Voting in Jail
Critical Analysis
The right to vote in the US relies on two requirements, being a citizen and being older than 18. And while it might be harder or easier to register to vote or cast a ballot depending on the state, there’s only one way someone can lose the right to vote entirely, and that’s through a felony conviction. Do you think felons should lose their right to vote?
More than 1.2 million people were in prison in the US in 2020, according to data from the Bureau of Justice Statistics. More than 99% of these prisoners lost their right to vote while incarcerated. According to the data from the visual above, In how many American states, districts, and territories can incarcerated people (people in jail) vote?
I have no idea what the answer to this question is, so this is purely speculative, but based on the fact that less than half of the people who are eligible to vote actually turnout to vote in elections, in the three jurisdictions that do allow incarcerated people the right to vote, what percent of people in jail do you imagine vote?
But what happens to someone’s voting rights after serving a prison sentence depends entirely on the state where they were convicted. In some states, their voting rights are restored after they are released from prison. In other places, they may permanently lose their rights. In 20 states, those with felony convictions automatically regain the right to vote when they are released from prison. This means formerly incarcerated people can vote while serving probation or while out on parole. These states represented about 34% of the total prison population in 2020. Based on the map (below middle)* draw a conclusion about the geographic area of these states.
Based on the data from the visual (below right)*, what region of the United States is most strict in extending voting rights to people who have committed felonies.
For formerly incarcerated people with felonies who do not qualify for automatic restoration of rights, they must petition the court or state government for their rights to be restored. In Virginia and Tennessee, this petition process is the only way to restore rights. Petitioning to restore voting rights can be easier or more difficult depending on the state. For example, in Virginia, only the governor has the power to restore voting rights. In other states the restoration of rights process can take months after an individual fills out an application. In Tennessee, the person with a felony conviction cannot fill out the form themselves. They must ask a probation or parole officer or other court official to fill it out on their behalf. A person’s voting rights can be permanently revoked for conviction of certain crimes. In some states, voting rights cannot be restored after a murder conviction, certain felony sex offenses, or election-related crimes. Why do you think these states make it so hard for people to restore their voting rights?
Voting is the difference between a democracy and an autocracy. In general, how difficult do you think voting should be?
Make a claim about whether people in jail should be allowed to vote after they serve their time in jail?
Some countries, such as Australia, fine people for not voting. What do you think would happen to American voting rates if we instituted a find for non-voting?
Would you advocate a non-voting fine in America, and if so what would it be?
Learning Extension
Check out all the USA Facts about voting and prison.
Action Extension
If you will be 18 years old by Tuesday, November 8 then take two minutes and register to vote online. If you are too young to vote this year then find someone who is old enough and convince them to register.
