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U.S. Constitution

Can a Person With a Felony Conviction Vote? Voting Rights by State

March 27, 2026by Eleanor Stratton

“Can a person with a felony conviction vote?” sounds like it should have one national answer.

It does not.

In the United States, voting rights after a felony conviction are mostly a state policy choice, and the differences are dramatic. In some states, you can vote even while incarcerated. In others, you regain voting rights the moment you walk out of prison. And in a few, restoration can require paperwork, discretionary approval, or other hurdles that make voting hard to regain.

This guide explains the constitutional backdrop, the major categories states fall into, and a state-by-state quick facts list for voting while in prison, on parole, on probation, or only after sentence completion.

Last updated: March 2026

A voter standing in a private voting booth with an American flag visible nearby, realistic documentary photography, shallow depth of field

The constitutional hook

If you go looking for the “felon voting clause” in the Constitution, you will not find one. What you will find is a permission structure of sorts, read from the text and history.

The key text is Section 2 of the Fourteenth Amendment. It contains an apportionment rule that, on paper, reduces a state’s representation if it denies or abridges the right to vote for male inhabitants of voting age, except when the denial is “for participation in rebellion, or other crime.”

That “other crime” language is the constitutional basis states cite for felony disenfranchisement. It does not require disenfranchisement, and it does not affirmatively grant a new state power. It is commonly treated as an exception or allowance that helps explain why felony disenfranchisement has been viewed as constitutionally permissible and why it does not trigger Section 2’s representation-reduction mechanism. In modern practice, Section 2’s apportionment penalty is effectively dormant, so it matters more as text and history than as a day-to-day lever.

The Supreme Court reinforced this reading in Richardson v. Ramirez (1974), upholding felony disenfranchisement laws against the Equal Protection challenge in that case. The decision does not foreclose all other challenges under other constitutional provisions or federal statutes (for example, claims involving racial discrimination or voting-rights statutes), but it remains the core case states cite when explaining why felony disenfranchisement is generally allowed.

Bottom line: the rules you live under come from your state constitution, state statutes, and sometimes executive clemency policies.

Quick answer

Most states fit into one of these practical categories:

  • Never lose the right to vote for a felony conviction (including during incarceration).
  • Lose the right only while incarcerated, and automatically regain it upon release from prison (even if on parole).
  • Lose the right while incarcerated and on parole, but can vote while on probation.
  • Lose the right until the entire sentence is complete, which may include parole, probation, or supervision.
  • Restoration requires an additional step, such as an application, a waiting period, satisfaction of legal financial obligations, or clemency.

Two terms that matter:

  • Incarcerated usually means serving a felony sentence in prison. In some states, a person can be “incarcerated” for voting purposes while in jail if they are serving a felony sentence there or are otherwise treated as in custody on a felony sentence.
  • Sentence completion can be broader than “released from prison.” Many states treat parole and probation as part of the sentence. Some states restore upon release even if you are on parole. Some also treat certain unpaid legal financial obligations as part of completion.
A state capitol building exterior on a clear day with people walking on the steps, realistic news photography

Three common surprises

1) Jail vs. prison matters

Many people with felony convictions spend time in jail pretrial or while awaiting transfer. In many states, voting eligibility turns on whether you are serving a felony sentence, not simply whether you are physically in a jail building.

If you are in jail but not serving a felony sentence, you may still be eligible and may need to vote by absentee ballot. Procedures vary by county and facility.

2) Probation is often treated differently than parole

In a large set of states, you can vote on probation but not on parole. The logic is that parole is still treated as part of a prison sentence’s legal afterlife, while probation is a community sentence.

3) “Restored” is not the same as “registered”

Even where rights restore automatically, you may still need to re-register. Some states also require agencies to provide notice, but real life does not always cooperate with paperwork.

State-by-state quick facts

How to read this section: Each state entry gives a practical snapshot for people with felony convictions. Because details can depend on the type of conviction, supervision status, and outstanding legal obligations, always confirm with your state election office before Election Day.

Consistency note: In the entries below, “release from prison” means you are no longer physically in prison, even if you are on parole. “Sentence complete” means the full sentence is finished, which can include parole, probation, or other supervision. States differ on whether parole or probation count as part of the “sentence” for voting purposes, so use the entry as a guide and then confirm your status with your election office.

