Empowering People Convicted of Felonies to Register To Vote: A Toolkit

The Challenge

Many people believe that if someone is convicted of a felony, they lose their right to vote permanently. This is incorrect. However, the right to vote again varies by state. It can be hard to find if or when someone can register to vote again if they have been convicted of a felony.

The Opportunity

The right to vote again varies by state. Knowing the laws in a state allows people convicted of a felony to understand if they have the right to vote. Each state also has organizations that help people who have been convicted of a felony register to vote if they are eligible.

Background

Most states will remove people from the voter rolls for any felony conviction while they serve a felony sentence. This may include time in jail, on parole, and on probation. Each state has different laws.

Different states have different voting laws for people convicted of felonies who have been released. For example, in Georgia, Texas, or Arkansas, some people with felony convictions can vote after they’ve completed their sentence and paid certain fines.

In Alabama, the law says that only “crimes of moral turpitude” remove the ability to vote permanently. Here is a list of crimes categorized as “crimes of moral turpitude.”

The only felony drug crime that prevents voting again is trafficking. For example, people convicted of drug possession do not lose their voting rights permanently.

Once someone who does not have any currently pending felony charges has completed their sentence, including supervision, and paid any fines and fees, they may apply to get their certificate of eligibility to register to vote (CERV). 

Next Steps

Organizations that help people get back on the Alabama voter rolls: 

People can also register here to vote in Alabama with an Alabama ID and check their voter registration status here.

Arkansas automatically stores the voting rights of people who receive a felony conviction restored once they complete their sentence. This includes the prison sentence, parole, and probation. All that is needed is proof of sentence completion and voter registration. 

Next Steps

Organizations that help people get back on the Arkansas voter rolls: 

People can also check their voter registration status here.

In most cases in Florida, people who receive a felony conviction have their voting rights restored automatically upon completing their sentence. This includes the prison sentence, parole, and probation. They must also pay off all fines, fees, and restitution associated with the felony conviction. 

The only exception is people convicted of murder or a sexual felony offense. These convictions require an order of clemency to get back voting rights.

Next Steps

Organizations that help people get back on the Florida voter rolls: 

Eligible voters can register online with a Florida ID. They can also check their voter registration status here.

People who receive a felony conviction in Georgia have their voting rights restored automatically upon completing their sentence. The sentence term includes the prison sentence, parole, and probation.

Next Steps

Organizations that help people get back on the Georgia voter rolls: 

Eligible voters can register online with a Georgia ID here. They can also check voter registration status here.

In Kentucky, the voting rights of people who receive a non-violent felony conviction are automatically restored upon sentence completion. The sentence term includes the prison sentence, parole, and probation. 

People with a federal conviction or a conviction from another state court are not eligible automatically for restoration. 

People convicted of these convictions are not eligible for voting rights restoration. They include

In these cases, people may petition the Governor to have their voting rights restored if they have completed their sentence and have paid off any legal financial obligations associated with the disqualifying conviction(s). 

Next Steps

Organizations that help people get back on the Kentucky voter rolls:  

Eligible voters can register online with a Kentucky ID here. They can also check their voter registration status here.

In Louisiana, people with a felony conviction are eligible to re-register to vote after completing parole and probation or after five years of release from direct incarceration, whichever is first. 

The only exception is people convicted of an election offense. This results in permanent disenfranchisement. 

Next Steps

Organizations that help people get back on the Louisiana voter rolls: 

Eligible voters can register online with a Louisiana ID here. People can also check their voter registration status here.  

In Mississippi, people convicted of a non-felony conviction can vote while in prison. However, people with a felony conviction cannot.

After sentence completion, Mississippi has twenty-three specific crimes that require a pardon from the governor, executive order, or a two-thirds vote by the state House to register to vote again.

For all other felony charges: after sentence completion, including supervision, and paying any fines and fees, people may register to vote.

Next Steps

Organizations that help people get back on the Mississippi voter rolls:

People can check Mississippi voter registration status here. 

