Debating Felon Voting Rights

Summary: Concise

In 2010, approximately 5.85 million people with a felony conviction were unable to participate in elections due to disenfranchisement laws imposed by individual states. While Vermont and Maine permit felons to vote even while incarcerated, nine other states permanently limit certain felons' voting rights. Advocates for felon re-enfranchisement argue that once felons have completed their sentences, all of their rights and privileges should be restored. They view efforts to prevent ex-felons from voting as unjust, undemocratic, and potentially motivated by politics or race.

However, opponents contend that restrictions on felon voting are similar to limitations such as age, residency, sanity, etc., placed on voters. They also highlight additional restrictions on felons - such as preventing violent offenders from owning firearms or prohibiting sex offenders from residing near schools - as evidence that convicted felons have displayed poor judgment and therefore should not be trusted with the right to vote.

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There is an ongoing debate regarding whether ex-felons should maintain their right to vote. Some argue that voting is a fundamental right that everyone should possess, as it allows them to express their opinions. In the United States, individuals are permitted to voice their opinions irrespective of their past actions. Committing a crime does not automatically result in the loss of one's voting rights. Felons are still subject to laws enacted by politicians, including those pertaining to the court system and other areas with significant impacts on their lives. It would be unjust in a democratic society to deprive them of the ability to select the individuals who make decisions affecting them.

Conversely, others believe that felons are incarcerated for a reason - because they made poor choices in their own lives.

If individuals lack the ability to make good judgments in their daily lives, then why should we trust them to make decisions that impact the entire nation? They have given up that privilege by committing a crime, plain and simple. Engaging in a felony demonstrates their incapacity to make responsible choices for society. They are fully aware of the criminal actions they are taking, and even if they are unaware, it is unfortunate. Ignorance holds no weight as an excuse within the legal system. Personally, I hold the belief that I do not agree with granting voting rights to ex-felons. Moreover, I strongly believe that convicted felons are imprisoned for a reason. Their criminal acts are serious, whether it involves bank robbery, homicide, sexual assault, grand theft auto or similar offenses. They did not exercise sound judgment and consequently ended up incarcerated. Allowing such individuals to vote for our country's leaders is unnecessary.

Despite the argument for forgiveness and giving former felons a second chance, it is crucial not to grant them the power to make decisions for the rest of us due to their lack of ability to make decisions for themselves. The consequences of their actions cannot be erased, and I believe that individuals who have committed crimes are likely to repeat them. Although some have completely transformed their lives after committing a felony, most tend to revert back to their previous lifestyle over time. Genuine change requires a shift in thinking before actions can follow suit. Additionally, denying ex-felons the right to vote seems unjust in cases where they have sincerely reformed and become new individuals.

Despite the challenge of determining genuine change versus deceptive transformation, I believe ex-felons should have the right to vote if that is the case. Voting is seen by many as a crucial democratic element in America, inclusive of all citizens. Democracy cannot exclude voters based solely on past felonies. It is unjust to indefinitely punish felons who reintegrate into society after completing prison sentences. Ex-felons contribute to society through work and taxes; therefore, it is unfair to tax them while denying their voting rights. Restoring voting and civil rights for ex-felons is essential for effective rehabilitation. If a felony did not harm anyone, such as minor offenses like stealing food from a grocery store or other supplies, it should not affect their right to vote.

When a person who cannot afford to buy something and needs to support their family resorts to stealing, they will face consequences. Despite this mistake, they are convicted of a felony and subsequently lose the privilege of voting in their own country, even though they still hold concern for it. The act of voting is a constitutional right granted to all citizens of the United States. Thus, once ex-felons have fulfilled their obligations as citizens, they should be allowed to enjoy all the rights that come with citizenship, including the right to vote.

Furthermore, depriving ex-felons of this right goes against the principles outlined in the 8th Amendment which prohibits imposing excessive punishments beyond their sentence. This point is further supported by the Supreme Court case Atkins v. Virginia.

In addition, disenfranchising ex-felons also violates the 15th Amendment.

Section 1 of the 15th Amendment prohibits denying or limiting voting based on race, color, or previous servitude. This protection extends to ex-felons who are no longer incarcerated and grants them the right to vote. Therefore, it can be concluded that denying ex-felons the right to vote is unconstitutional.

