Disfranchisement, also called disenfranchisement, or voter disqualification is the restriction of
suffrage
Suffrage, political franchise, or simply franchise, is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally i ...
(the right to vote) of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. Disfranchisement can also refer to the revocation of power or control of a particular individual, community or being to the natural amenity they have; that is to deprive of a franchise, of a legal right, of some privilege or inherent immunity. Disfranchisement may be accomplished explicitly by law or implicitly through requirements applied in a discriminatory fashion, through intimidation, or by placing unreasonable requirements on voters for registration or voting.
Based on age
Most countries or regions set a minimum voting age, and disenfranchise all citizens younger than this age. The most common voting age is 18, though some countries have minimum voting ages set as young as 16 or as old as 21.
Based on residence or ethnicity
Australia
Voting in Australia is compulsory for resident citizens. Australian citizens who have been outside Australia for more than one but fewer than six years may excuse themselves from the requirement to vote in
Australian elections while they remain outside Australia.
Chile
Chileans living abroad may vote in presidential elections and presidential primaries, but not in elections to the national legislature or for regional government officials.
The right to vote was extended to Chileans abroad in 2014 by Law No. 20.748; the bill was sponsored by Senators
Isabel Allende Bussi
María Isabel Allende Bussi (, , ; born 18 January 1945) is a Chilean politician.
A member of the Socialist Party and daughter of former president of Chile Salvador Allende and Hortensia Bussi, Allende served as a deputy from 1994 to 2010 and ...
,
Soledad Alvear
María Soledad Alvear Valenzuela (born September 17, 1950), is a Chilean lawyer and Christian Democrat politician, who was a cabinet member of the Aylwin, Frei and Lagos administrations. She was president of the Christian Democrat Party (PDC) fro ...
, Hernán Larraían Fernández and Patricio Walker Prieto.
[ The law also allowed Chileans residing abroad to vote in the 2020 national plebiscite.] Of nearly 60,000 registered overseas voters, 30,912 Chileans from 65 countries participated in the referendum.[
]
Denmark
Citizens of Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
are in general not allowed to vote in Danish elections if they reside outside the country for more than two years. Danish citizens that reside permanently outside Denmark lose their right to vote.
India
Non-resident Indian citizens may vote from abroad by applying to be registered as non-resident electors as long as they have not obtained citizenship in another country. They must be "absent from the country owing to employment, education etc, ave
''Alta Velocidad Española'' (''AVE'') is a service of high-speed rail in Spain operated by Renfe, the Spanish national railway company, at speeds of up to . As of December 2021, the Spanish high-speed rail network, on part of which the AVE s ...
not acquired citizenship of any other country and are otherwise eligible to be registered as a voter in the address mentioned in your passport."
United Kingdom
British citizens are in general not allowed to vote in UK General Elections or referendums if they reside outside the country for more than 15 years. (See the section on the UK in the article on the right of expatriates to vote in their country of origin The right of expatriates to vote in elections in their country of origin varies depending on the legislation of an expatriate's country of origin. Some countries (such as France) grant their expatriate citizens unlimited voting rights, identical to ...
for further details and sources.)
In February 2018, the Overseas Electors Bill was presented to Parliament, with a view to abolishing the 15-year limit and the requirement to have registered to vote before leaving the UK. The Bill, which ran out of time due to the 2019 general election, would have granted all British expatriates the unlimited right to vote, as long as they have lived in the UK at some point in their lives. The issue became a hotly debated topic among British expatriates who have lived in other EU Member States for more than 15 years and were thus barred from voting in the referendum on European Union membership, despite arguably being more affected by the result than British people living in the UK.
The current Conservative Government Conservative or Tory government may refer to:
Canada
In Canadian politics, a Conservative government may refer to the following governments administered by the Conservative Party of Canada or one of its historical predecessors:
* 1st Canadian Mi ...
, elected in December 2019, pledged to remove the 15-year rule and to allow British expatriates to keep their UK vote for life.