In North Carolina, people who receive a felony conviction automatically have their voting rights restored upon sentence completion. The sentence term includes the prison sentence, parole, and probation.

Next Steps

Organizations that help people get back on the North Carolina voter rolls:

Eligible voters can register online with a North Carolina ID. People can also can check voter registration status here.

In South Carolina, in most cases, people who receive a felony conviction automatically have voting rights restored upon sentence completion. The sentence term includes your prison sentence, parole, and probation.

The exception is election law felonies and misdemeanors. These convictions permanently disenfranchise people from voting. 

Next Steps

An organization that helps people get back on the South Carolina voter rolls is LWV South Carolina.

Eligible voters can register online with a South Carolina ID. People can also check voter registration status here. 

In Tennessee, people who receive a felony conviction may be eligible to vote again depending on when they were convicted and for what charge.

People convicted between January 15, 1973, and May 17, 1981: are eligible to vote.

People convicted after May 17, 1981: eligibility to vote depends on the felony charge.

  • People convicted of voter fraud, treason, any felonious rape, any sexual offense against minors, any degree of murder, or bribery and other public official misconduct are permanently disenfranchised from the right to vote.
  • For any other felony, a person must get a pardon for full restoration of citizenship, and pay any fines and fees and/or child support.

Next Steps

Organizations that that helps people get back on the Tennessee voter rolls: 

Eligible voters can register online with a Tennessee ID. People can also check voter registration status here. 

In Texas, people who receive a felony conviction cannot vote from prison. However, voting rights are automatically restored upon sentence completion. The sentence term includes prison sentence, parole, and probation.

Next Steps

Organizations that can help people get back on the Texas voter rolls: 

Eligible voters can register online with a Texas ID. People can also check voter registration status here.

People convicted of a felony in Virginia can only restore their right to vote through individual clemency granted by the governor. 

They can start the rights restoration process by checking if their voting rights were already restored. They also can use the portal to request clemency if their voting rights were not already restored. 

Next Steps

Organizations that can help people get back on the Virginia voter rolls: 

Eligible voters can register online with a Virginia ID. People can also check their voter registration stastus here.  

In most cases in West Virginia, people who receive a felony conviction have their voting rights restored automatically upon sentence completion. The sentence term includes prison sentence, parole, and probation.

Next Steps

Organizations that can help people get back on the West Virginia voter rolls: 

Eligible voters can register online with a West Virginia ID. They also can check voter registration status here. 

VoteRiders works nationally to help people navigate becoming a voter again after a felony conviction. Call 1-866-ID2-VOTE or visit voteriders.org

Campaign Legal Center’s Restore Your Vote is another national resource. Visit their website here.

Reaching People Convicted of Felonies To Get Registered To Vote

Getting a list of people purged from the voter rolls is the first step to reaching people who were convicted of felonies and are eligible to register to vote. In some places, requests for voter roll purge lists go to the state. In others, voter registration purges happen at the county level, so it requires a request for a list from each county.

The Secretary of State in each state is responsible for maintaining active voter rolls and purging anybody from said rolls deemed ineligible to vote. People can be deemed ineligible for several reasons, including felony disenfranchisement.

To access a state’s purged voter list, start with a FOIA request citing the National Voter Registration Act of 1993. The NVRA (52 U.S.C. § 20507(i)(1) states that

(1)Each State shall maintain for at least 2 years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that such records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular voter is registered.

(2)The records maintained pursuant to paragraph (1) shall include lists of the names and addresses of all persons to whom notices described in subsection (d)(2) are sent, and information concerning whether or not each such person has responded to the notice as of the date that inspection of the records is made.”

This means that any and all voter list purging done within two years should be available for public inspection at a reasonable cost.

Be prepared for pushback when requesting information from the SOS office. Citing GMB v. Merrill may be helpful. See the below Alabama case study for more information.

