Expanding the Vote: State Felony Disenfranchisement Reform, 1997-2023

By Nicole D. Porter and Morgan McLeod

Voting eligibility and a person’s involvement in the criminal legal system have a historical but unnatural association in the United States. Some state laws dating back over 100 years, and motivated by racist ideology, permanently ban people convicted of a felony from voting, and almost all states have long prevented voting by people in prison. Over the last 50 years the country’s investment in mass incarceration not only staggeringly increased the prison population and the community of people with a criminal record but increased the number of people banned from voting due to a felony conviction. As a result, over 4.6 million Americans with a felony conviction were disenfranchised as of 2022, disproportionately impacting Black and Latinx residents. Despite the stark consequences of mass incarceration and voter disenfranchisement, the advocacy of incarcerated and formerly incarcerated activists, organizers, legislative champions, and others have successfully fought to pass reforms to expand voting rights to justice-impacted individuals. These changes, both administrative and statutory in recent decades, coupled by recent modest declines in the population of incarcerated people and those under community supervision reduced the total number of people disenfranchised by 24% since reaching its peak in 2016. OVERVIEW Understanding the origins of this progress to restore voting rights is beneficial for democracy and justice. This report provides a state-by-state accounting of the changes to voting rights for people with felony convictions and measures its impact.5 Since 1997, 26 states and the District of Columbia have expanded voting rights to people living with felony convictions or amended policies to guarantee ballot access. These reforms were achieved through various mechanisms, including legislative reform, executive action, and ballot measures. The reforms include: • restoration of voting rights to persons in prison in Washington, DC; • expansion of voting rights to some or all persons on felony probation or parole in 12 states; and • increased accessibility for persons seeking rights restoration in 14 states. Over 2 million Americans have regained the right to vote since 1997. These changes to expand and guarantee voting rights demonstrate national momentum to reform the nation’s restrictive and racially discriminatory voting laws.

Washington, DC: The Sentencing Project, 2023. 28p.