Is Restricting Voting Rights for Felons Constitutional?
The right to vote is a state issue. States were free to exclude anyone they wanted to from voting and they did. It was not until after the Civil War that the federal government stepped in to force states to guarantee voting rights regardless of race, color, or sex — and eventually the right of eighteen-year-olds to vote — by amending the Constitution.
There are no such guarantees in the U.S. Constitution for persons convicted of crimes. In fact, prior to the 1974 U.S. Supreme Court decision in Richardson v. Ramierz, the courts had not determined the constitutionality of states restricting voting rights. The Richardson court held that the Fourteenth Amendment allowed states to restrict voting rights to persons for "participation in rebellion, or other crime."
Restoring Voting Rights for Felons
Whether a person with a felony conviction is permanently barred from voting is determined on a state-by-state basis. Restoring the voting rights of felons has had an uneven history. Over the years, states have loosened the restrictions only to reinstate them later.
Almost all states prohibit felons from voting, but most reinstate the voting privileges at some point. States vary in how they handle restoring a felon's voting rights and typically fall into three categories:
Felons don't lose the right to vote
Automatic reinstatement
Conditional reinstatementNever lose the right to vote: There are two states (Maine and Vermont) where felons never lose their voting rights. They are able to vote even from a prison cell.
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