Once voter lists are in hand, organizations can reach out to them. Voter lists will have people’s last known address and phone number. Reaching out by mail is recommended. A disproportionate number of people who have been convicted of felonies come from lower-income communities. Research shows that using phone numbers for texting campaigns is less successful and more challenging than sending physical mail when reaching people convicted of felonies to get registered to vote.

There is a common misconception that all people everywhere convicted of any kind of felony are disenfranchised. Many people do not know that they can register to vote if they meet certain conditions. People may need to know that they could be eligible to vote when contacted.

Once someone knows they may be eligible to vote, they still will have to take steps to register. Above are organizations in every Southern state that can help people identify and take the next steps required by their state to register or re-register to vote.

Case Study: Alabama Law HB282

In 2017, Alabama Governor Kay Ivey signed HB282 into law. HB282 gave thousands of people eligibility to have their voting rights restored. It named fewer than 50 specific felony offenses that could lead to permanent voter disenfranchisement. It also outlined the process for people convicted of all other felonies in Alabama to restore their rights to vote.

However, many eligible voters did not know that their rights had been restored.

This case study outlines the steps the Greater Birmingham Ministries took to find people  convicted of felonies who were newly eligible to vote and connect them to voter registration resources.

1. Identify Eligible Voters

Getting a list of people purged from the voter rolls is the first step to reaching people who were convicted of felonies and are eligible to register to vote. In some places, requests for voter roll purge lists go to the state. In others, voter registration purges happen at the county level, so it requires a request for a list from each county.

The Secretary of State in each state is responsible for maintaining active voter rolls and purging anybody from said rolls deemed ineligible to vote. People can be deemed ineligible for several reasons, including felony disenfranchisement.

To access a state’s purged voter list, start with a FOIA request citing the National Voter Registration Act of 1993. The NVRA (52 U.S.C. § 20507(i)(1) states that

(1)Each State shall maintain for at least 2 years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that such records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular voter is registered.

(2)The records maintained pursuant to paragraph (1) shall include lists of the names and addresses of all persons to whom notices described in subsection (d)(2) are sent, and information concerning whether or not each such person has responded to the notice as of the date that inspection of the records is made.”

This means that any and all voter list purging done within two years should be available for public inspection at a reasonable cost.

Be prepared for pushback when requesting information from the SOS office. Citing GMB v. Merrill may be helpful. See the below Alabama case study for more information.

2. Contact Eligible Voters

In Alabama, organizations reached out to potential voters in three main ways: texting, radio and social media advertisements, and physical mail. Physical mail was the most effective.

Texting: The Campaign Legal Center organized Alabama texting campaigns. After acquiring the list from the GBM v. Merrill lawsuit, it used ThruText to message phone numbers on the list and ask people if they wanted help with their voting rights. From there, individual volunteers from Return My Vote, GMB, and the University of Alabama’s Vote Everywhere chapter, would ask the person questions to ascertain their eligibility to vote. The texting campaign did not have a high response. 

Radio and Facebook Ads: Return My Vote tried radio and Facebook advertisements to tell people that they could get their voting rights back. Those ads directed them to the RMV website. However, organizers found they needed outreach that would reach older people impacted by disenfranchisement who might have less experience with technology. 

Physical Mail: Physical mailers saw improvement in rates of return. The mailers had a phone number for the Return My Vote hotline. It also had two QR codes. One led to the RMV website and the other to the list of disenfranchising felonies in Alabama. However, as expected, most of the responses to the mailer came by way of phone calls.

3. Let People Know They Are Eligible To Vote

There is a common misconception that all people everywhere convicted of any kind of felony are disenfranchised. Many people do not know that they can register to vote if they meet certain conditions. People may need to know that they could be eligible to vote when contacted.

4. Connect People To Resources To Get Registered

Once someone knows they may be eligible to vote, they still will have to take steps to register. Above are organizations in every Southern state that can help people identify and take the next steps required by their state to register or re-register to vote.