United States
Efforts made by Southern United States
The Southern United States (sometimes Dixie, also referred to as the Southern States, the American South, the Southland, or simply the South) is a geographic and cultural region of the United States of America. It is between the Atlantic Ocean ...
to prevent black citizens voting began after the end of the Reconstruction Era
The Reconstruction era was a period in American history following the American Civil War (1861–1865) and lasting until approximately the Compromise of 1877. During Reconstruction, attempts were made to rebuild the country after the bloo ...
in 1877. They were enacted by Southern states at the turn of the 20th century. Their actions were designed to thwart the objective of the Fifteenth Amendment to the United States Constitution
The Fifteenth Amendment (Amendment XV) to the United States Constitution prohibits the federal government and each state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude." It was ...
, enacted in 1870 to protect the suffrage
Suffrage, political franchise, or simply franchise, is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally i ...
of freedmen
A freedman or freedwoman is a formerly enslaved person who has been released from slavery, usually by legal means. Historically, enslaved people were freed by manumission (granted freedom by their captor-owners), abolitionism, emancipation (gra ...
.
Democrats were alarmed by a late 19th-century alliance between Republicans and Populists that cost them some elections in North Carolina. Democrats added to previous efforts and achieved widespread disfranchisement by law: from 1890 to 1908, Southern state legislatures passed new constitutions, constitutional amendments, and laws that made voter registration and voting more difficult, especially when administered by white staff in a discriminatory way. They succeeded in disenfranchising most of the black citizens, as well as many poor whites
Poor White is a sociocultural classification used to describe economically disadvantaged Whites in the English-speaking world, especially White Americans with low incomes.
In the United States, Poor White (or Poor Whites of the South for ...
in the South, and voter rolls dropped dramatically in each state. The Republican Party was nearly eliminated in the region for decades, and the Democrats established one-party control throughout the southern states.
In 1912, the Republican Party was split when Theodore Roosevelt
Theodore Roosevelt Jr. ( ; October 27, 1858 – January 6, 1919), often referred to as Teddy or by his initials, T. R., was an American politician, statesman, soldier, conservationist, naturalist, historian, and writer who served as the 26t ...
ran against the party nominee, Taft. In the South by this time, the Republican Party had been hollowed out by the disfranchisement of African Americans, who were largely excluded from voting. Democrat Woodrow Wilson
Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was an American politician and academic who served as the 28th president of the United States from 1913 to 1921. A member of the Democratic Party, Wilson served as the president of ...
was elected as the first southern president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
since 1856. He was re-elected in 1916, in a much closer presidential contest. During his first term, Wilson satisfied the request of Southerners in his cabinet and instituted overt racial segregation
Racial segregation is the systematic separation of people into race (human classification), racial or other Ethnicity, ethnic groups in daily life. Racial segregation can amount to the international crime of apartheid and a crimes against hum ...
throughout federal government workplaces, as well as racial discrimination
Racial discrimination is any discrimination against any individual on the basis of their skin color, race or ethnic origin.Individuals can discriminate by refusing to do business with, socialize with, or share resources with people of a certain g ...
in hiring. During World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, American military forces were segregated, with black soldiers poorly trained and equipped.
Disfranchisement had far-reaching effects in Congress, where the Democratic Solid South
The Solid South or Southern bloc was the electoral voting bloc of the states of the Southern United States for issues that were regarded as particularly important to the interests of Democrats in those states. The Southern bloc existed especial ...
enjoyed "about 25 extra seats in Congress for each decade between 1903 and 1953".[Valelly; ''The Two Reconstructions''; pp. 146-147] Also, the Democratic dominance in the South meant that southern Senators and Representatives became entrenched in Congress. They favored seniority privileges in Congress, which became the standard by 1920, and Southerners controlled chairmanships of important committees
A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...
, as well as leadership of the national Democratic Party. During the Great Depression
The Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagio ...
, legislation establishing numerous national social programs were passed without the representation of African Americans
African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...