Alabama

  • Prison: No
  • Parole: Depends
  • Probation: Depends
  • Restored: Alabama disenfranchises only for certain felonies involving “moral turpitude.” If your conviction falls in that category, rights typically return after sentence completion and a restoration step.
    Many people apply for a Certificate of Eligibility to Register to Vote. Confirm whether your offense is on Alabama’s “moral turpitude” list and what documents your county requires.

Alaska

  • Prison: No
  • Parole: No
  • Probation: Yes
  • Restored: After “unconditional discharge” (typically meaning release from incarceration and completion of parole, if any).

Arizona

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: After sentence completion. Restoration rules can differ for first-time versus repeat felony convictions.

Arkansas

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: After sentence completion, typically including parole or probation. Some people must show completion and that required fines, fees, or restitution are satisfied under state procedure.

California

  • Prison: No (state and federal prison)
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Colorado

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Connecticut

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Delaware

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: Often after sentence completion. Delaware also has offense-based exclusions and definitions that can change the outcome.
    Confirm whether your conviction is in an excluded category and what “sentence completion” means for your record.

Florida

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: Generally after “completion of sentence,” which can include supervision (parole or probation).
    Florida can also tie eligibility to whether certain legal financial obligations are satisfied. In practice, this can require careful record review.
    Verify your eligibility with your county Supervisor of Elections before registering and again before voting.

Georgia

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: After sentence completion, including parole or probation.

Hawaii

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Idaho

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Illinois

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Indiana

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Iowa

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: Iowa generally restores voting rights after sentence completion under a 2020 executive order.
    Practically, that means you are typically eligible once you are fully discharged from incarceration, parole, and probation. Some convictions and individual circumstances can still require extra review, so check your status before you register.

Kansas

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: After sentence completion, including parole or probation.

Kentucky

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: Requires executive clemency or a restoration process. Policies vary by administration.

Louisiana

  • Prison: No
  • Parole: Depends
  • Probation: Depends
  • Restored: Louisiana can allow voting for some people who are not incarcerated even if they remain under supervision.
    Eligibility depends on specific statutory conditions that do not apply to everyone. Confirm current Louisiana guidance before registering or voting.

Maine

  • Prison: Yes
  • Parole: Yes
  • Probation: Yes
  • Restored: Never lost.

Maryland

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Massachusetts

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Michigan

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Minnesota

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Minnesota restored voting rights for people with felony convictions who are not incarcerated under 2023 legislation.
    If you are out of prison but still on probation or parole, you may be eligible. If you are unsure, confirm your status and registration before Election Day.

Mississippi

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: Mississippi uses an offense-based disenfranchising list and is among the most restrictive.
    Restoration often requires executive action or a legislative process for certain offenses. Confirm whether your offense is on the disenfranchising list and what path applies.

Missouri

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Montana

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Montana restores voting rights upon release from prison. If you are out of prison, you can vote, including while on parole or probation.

Nebraska

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: Nebraska generally restores voting rights after sentence completion. Nebraska passed LB20 removing the prior two-year waiting period.
    Because implementation and timing have been affected by legal and administrative developments, the safest practical step is to confirm whether your record is marked eligible and then re-register if needed.

Nevada

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: Many rights restore after sentence completion, but restoration can vary by offense category and prior convictions. Confirm current Nevada policy for your record.

New Hampshire

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

New Jersey

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

New Mexico

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

New York

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: New York restores voting rights upon release from prison.
    If you are on parole, eligibility and registration can depend on current state policy and administrative processes. Confirm current New York guidance and check your registration status.

North Carolina

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: After sentence completion. Litigation and statutory changes can affect details, so confirm the current rule.

North Dakota

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Ohio

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Oklahoma

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: After sentence completion. Waiting periods can apply depending on the conviction.

Oregon

  • Prison: Yes
  • Parole: Yes
  • Probation: Yes
  • Restored: Never lost.

Pennsylvania

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Rhode Island

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

South Carolina

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: After sentence completion, including supervision.

South Dakota

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: South Dakota restores voting rights only after the entire sentence is complete, including parole and probation.

Tennessee

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: Restoration generally requires sentence completion and additional steps.
    Some offenses may require a court order, and outstanding obligations can matter. Confirm Tennessee’s current process before registering.

Texas

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: After sentence completion, including parole or probation.

Utah

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.

Vermont

  • Prison: Yes
  • Parole: Yes
  • Probation: Yes
  • Restored: Never lost.

Virginia

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: Requires restoration by the Governor. Current policies can streamline the process, but it is not automatic.

