How felon voting laws vary by state and what it means for Donald Trump
Donald Trump’s historic felony conviction last month raised questions about his ability to vote for himself as he vies to return to the White House.
The answer depends on whether the former president will spend time in prison, which will be revealed at his sentencing July 11.
Though Trump’s circumstances are uncommon, the complexity surrounding convicted felons’ right to vote is not. Nationwide, states laws regarding whether felons lose their rights and when and how they may regain them vary widely.
Anthony Witherspoon was convicted of manslaughter in 1992. When he arrived at a Mississippi prison to serve his sentence, he discovered he retained his right to vote because his crime was not one of the 23 that bar felons from voting in his state. He cast his ballot from prison and organized a voter registration drive encouraging other eligible inmates to do the same.
Upon his release from prison, Witherspoon became a criminal justice reform advocate working with the NAACP and ACLU. He was elected mayor of Magnolia in 2014 and served two terms. He currently is working with the One Voice Public Policy Initiative to restore the state’s ballot initiative process in order to create an initiative that would restore all convicted felons’ voting rights once they have completed their sentences. He described the issue as a “nonstarter” in the state legislature, which is overwhelmingly Republican.
“My situation is different from Trump’s. I completed the terms of my sentence. I paid my debt to society,” Witherspoon said. “Our position has always been to the Mississippi legislature to allow those who have paid their debt to society, including all the time of their sentence, which includes probation and paying fines, to have their voting rights restored.”
Where are convicted felons elegible to vote?
Mississippi is just one state where the voting rights of those formerly incarcerated can get complicated. Here’s a look at felon voting rights by state:
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming
Alabama
According to the Alabama Constitution, people who commit “crimes of moral turpitude” lose their right to vote in the state. A 2017 state law defined a list of 46 acts that qualify as crimes of moral turpitude, from murder to sexual abuse. Felons who have not been charged with treason or faced impeachment can apply to restore their voting rights if pardoned by the Board of Pardons and Paroles.
Alaska
People in Alaska with felony convictions may register to vote upon submitting proof that they have completed their sentence, including parole or probation, to the Division of Elections.
Arizona
Arizona automatically restores residents convicted of only one felony, excluding firearms-related crimes, upon completion of all supervised release. People convicted of multiple felonies must have their right to vote restored by the judge who discharges them at the end of their probation period or by successfully petitioning a court.
Arkansas
People in Arkansas with felony convictions may register to vote upon submitting proof that they have completed their sentence, including parole or probation, and paid all related fees or fines to the county clerk.
California
Those in California with a felony conviction currently serving a prison term in a state prison, federal prison, or a local detention facility cannot vote. Upon completion of their sentence, voting rights are automatically restored. In 2020, state Proposition 17 passed, allowing convicted felons on probation to vote.
Colorado
Colorado convicted felons lose the right to vote while incarcerated. Their voting rights are restored when they are on parole, probation, or have completed their sentence.
Connecticut
People convicted of a felony in Connecticut lose the right to vote while incarcerated. Their voting rights are restored upon completion of their sentence and payment of all related fines. Those convicted of a felony related to violating an election statute will not have their voting rights restored until they are discharged from probation.
Delaware
Convicted felons who have not committed a crime of moral turpitude automatically have their voting rights restored upon completion of their sentence. Crimes of moral turpitude in Delaware include murder, manslaughter, sex offenses, and bribery or public corruption.
District of Columbia;
All eligible citizens, including convicted and incarcerated felons, can vote in the District of Columbia, and noncitizens can vote in local elections.
Florida
Florida residents who have been convicted of a felony, excluding crimes of moral turpitude like murder or sexual abuse, automatically have their voting rights restored upon completion of their sentence, including parole and probation, and payment of all related fines and fees. If a Floridian is convicted of a felony in another state, their right to vote is determined by the rules in the state where they were convicted. Trump is a Florida resident, so his ability to vote will be determined by the law in New York, where he was convicted.
Georgia
Those serving a felony First Offender or Conditional Discharge sentence in Georgia whose voter status has not been revoked remain eligible to vote. Other felons’ voting rights are restored in Georgia upon completion of their sentence, including parole and probation.
Hawaii
Hawaii convicted felons lose the right to vote while incarcerated but can vote when they are released from prison.
Idaho
Idaho convicted felons’ voting rights are restored upon completion of their sentence, including parole and probation.
Illinois
Illinois convicted felons cannot vote while incarcerated but have their voting rights restored upon release.
Indiana
Those in Indiana who have felony convictions lose the right to vote while incarcerated but can vote upon their release.
Iowa
Convicted felons' voting rights are restored in Iowa upon completion of their sentence, including all terms of supervised release, excluding those convicted of homicide or related crimes.
Kansas
Those in Kansas convicted of a felony can vote upon completion of their sentence, including parole or probation.
Kentucky
Convicted felons’ voting rights restoration looks different in Kentucky depending on whether the felon was convicted of a violent or nonviolent offense. Those convicted of a non-violent felony have their voting rights restored upon completion of their sentence, including parole or probation. Those convicted of a violent felony, treason, or bribery can only have their voting rights restored by successfully petitioning the governor.
Louisiana
Louisiana residents convicted of an election-related offense permanently lose their right to vote. Other convicted felons in the state cannot vote while incarcerated but their voting rights are restored five years following their release from prison, or upon completion of parole or probation, whichever comes first.
