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.

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.  

For a state-by-state guide on felony disenfranchisement laws around the country, view our map.

For a listing of recent news articles and commentary about felony disenfranchisement, click here.

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.

Madison v. Washington

This case challenges a Washington State law preventing people with felony convictions who cannot pay their legal financial obligations from regaining their right to vote.

Gooden v. Worley

The Brennan Center filed an amicus brief in support of the NAACP Legal Defense Fund’s lawsuit to compel the Secretary of State to register eligible Alabama voters.

More Court Cases

Garima Malhotra

Never Mind the Ballots, Unless…

In a startling admonition last month, the British Parliament’s Joint Committee on Human Rights warned the British government must give prisoners the right to vote or the next general election will be illegal under European Law.... 

Erika Wood

Build Democracy, Protect Public Safety

Last week, John F. Timoney, Miami Police Chief and President of the Police Executive Research Forum (PERF), placed two important issues on President-Elect Obama’s to-do list....

Liz Budnitz

Voter Education at Rikers Island

Winette Saunders-Halyard, set out to inform every inmate about his or her right to vote. She asked us to assist her....

More Blog Entries

Illustrations by Risko

Statement on Election Day

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.

Ad Campaign Launched to Help NYers with Criminal Records Vote in ‘08

Manhattan, Brooklyn, Bronx buses to feature posters from voting rights groups. 

More Press Releases

Democracy Restoration Act of 2008

The Democracy Restoration Act of 2008 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.

Association of Paroling Authorities International Resolution in Favor of Voting Rights Restoration

Resolution endorses restoring voting rights and encourages paroling authorities to participate in the passage and implementation of laws that engage former offenders in the civic discourse.

More Legislation & Testimony

A Ballot’s Breadth Away From Rejoining Society

Many ex-offenders want to reclaim their vote, but one month before the presidential election, confusion about eligibility still reigns.

Modern Day Poll Tax

Article in the Clearinghouse Review Journal of Poverty Law and Policy discusses the disproportionate impact and legal history of required payment of fees and fines before voting rights restoration.

Let felons vote

Disenfranchising those who have served their time makes them second-class citizens for life.

More Analysis & Commentary