Exercising Your Right to Vote: What People with Current and Previous Criminal Charges Need to Know

This post will be updated ahead of election day. Please contact pr@rstreet.org to reach our scholars.

An estimated 70 to 100 million Americans, or 1 in 3 in three Americans have a criminal record. Anywhere from 7 to 14 million people are arrested each year, and approximately three-quarters of a million people are incarcerated in jails across the country. Most of the people in jail are eligible to vote, because they have not yet been convicted of a crime, but at least 4.4 million felons are locked out of the election process, some permanently. States vary greatly in determining voting eligibility for people immersed in the legal system, and with regard to the restoration of voting rights for people convicted of misdemeanors and felonies.

The purpose of this piece is to highlight the voting rights of people involved in the legal system in the seven swing states, all of which were the subject of lawsuits following the 2020 election. 

Pennsylvania

In Pennsylvania, people who are detained while facing criminal charges, those serving misdemeanor sentences, and those on house arrest have the right to vote. Convicted felons who have been released prior to Election Day and people serving probation or parole sentences for misdemeanor and felony convictions are also eligible to vote. 

Georgia

In Georgia, adults are eligible to vote if they are not currently serving a sentence for a felony conviction, and their rights are automatically restored after they’ve completed their term of incarceration, probation, or parole. People convicted of a felony involving moral turpitude are ineligible to vote. Those participating in a first time felony or a conditional discharge program are eligible to vote, as are those who are in jail while awaiting trial or those incarcerated while those serving a misdemeanor sentence.

North Carolina

Like Georgia, convicted felons who have served the entirety of their sentence have their voting rights immediately restored. People who are incarcerated in local jails while pending court are also eligible to vote, as are people convicted of misdemeanor crimes. People who are serving a sentence for a felony, including probation or parole, are ineligible to vote. 

Michigan

In Michigan, people who are currently on probation or parole, and those who are awaiting sentencing, whether in custody or not, are eligible to vote. The only people who are ineligible to vote are those serving an incarceration sentence for misdemeanor or felony convictions.

Arizona

In Arizona, people who are awaiting trial, even if they are incarcerated, are eligible to vote, as are people who have been convicted of a misdemeanor. Convicted felons have voting rights restored automatically upon the completion of their sentence, unless the person has been convicted of two or more felonies. In that case, they must wait until two years after their final discharge to apply to have their rights restored. The two year wait period does not apply to people who have been convicted of multiple felonies but were sentenced to probation. 

Wisconsin

In Wisconsin, people who are incarcerated but not convicted, and those convicted of most misdemeanors, are eligible to vote and can do so while in jail. Convicted felons have their voting rights restored automatically after they’ve served their entire sentence and have satisfied all of their court-ordered obligations.

Nevada

In Nevada, people serving misdemeanor sentences in jail and those being detained before their trials are eligible to vote. People convicted of felonies do not lose their voting rights if they are placed on probation, and all felons, even those convicted of violent offenses, have their voting rights automatically restored upon their release from prison, even if they are serving a period of parole. 

Conclusion

Seven states played key roles in determining the outcome of the 2020 presidential election and they are poised to do so again in 2024. In this hotly contested battle, conspiracy theories and voter misinformation reign supreme. In order to ensure that all eligible voters are aware of their rights and to restore credibility and faith in the election process, all Americans, including those under the care, custody, and control of the legal system, should have a clear understanding of who is eligible to vote in the upcoming presidential election.