The Guardian has reported that a significant number of convicted felons belong to minority races. Laws that prohibit felons from voting have a disproportionate impact on minority groups. In 2010, these laws prevented 5.8 million people (equivalent to 2.5% of the voting age population) from casting their votes. Among African-Americans, this percentage tripled to 7.7%. In other words, out of the total number of individuals prevented from voting due to felon restrictions (which amounts to 2.2 million), approximately 38% are African-American.

As a result, there are currently around one million disenfranchised African-American ex-felons.

The Washington Post reports that laws disenfranchising felons disproportionately affect African Americans in Virginia, Kentucky, and Florida, with 1 in 5 being impacted. This disparity leads to an imbalance at the ballot box and discriminates against minorities, especially when they can sway election outcomes. According to the Georgetown Law Journal, felon disenfranchisement has significant political consequences and could change results in various U.S. Senate and presidential elections. It is crucial to recognize that ex-felons are only relieved of their legal obligations once they complete their sentences, including prison time, parole, and probation. By denying them the right to vote, we unfairly treat individuals who have already paid their societal debt. Many other countries permit felons to exercise their voting rights.

According to Think Progress, 21 out of 45 countries surveyed permit felons to vote without restrictions, while only 5 out of 45 countries prevent felons from voting after completing their sentence. These nations value felons' political participation. In 2012, The Sentencing Project reported that nearly six million Americans cannot vote due to past convictions, equivalent to one in every forty adults in the country. However, as a democracy, America prides itself on granting rights and denying eligible citizens who have already been punished for their crimes raises concerns about denying them the right to vote. These individuals deserve all their rights, including voting rights. Therefore, it is crucial to consider the specific felony committed instead of universally prohibiting all felons from voting. Moreover, the issue of recidivism within three years questions felons' ability to make sound judgments and decisions when they return to prison.

Given the complexity of these crimes, it seems unjustifiable to grant voting rights to individuals who often return to a life of crime after their release. Consider this intriguing data: "Robbers (70.2%), burglars (74.0%), larcenists (74.6%), motor vehicle thieves (78.8%), individuals possessing or selling stolen property (77.4%), and those involved in possessing, using, or selling illegal weapons (70.2%) exhibited the highest rates of re-arrest among released prisoners." Consequently, all these felons—many of whom find themselves back behind bars within a few years for the same offenses—would be eligible to vote in elections. Is it equitable that citizens convicted of felonies possess the same voting rights as those without such convictions? Clearly, they do not share equal societal contributions given their previous incarceration due to posing a threat.

If these felons are at risk of recidivism, their judgment may not be enough to permit them to vote in elections that could affect society. Caution should be exercised regarding voting eligibility. Ex-felons can pose a similar danger to society as current felons. It might be better to establish a system for convicted felons to earn the right to vote instead of automatically granting it after completing their sentence. This would ensure that voters have sound judgment and prove their ability to contribute positively to society. Otherwise, they might vote based on personal interests such as advocating for the legalization of a particular drug.

In my opinion, the topic of "felony" is too broad as it includes a variety of offenses. I think that individuals who have been incarcerated for lesser felonies (specifically felony 3 and 4), like not paying taxes or other minor crimes, should still be able to vote. However, those who have committed more serious felonies (specifically felony 1 or 2) should lose this privilege due to their impaired mental state. This brings up the debate on whether ex-felons should have voting rights. Instead of treating all felons equally, I believe judgment and punishment should be tailored based on the severity of the felony to ensure justice and fairness in all criminal cases.

Works Cited
Hill, Steven. Ten Steps to Repair American Democracy: An Owner's Manual for Concerned Citizens. Sausalito: PoliPointPress, 2006.
Marc Mauer, MSW Winter 2004 article "Felony Disenfranchisement: A Policy Whose Time Has Passed?" Winters Article, 2004
Bill McCollum, JD, "Felons Right to Vote" and article "McCollum: Be Responsible about Felons' Rights, Apr. 1, 2007
Nichols, John. The Nation Voting and the Fight for Democracy: The Battle for Congress. New York, 2012