• Felony disenfranchisement laws vary widely from state to state.votar image by caironbohemio from Fotolia.com
  
  Felony disenfranchisement laws refer to the practice of denying the right to vote to people convicted of serious crimes. The states retain the right to decide under which conditions felons may vote. In some states, felons permanently lose the right to vote, but Maine and Vermont allow citizens to vote while incarcerated.
  
  

Permanent Bans

• According to ProCon.org, a nonpartisan charity that studies felon rights, 12 states permanently disenfranchise people convicted of certain crimes. These states are Alabama, Arizona, Delaware, Florida, Kentucky, Mississippi, Nebraska, Nevada, Tennessee, Virginia, Washington and Wyoming. In general, felons in these states convicted of serious crimes and election crimes lose the right to vote permanently. In some of these states, people convicted of certain crimes automatically regain the right to vote after serving any parole or probation. In other states, felons must apply to the state parole board or governor for restoration of voting rights. The exact list of crimes that lead to permanent disenfranchisement varies from state to state.
  
  

Temporary Bans

• In 18 states, felons regain their voting rights after serving their full sentence including any parole and probation. These states are Alaska, Arkansas, Georgia, Idaho, Iowa, Kansas, Louisiana, Maryland, Minnesota, Missouri, New Jersey, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, West Virginia and Wisconsin. Five states allow felons on probation to vote after serving their prison sentences and any parole. Those states are California, Colorado, Connecticut, New York and South Carolina. The District of Columbia and 13 states allow felons to vote after release from prison. Those states are Hawaii, Illinois, Indiana, Massachusetts, Michigan, Montana, New Hampshire, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island and Utah.
  
  

History of Disenfranchisement

• According to Alexander Keyssar, author of “The Right to Vote,” disenfranchisement of criminals dates back to the Greek and Roman republics. English laws of the 18th century included criminal disenfranchisement and the new states in America retained the idea. Often, even minor crimes would cost a person the right to vote. The civil rights movement of the 1970s convinced some states to loosen their laws. After Florida removed thousands of ex-felons from the voting rolls before the 2000 elections, more states reformed their felon enfranchisement laws, Keyssar found.
  
  

Congressional Action

• The U.S. Congress routinely takes up the issue of felony voting rights. As of July 3, 2010, a current House bill, the Democracy Restoration Act of 2009, would disenfranchise only incarcerated felons. The act would apply to federal elections, which only includes the election of the president, representatives and senators. The House Judiciary Committee’s Subcommittee on the Constitution, Civil Rights, and Civil Liberties held a hearing on the bill March 16, 2010, but, as of July 3, 2010, has not reported the bill for consideration by the full committee.
  
  

Judicial Case

• As of July 2010, a pending lawsuit that originated in Washington state may invalidate felony disenfranchisement laws. According to the Seattle Times, the 9th Circuit Court of Appeals ruled Jan. 5, 2010, that Washington’s law violates the Voting Rights Act of 1965 because felony disenfranchisement laws disproportionately affect minorities. The court issued a stay on the ruling pending an appeal to the Supreme Court. If the ruling is upheld or the Supreme Court does not take up the case, Washington will likely join Maine and Vermont in allowing incarcerated felons to vote.