Throughout history it has been common practice in the United States to make felons ineligible to vote, sometimes even permanently. Over the past few decades this issue has been a point of controversy as many say it is taking away one’s fundamental right to vote: a quintessential civil liberty in America.

 

Currently, states fall into about 4 categories regarding felon voting. In the District of Columbia, Maine, and Vermont a felon’s right to vote is never lost even while they are incarcerated. In 18 states, including Pennsylvania, a felon’s right to vote is lost while they are incarcerated but restored immediately upon their release. In 19 states, a felon’s right to vote is lost until they have completed their probation or parole. In the last 11 states, felons lose their voting rights indefinitely, require a pardon from the governor, or require some other additional action before their voting rights are restored.

There has been a significant amount of recent legislation regarding this issue. In 2020, California and New Jersey passed legislation restoring the right to vote for citizens on parole. Washington D.C. joined Maine and Vermont in allowing felons to vote while incarcerated. And Iowa restored the right to vote to felons who have completed their sentence.

There are three main arguments proposed, felons should never lose their right to vote, felons should lose their right to vote only while incarcerated or during their sentence, and felons should permanently lose their right to vote.

Allowing felons to vote while incarcerated is not a very popular opinion as only three states have adopted this policy. Most Americans believe that felons should lose their right to vote while incarcerated since they have committed a severe crime and deserve to have their civil liberties taken away for the period of their sentence. 

Those in the majority believe that felons should only lose their voting rights while incarcerated or until their sentence is completed. This is evident by the fact that the majority of states, 37, have adopted this view. Although states are split about whether to reinstate the right immediately upon release or after the completion of probation or parole, the idea that they should eventually get their right reinstated is the same. 

One argument among those who share this belief is that franchising completes a felon’s reformation. After they are incarcerated, they are released back into society and their rights are reinstated. They are given their freedom back. Their right to vote should be included in this process. Keeping them from voting is not allowing them to fully reintegrate back into society. 

Another argument to reinstate felon voting rights after incarceration is that it strengthens their social ties to society. If voting rights are reinstated for ex-felons then they create stronger ties to society and are encouraged to become engaged in society in a positive way. They will feel less exiled from society and more a part of the community as a whole. This will help encourage them to become a positive influence in society. There is some evidence to support this idea. For example, Delaware has the highest recidivism rate in the United States. They are among the 11 states where felons permanently lose their right to vote or do not have it automatically reinstated. This is evidence that ex-felons in states with these policies feel less a part of society and are therefore driven to commit more crimes. States like West Virginia, South Carolina, and Oklahoma are all among the 5 lowest recidivism rates and all reinstate felon voting rights after probation or parole. 

Lastly, there is the argument that ex-felons have a unique perspective they can use when it comes to voting. They have experienced the United States’ justice system, a large topic of debate when it comes to elections. They deserve to voice their first-hand opinions through their vote. About 8% of the United States population are ex-felons. Although this may seem like a small percentage, this amounts to over 19 million people. These votes could make a significant difference in an election. 

There is also a substantial group of people who believe that felons should permanently have their right to vote revoked because they chose to disobey the law. 

One popular argument among those who share this belief is that ex-felons have shown a lack of judgement when breaking the law and therefore should not be trusted to use good judgment when voting. Voting is a very serious and important civil liberty and should not be taken lightly or used carelessly. 

Another belief is that a crime was committed against society, not just the victims involved. A felony is a very serious offense that can be looked at as harming society as a whole. Because of this, individuals should permanently lose their right to vote. They can never undo the crime they committed and that should have long-lasting consequences that are extended past just incarceration. 

Lastly, some are worried that restoring the right to vote to ex-felons would create a loyal voting block that could be taken advantage of politically. This would mean that a large number of people could form a group to significantly influence elections. If these people do not have the best intentions (because of their past) or good judgement it could be harmful to society as a whole. 

 

Also an important note to be considered is the flaws in our criminal justice system. It is statistically proven that African Americans are incarcerated at a much higher rate than any other ethnic group. This is significant when considering the right to vote because it means that African Americans votes are disproportionately being revoked. Taking away their voice in our democracy could have a very large impact on our society. 

 

Overall, there are many different opinions when it comes to if or how voting rights should be given to felons. It is important that people consider both the benefits and drawbacks to society. I think that our country is heading in a new direction when it comes to this issue. More and more states are passing legislation allowing felons to vote in some capacity. Taking away one’s civil liberty is not a small task and should be seriously considered. After all, the right to vote is a cornerstone of our democracy.

Sources:

https://www.ncsl.org/research/elections-and-campaigns/felon-voting-rights.aspx 

https://news.uga.edu/total-us-population-with-felony-convictions/ 

https://connectusfund.org/14-biggest-pros-and-cons-of-felon-voting-rights 

https://worldpopulationreview.com/state-rankings/recidivism-rates-by-state