Maryland
Maryland convicted felons lose the right to vote while incarcerated but may vote upon their release if they were not convicted on a charge related to buying or selling votes, which results in a permanent loss of voting rights.
Maine
All eligible citizens, including incarcerated felons, can vote in Maine.
Massachusetts
Convicted felons lose the right to vote while incarcerated in Massachusetts but their right to vote is restored upon release.
Michigan
Michigan residents convicted of a felony cannot vote while incarcerated but their right to vote is restored upon release.
Minnesota
Convicted felons in Minnesota cannot vote while incarcerated but their right to vote is restored upon release.
Mississippi
Convicted felons lose their right to vote in Mississippi if they are convicted of one of 23 barred crimes, from murder to theft, that can only be restored by the governor or through a bill passed by both houses of the state legislature. Other convicted felons never lose their right to vote, even while incarcerated.
Missouri
Missouri convicted felons lose the right to vote while incarcerated and regain the right to vote upon completion of their sentence, including parole or probation. This excludes those convicted of voting-related felonies who only have their voting rights restored if they are pardoned by the governor.
Montana
Convicted felons in Montana lose the right to vote while incarcerated but regain their voting rights upon their release, even if on parole or probation.
Nebraska
A new law will go into effect on July 18, 2024, in Nebraska allowing convicted felons to regain their right to vote upon completion of their sentence. Previously, convicted felons in the state only became eligible to vote two years after their sentence was completed.
Nevada
Convicted felons lose the right to vote while incarcerated in Nevada but their voting rights are restored upon release.
New Hampshire
Those in New Hampshire convicted of a felony cannot vote while incarcerated but regain the right to vote upon release.
New Jersey
New Jersey convicted felons lose the right to vote while incarcerated but their voting rights are restored upon release.
New Mexico
Those incarcerated for a felony offense in New Mexico cannot vote while in jail, prison, or a correctional facility but their right to vote is restored upon their release.
New York
Convicted felons in New York cannot vote while incarcerated but regain their voting rights upon completion of their sentence. Their right to vote can be revoked again if they violate the conditions of their parole. New Yorkers with prior felony convictions in another state can still vote in New York so long as they are not serving time in prison. If Trump were incarcerated, he would lose his right to vote while locked up. But even if he is sentenced to a jail or prison term, he is unlikely to be incarcerated this November, as he will likely be out while on appeal, according to experts.
North Carolina
Convicted felons in North Carolina cannot vote while incarcerated but regain their voting rights upon completion of their sentence, including parole, probation, or other supervised release.
North Dakota
Those convicted of a felony in North Dakota lose the right to vote while incarcerated but become eligible to vote again upon their release.
Ohio
Ohio convicted felons cannot vote while incarcerated but regain the right to vote upon their release.
Oklahoma
Convicted felons in Oklahoma cannot vote while incarcerated but regain the right to vote upon completion of their sentence, including parole or probation.
Oregon
Those convicted of a felony in Oregon cannot vote while incarcerated but regain the right to vote upon their release.
Pennsylvania
Convicted felons lose the right to vote in Pennsylvania while incarcerated, including in a halfway house or other correctional facility, but become eligible to vote upon their release.
Rhode Island
Those convicted of a felony in Rhode Island cannot vote while incarcerated but regain the right to vote upon their release.
South Carolina
People with felony convictions in South Carolina lose the right to vote while in prison but their voting rights are restored upon completion of their sentence, including parole or probation.
South Dakota
South Dakota convicted felons cannot vote while incarcerated but regain the right to vote upon completion of their sentence, including parole or probation, and the payment of all related fines and fees.
Tennessee
If convicted of a felony before 1973, Tennesseans did not lose the right to vote unless they committed one of 21 specific crimes, from rape to horse stealing. Those convicted of a crime between Jan. 15, 1973, and May 17, 1981, in the state did not lose the right to vote. Felons convicted of murder, rape, treason, or voter fraud after May 18, 1981, are permanently disenfranchised, absent a pardon. Felons convicted of other offenses in the state after May 18, 1981, can obtain a “certificate of restoration” from prison authorities or the Board of Probation and Parole, if they meet certain criteria. In a complaint filed as part of a federal lawsuit against Tennessee with a trial expected in 2025, plaintiffs describe the state’s voting rights restoration process as a “wild-goose chase.”
Texas
Those convicted of a felony in Texas cannot vote while incarcerated but regain the right to vote upon completion of their sentence, including parole and probation.
Utah
Convicted felons in Utah cannot vote while incarcerated but their voting rights are restored upon their release.
Vermont
All eligible citizens, including convicted and incarcerated felons, have the right to vote in Vermont.
Virginia
Convicted felons permanently lose their right to vote in Virginia and it can only be restored by the governor directly, upon request.
Washington
Those convicted of a felony in Washington cannot vote while incarcerated but their voting rights are restored upon their release.
West Virginia
West Virginia convicted felons cannot vote while incarcerated but regain their right to vote upon completion of their sentence, including parole or probation.
Wisconsin
Convicted felons in Wisconsin cannot vote while incarcerated but their voting rights are restored upon their release.
Wyoming
Wyoming convicted felons cannot vote while incarcerated. First-time, non-violent felony offenders’ voting rights are restored upon completion of their sentence, including parole or probation. Those convicted of other felonies lose their right to vote, absent a pardon.
This article originally appeared on USA TODAY: States where felons like Donald Trump can, or cannot, vote
