Bipartisan Support For Restoring Voting Rights
In today’s hyperpartisan environment, it may seem like there is little that Democrats and Republicans can agree on. When it comes to voting rights, things are no different. Voter ID laws, mail-in ballots, and early voting continue to generate controversy in Washington and state capitols across the country. It may come as a surprise, then, that at least one area of election law enjoys widespread bipartisan support.
Felon voting rights have historically been a source of significant controversy.
“While the origins of disenfranchisement can be traced back to early colonial law in North America, and even farther back to ancient Greece, the punishment was typically applied only in individual cases for particularly serious or elections-related crimes. It wasn’t until the end of the Civil War and the expansion of suffrage to black men that felony disenfranchisement became a significant barrier to U.S. ballot boxes. At that point, two interconnected trends combined to make disenfranchisement a major obstacle for newly enfranchised black voters. First, lawmakers — especially in the South — implemented a slew of criminal laws designed to target black citizens. And nearly simultaneously, many states enacted broad disenfranchisement laws that revoked voting rights from anyone convicted of any felony. These two trends laid the foundation for the form of mass disenfranchisement seen in this country today.” [Brennan Center]
Forty-eight states currently place some kind of restriction to voting on those who have been convicted of a felony, prohibiting roughly 4.6 million citizens across the country from casting ballots. The specifics of these restrictions vary greatly from state to state. In 23 states, felons only lose their right to vote while incarcerated and their eligibility to cast a ballot is automatically restored upon their release. In 14 states, a citizen’s right to vote is lost while incarcerated and for some period afterward. In these states, felons may also be required to pay outstanding fines, fees, and restitution before being permitted to vote again. The remaining states range from permanent loss of the right to vote for citizens convicted of a felony to an extended waiting period following release from confinement. The impact these rules have is equally inconsistent. In Massachusetts, .15% of otherwise eligible voters are disenfranchised based on a criminal conviction, while more than 8% of Alabama, Mississippi, and Tennessee citizens are forbidden from participating in an election. In Vermont, Maine, and Washington DC, voters don’t lose their right to cast a ballot due to a criminal conviction.
Recently, the trend has moved towards restoring felons’ voting rights sooner and with fewer hoops to jump through. This year, nearly 70 bills have been introduced in 20 states from across the political spectrum to restore voting rights for those with criminal records. Legislators in Oregon are working to lift all restrictions on voting by felons, including those currently incarcerated. A Texas bill would grant voting rights to those on parole or probation. Minnesota recently restored voting rights to felons who have been released from prison and New Mexico is close to doing the same. Nebraska is considering eliminating the current two-year wait after a felon completes his or her sentence before being allowed to vote. During a legislative hearing on the bill, of the nearly 20 witnesses who testified, only one opposed the proposal.
Florida is the notable outlier in this trend towards expanded voting rights for felons. Five years ago, Florida voters passed the Voting Restoration for Felons Amendment with 65% support. The Constitutional amendment promised to “restore[] the voting rights of Floridians with felony convictions after they complete all terms of their sentence including parole or probation.” Since its passage, though, implementation has been caught up in court and legislative battles. Counties began registering voters with criminal records, some of whom were later determined to be ineligible based on outstanding court debts, and are now facing new criminal charges.
On the federal level, a nationwide restoration of voting rights was included in H.R. 1, the For the People Act of 2021, which would have also reformed campaign finance law, banned partisan gerrymandering, and created new ethics rules for federal elected officials. The bill passed the House of Representatives but was filibustered in the Senate.
Last year, a national survey found half of all Americans supported voting rights for citizens with felony convictions, including those still incarcerated in prison, compared to 41% opposed. 54% agreed with the statement that “All citizens, regardless of it they have a felony conviction in the past, should be eligible to vote.” Support is even higher among young people, minorities, and those who work in the criminal justice system.
As America’s political divisions grow wider and wider, it is nice to know that there is still some room for bipartisan agreement. Some issues with substantial cross-party support, like good schools, clean air, and less poverty, are obvious. Others, like restoring ballot access, may be more surprising. Elected leaders from across the political spectrum should listen to voters and work to ensure that a criminal record does not restrict a citizen’s ability to cast a ballot in an election.
Nicholas Monck served as the Deputy Director for Voter Protection for the Colorado Democratic Party in 2018 and Boulder County Democratic Party Legal Team Co-Lead from 2017–2019. Opinions expressed are his own and do not represent the views of his employer.
