We’ve let felonies lock millions of citizens out of their voting rights

As we approach the 2024 election, it is time for all of us to consider the millions of people — mostly Black and brown men — who have been systematically locked out of the democratic process due to their history with the criminal legal system.

In every election since 2000, over 4.6 million have been disenfranchised by state laws that prevent people with felony convictions from voting. Depending on the state, people may be denied the right to vote during some or all of their sentence — or for the rest of their lives.

Since Reconstruction, felony disenfranchisement laws have been systematically designed to limit Black political power. After the 15th Amendment granted Black men the right to vote, lawmakers drafted new laws and regulations to target and disenfranchise Black men, such as literacy tests and poll taxes. 

According to the Brennan Center for Justice, these racist efforts also included passing laws taking away voting rights from anyone convicted of a felony and expanding the types of crimes deemed felonies, specifically including petty crimes like bigamy and vagrancy that were often used to target Black citizens. This laid the foundation for the mass disenfranchisement we see in America today. In fact, 1 in 19 Black Americans above the age of 18 is currently disenfranchised due to a current or previous felony conviction. In some states, as many as 1 in 5 Black adults can’t vote.

Only Maine, Vermont, Washington D.C. and Puerto Rico allow all incarcerated people to vote. Maine and Vermont, which are among the smallest and least diverse states in the country, never took the right to vote away from incarcerated individuals. Even more people are disenfranchised because of confusion around eligibility laws, which vary by state and often are misinterpreted even by government officials.

We’ve spent years working as advocates for people who have experienced trauma through gun violence, police violence and healthcare inequity. More than any other issue, voting rights restoration is the most misunderstood. Too often, we hear that people who are incarcerated “don’t want to vote” or “don’t care about democracy.”

That couldn’t be further from the truth.

In our experience working with formerly and currently incarcerated individuals, they are passionate about politics and want to vote — so much so that they find any opportunity to engage civically. There are frequent elections for groups and leadership inside prison. The advocates we’ve worked with say that no time is busier in the TV room inside than championship night, movie night and election night.

Voting is a right — not a privilege — for all people who are completing their sentence who are otherwise legally eligible to do so, no matter who they are or where they lay their heads at night. The millions of Americans impacted by felony disenfranchisement are professionals, parents, community leaders and more. They want to vote for better economic opportunities for their families, a quality education for their kids and access to clean air and water for their communities.

Voting rights restoration isn’t just the right thing to do, it’s also good policy — for the individual and the community. After all, 95 percent of state prisoners return home to their families and communities. Multiple studies show that restoring voting rights to those impacted by the criminal legal system can reduce recidivism and ease reentry, enhancing public safety and reducing crime. Voting rights help ensure that currently and formerly incarcerated people retain both their ties to their communities and their responsibilities to their communities.  

Perhaps that’s why recent polling by Stand Up America (where one of us is deputy director of communications), The Sentencing Project (where one of us is senior director of advocacy), Common Cause, and State Innovation Exchange found that 56 percent of voters believe voting should be a guaranteed right for all citizens 18 and older, regardless of their incarceration status. 

Thankfully, state lawmakers and advocates across the country are starting to pass voting rights restoration measures. In 2023, states like Minnesota and New Mexico have reenfranchised over 57,000 formerly incarcerated individuals on parole and probation.

See also

Criminal Justice & African Americans

Use of race in college admissions was outdated, flawed

However, there is more work to be done to educate Americans about felony disenfranchisement and who is locked out of our democracy every election season. We need to demand that our lawmakers live up to the promise of America.

As we gear up for the 2024 election, it’s critical that we not only educate ourselves on felony disenfranchisement but also elect lawmakers who commit to making sure that every citizen has the right to vote. We must continue to fight, led by impacted individuals and young people who understand the tide is changing, to make sure that voting is a fundamental freedom. 

The “we” in “We the People” must include all people completing their sentence who are otherwise legally eligible to do so, regardless of their incarcerated status. 

Nicole Porter is the senior director of advocacy with The Sentencing Project. Sarah Harris is the deputy director of communications for Stand Up America. Both groups are part of a national coalition working to restore voting rights for currently and formerly incarcerated individuals.