Felony disenfranchisement is one of the most insidious forms of voter suppression in America, a silent yet potent weapon that systematically strips millions of Black Americans of their voice. It’s not just about a ballot; it’s about the power to shape our communities, demand accountability, and fight for justice. But the reality is, in a nation that claims to be a beacon of democracy, Black Americans are banned from voting at four times the rate of other races. And in the South, the legacy of Jim Crow still echoes—over 1 in 5 Black adults are unable to vote due to felony convictions.
A History of Disenfranchisement
Disenfranchisement is the systematic removal of the right to vote, historically wielded against those society deemed unworthy of participating in the democratic process—namely, women, minorities, and those with felony convictions. While laws barring women and racial minorities from voting have been overturned, felony disenfranchisement laws remain a glaring exception, disproportionately affecting Black communities. The roots of these laws are not arbitrary; they are deeply intertwined with a history of racial discrimination that dates back to the post-Civil War era.
After the 13th Amendment abolished slavery, Southern states quickly moved to enact Black Codes and later Jim Crow laws to maintain racial hierarchy. One of the most effective tools was felony disenfranchisement—ensuring that Black Americans, many of whom were disproportionately targeted and incarcerated, would remain politically powerless. It’s no coincidence that states with the most stringent disenfranchisement laws are those with large Black populations. In these states, felony disenfranchisement isn’t just a byproduct of the criminal justice system; it’s an extension of it.
Modern-Day Voter Suppression
Today, voter suppression has evolved, but its goals remain the same: to control who gets to participate in democracy. While outright intimidation, like the beatings and murders seen in the 1960s, may be less common, the tactics have simply become more bureaucratic. Poll taxes and literacy tests have been replaced by restrictive voter ID laws, purges of voter rolls, reduced polling locations, and limitations on absentee and early voting—measures that disproportionately affect Black voters.
Felony disenfranchisement is one of the most pervasive forms of voter suppression, stripping the vote from individuals with felony convictions. Many are unaware that in some states, even after serving their sentences, they are still denied the right to vote. It’s a chilling reminder that punishment in America often extends far beyond the prison walls.
Since 2018, a wave of states have taken steps to restore voting rights to formerly incarcerated individuals. This progress has been driven by a growing recognition that disenfranchisement is fundamentally anti-democratic. Constitutional amendments, legislation, and executive actions have re-enfranchised millions. However, the road to restoration is not without its hurdles. A historic 2018 ballot measure in Florida was supposed to restore voting rights to 1.4 million people. But lawmakers swiftly undercut the measure, instituting a “poll tax” in the form of court fees that most newly enfranchised voters could not afford.
The Great Fight In Florida
Despite setbacks, grassroots organizations continue to make significant strides in restoring voting rights. In 2020, the Florida Rights Restoration Coalition raised $27 million to clear court fees and fines, successfully restoring the voting rights of nearly 40,000 formerly incarcerated individuals.
Just days before the 2020 election, Michael Jalazo of People Empowering and Restoring Communities emphasized the broader benefits of re-enfranchisement, stating, “These are people. They’ve paid their debt to society. And what we’re about is giving people second chances. If someone has an opportunity to make a living wage and pay rent and utilities and they become tax-paying citizens, this is better for our community.”
Former New York City mayor Michael Bloomberg demonstrated significant support by raising over $16 million to pay off fines and fees for thousands of formerly incarcerated Floridians, highlighting the issue’s critical importance. With such efforts, Florida could become a key battleground state for Democrats in November.
The Path Forward
To dismantle felony disenfranchisement, we need bold action at the national level. Congress must establish a federal standard guaranteeing the right to vote for all citizens, regardless of their past convictions. Anything less perpetuates a two-tiered system in which some are deemed worthy of participating in democracy while others are permanently cast aside.
The impact of felony disenfranchisement extends far beyond individual voters. It dilutes the political power of entire communities, particularly Black and Brown communities already grappling with systemic barriers. It affects who gets elected, the prioritized policies, and ultimately, the lived realities of millions of Americans. Re-enfranchising formerly incarcerated individuals isn’t just about correcting past wrongs but building a future where every voice matters.
Clay Cane is a SiriusXM radio host and the author of the New York Times bestseller The Grift: The Downward Spiral of Black Republicans From the Party of Lincoln to the Cult of Trump.