Washington

  • Prison: No
  • Parole: Yes
  • Probation: Yes
  • Restored: Upon release from prison.
    Washington has changed how legal financial obligations interact with rights restoration over time. Confirm you are marked eligible and verify your registration status before Election Day.

West Virginia

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: After sentence completion. Additional steps can apply in some cases.

Wisconsin

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: After sentence completion, including supervision.

Wyoming

  • Prison: No
  • Parole: No
  • Probation: No
  • Restored: After sentence completion. Restoration may require an application for certain offenses or repeat convictions.

District of Columbia

  • Prison: Yes
  • Parole: Yes
  • Probation: Yes
  • Restored: Never lost under current D.C. law (incarcerated residents can vote).

Important note: This is a high-level guide meant for general education. States revise voting and restoration laws, courts issue new rulings, and administrative policies change. Before you register or vote, confirm your eligibility and any required steps with your state or local election office.

A person seated at a kitchen table filling out a voter registration form with a pen, natural window light, realistic documentary photography

Where to verify fast

  • Your state election office: Start with the official state elections site or your county elections office for eligibility rules and registration status tools.
  • National trackers: For a current, state-by-state overview, cross-check a reputable tracker such as the National Conference of State Legislatures (NCSL) or the Brennan Center for Justice.

How restoration typically works

Even when restoration is “automatic,” there are usually practical steps you should take to avoid confusion at the polls.

Step 1: Identify your status

  • Are you currently incarcerated for a felony?
  • Are you on parole?
  • Are you on probation?
  • Have you completed all sentence terms?

Step 2: Check what “sentence completion” means in your state

If your state uses sentence completion, ask what counts. In many states, that includes supervision and sometimes outstanding requirements like restitution or court costs.

Step 3: Re-register or update your registration

Many people regain the right to vote but do not automatically appear as active registered voters. If you moved, changed your name, or were removed from the rolls, you will want to register again.

Step 4: If your state requires paperwork or clemency, start early

States that require a petition, certificate, or gubernatorial restoration can take time. Treat it like a deadline-driven process, because it is.

Why the rules vary

This is one of those areas where the Constitution sets a boundary, then steps back and lets fifty states fill in the details.

Section 2 of the Fourteenth Amendment essentially says: if a state denies voting rights for “rebellion, or other crime,” it will not be treated the same way in that amendment’s apportionment formula as it would be for other vote-denials. That constitutional recognition helps explain why felony disenfranchisement persists, even if the apportionment mechanism is mostly dormant in practice.

But it does not explain the variety. The variety comes from state-level choices about what punishment should mean, what rehabilitation should look like, and how closely civic membership should track criminal status.

The result is a civic map with hard borders: cross a state line and the same person, with the same conviction history, may be a voter on Monday and a nonvoter on Tuesday.

FAQ

Can a person with a felony conviction vote in federal elections?

Federal elections use state voter eligibility rules. If your state says you are eligible to vote, you can vote for President, U.S. Senate, and U.S. House on the same ballot as state and local races.

Can I vote if I have a felony conviction but I am not in prison?

In many states, yes. The key is whether your state disenfranchises people on parole or probation, or until sentence completion. Use the state quick facts section, then confirm with your election office.

Does a felony conviction automatically remove me from voter rolls?

Sometimes. Some states actively remove ineligible voters based on criminal justice data, while others rely more on self-reporting and registration updates. If you are unsure, check your registration status online if your state offers it.

What if my conviction was in a different state?

Eligibility is determined by the law of the state where you are registering to vote. But the other state’s conviction and your sentence status still matter for how your new state classifies you.

What about federal felony convictions?

States typically apply their disenfranchisement rules based on your status after a felony conviction, including federal convictions. The restoration trigger is usually tied to incarceration and supervision, not whether the conviction was state or federal.

A constitutional takeaway

We often talk about voting as the bedrock of self-government, then we treat it like a privilege that can be switched on and off depending on your zip code.

That tension is not accidental. The Constitution leaves election administration largely to the states, while also layering in amendments that prohibit certain kinds of discrimination. Felony disenfranchisement lives in that gap.

And gaps matter, because gaps are where policy becomes identity. They decide who counts as a full participant in the system, and when.

If you are unsure about eligibility, the safest path is to check your current registration status and contact your state or local election office well before Election Day. In states with restoration paperwork, start early and keep copies of anything you submit.