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. View our state work 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. The Democracy Restoration Act was introduced on July 24th, 2009 as H.R 3335 and S. 1516.
Selected Press Clips
See recent news, articles and commentary about felony disenfranchisement, here.
Press about the D.R.A., here.
The Ninth Circuit held that Washington’s criminal disenfranchisement law violates the Voting Rights Act. The decision is the first in the country to find that, due to racial discrimination in the state’s criminal justice system, the felony disenfranchisement law results in the denial of the right to vote on account of race.
Simmons vs. Galvin was a challenge to the Massachusetts law which disenfranchises people with felony convictions from voting while they are incarcerated.In a 2-1 decision, the First Circuit Court of Appeals reversed that ruling and held that no claims can be brought against Massachusetts law under the Voting Rights Act.
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.
Alan Alda Reads from “My First Vote”
My First Vote is a compilation of stories from people across the country who voted for the first time in November 2008 after having lost, and then regained, their right to vote following a criminal conviction. Alan Alda reads some of their stories at the 2009 Brennan Legacy Awards.
Adios 2009, Saludos 2010: A Latino Year in Review
Threats to our democracy in 2009 (moving into 2010); and 2009’s successes/accomplishments: an editorial.
44 Years After Landmark Act, Voting Rights Still Needed
44 years ago today the Voting Rights Act was passed, reversing decades of Jim Crow laws and institutionalized racism. Unfortunately, even with unprecedented levels of African-American voter turnout, one major obstacle to African-American voter participation still lingers: criminal disenfranchisement laws.
Illustrations by Risko
Governor Kaine chooses not to restore the right to vote in Virginia
VA Governor Tim Kaine announced today that he will not use his executive powers before leaving office to restore voting rights to 300,000 Virginians who do not have the right to vote because they were once convicted of a crime. Governor Kaine’s decision leaves these citizens without the right to vote even though they have returned to the community and completed all terms of their sentence.
Feingold, Conyers Continue Effort to Restore Voting Rights for Millions of Americans
Senator Feingold and Representative Conyers issue a press release about the Democracy Restoration Act.
Democracy Restoration Act Could Restore the Right to Vote for Millions of Americans
On July 24th, Senator Russ Feingold (D-WI) and Representative John Conyers (D-MI) introduced the Democracy Restoration Act of 2009, a bill that seeks to restore voting rights in federal elections to nearly 4 million formerly incarcerated American citizens who are out of prison, living in the community.
Erika Wood Testifies in Wisconsin on Senate Bill 240
Erika Wood submits written testimony to the Wisconsin Senate Committee on Labor, Elections and Urban Affairs in support of Senate Bill 240, the Wisconsin Democracy Restoration Act.
Erika Wood Submits Testimony in Wisconsin on Assembly Bill 353
On August 3, 2009 Erika Wood submitted written testimony on Assembly Bill 353, the Wisconsin Democracy Restoration Act, to the Assembly Committee on Corrections and the Court. The Wisconsin Democracy Restoration Act would restore the right to individuals who are on probation or parole for a felony conviction.
The Democracy Restoration Act is federal legislation introduced by Sen. Feingold and Rep. Conyers to restore voting rights upon release from prison.
It Isn’t Complicated: Restore the Vote to 300,000 Americans
A call to Governor Tim Kaine to use the last few days in his tenure to restore to a huge number of citizens their right to vote.
Voting After Criminal Conviction | 2009 Summer Update
In This Newletter: Democracy Restoration Act, My First Vote, Victory in Washington and Additional State Reform.
Summary of 2009 Voting Rights Restoration in the States
This document provides a summary of voting rights restoration legislation in the states during the the 2009 legislative session.