company on Restoring Voting Rights
Much has been made this past week about a brief dissenting opinion by Judge Sonia Sotomayor in the 2006 Second Circuit decision in Hayden v. Pataki, a case that challenged New York’s felony disenfranchisement law…
Unraveling the Crazy Quilt of Laws
On Monday, Washington Governor Chris Gregoire signed into law the Voting Rights Restoration Act....
Monday marked the passing of a great partner in our work to restore voting rights to people who have come out of the criminal justice system....
Illustrations by Risko
Washington Governor Signs Voting Rights Restoration Act
Right to vote will no longer hinge on economic status.
Universal voter registration, contingency plans needed to ensure every eligible vote can cast a vote that counts.
Reports Show Widespread Confusion About the Voting Rights of People with Criminal Records
Misunderstanding of laws by elections officials could disenfranchise hundreds of thousands of eligible voters.
Erika Wood before the New York State Senate Elections Committee
Testimony on Senate Bill 1266, the Voting Rights Notification and Registration Act before the New York State Elections Committee.
The Democracy Restoration Act is federal legislation introduced by Sen. Feingold and Rep. Conyers to restore voting rights upon release from prison.
NBPA Resolution on Restoring Voting Rights
The NBPA passed this resolution in favor of the automatic post-incarceration restoration of voting rights in June 2008.
Brennan Center Memo of Support of N.Y. Voting Rights Notification & Registration Act
Brennan Center memo supporting Senate Bill 1266 / Assembly Bill 2266.
Voting After Criminal Conviction | 2009 Spring Update
In This Newsletter: Democracy Restoration Act, Faith & Religious Leaders Join Campaign to Restore Voting Rights, Law Enforcement and Criminal Justice Allies, New Report: DeFacto Disenfranchisement, and Progress in the States.