, leading to gaps in program coverage and discrimination against them in operations. In addition, because black Southerners were not listed on local voter rolls, they were automatically excluded from serving in local courts. Juries were all white across the South.
Political enfranchisement expanded with passage of the Voting Rights Act of 1965
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement ...
, which authorized the federal government to monitor voter registration practices and elections where populations were historically underrepresented, and to enforce constitutional voting rights. The challenge to voting rights has continued into the 21st century, as shown by numerous court cases in 2016 alone, though attempts to restrict voting rights for political advantage have not been confined to the Southern states. Another method of seeking political advantage through the voting system is the gerrymandering of electoral boundaries, as was the case of North Carolina, which in January 2018 was declared by a federal court to be unconstitutional. Such cases are expected to reach the Supreme Court.
Recent
State governments have had the right to establish requirements for voters, voter registration, and conduct of elections. Since the founding of the nation, legislatures have gradually expanded the franchise (sometimes following federal constitutional amendments), from certain propertied white men to almost universal adult suffrage of age 18 and over, with the notable exclusion of people convicted of some crimes. Expansion of suffrage was made on the basis of lowering property requirements, granting suffrage to freedmen
A freedman or freedwoman is a formerly enslaved person who has been released from slavery, usually by legal means. Historically, enslaved people were freed by manumission (granted freedom by their captor-owners), abolitionism, emancipation (gra ...
and restoring suffrage in some states to free people of color
In the context of the history of slavery in the Americas, free people of color (French: ''gens de couleur libres''; Spanish: ''gente de color libre'') were primarily people of mixed African, European, and Native American descent who were not ...
following the American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
, to women (except Native American women) in 1920, all Native Americans in 1924, and people over the age of 18 in the 1970s. Public interest groups focus on fighting disfranchisement in the United States amid rising concerns that new restrictions on voting are become more common.
Washington, D.C.
When the District of Columbia was established as the national capital, with lands contributed by Maryland and Virginia, its residents were not allowed to vote for local or federal representatives, in an effort to prevent the district from endangering the national government. Congress had a committee, appointed from among representatives elected to the House, that administered the city and district in lieu of local or state government. Residents did not vote for federal representatives who were appointed to oversee them.
In 1804, US Congress cancelled holding US presidential elections in Washington, D.C. or allowing residents to vote in them. Amendment 23 was passed by Congress and ratified in 1964 to restore the ability of District residents to vote in presidential elections.
In 1846, the portion of Washington, D.C. contributed from Virginia was " retrocessioned" (returned) to Virginia to protect slavery. People residing there (in what is now Alexandria), vote in local, Virginia and US elections.
Congress uses the same portion of the US Constitution to exclusively manage local and State level law for the citizens of Washington, D.C. and US military bases in the US. Until 1986, military personnel living on bases were considered to have special status as national representatives and prohibited from voting in elections where their bases were located. In 1986, Congress passed a law to enable US military personnel living on bases in the US to vote in local and state elections.
The position of non-voting delegate to Congress from the District was reestablished in 1971. The delegate cannot vote for bills before the House, nor floor votes, but may vote for some procedural and committee matters. In 1973, the District of Columbia Home Rule Act
The District of Columbia Home Rule Act is a United States federal law passed on December 24, 1973, which devolved certain congressional powers of the District of Columbia to local government, furthering District of Columbia home rule. In parti ...
reestablished local government after a hundred-year gap, with regular local elections for mayor and other posts. They do not elect a US senator. People seeking standard representation for the 600,000 District of Columbia residents describe their status as being disfranchised in relation to the federal government. They do vote in presidential elections.
Until 2009, no other NATO
The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two No ...
(US military allies) or OECD
The Organisation for Economic Co-operation and Development (OECD; french: Organisation de coopération et de développement économiques, ''OCDE'') is an intergovernmental organisation with 38 member countries, founded in 1961 to stimulate e ...
country (US industrialized allies) had disfranchised citizens of their respective national capitals for national legislature elections. No US state prohibits residents of capitals from voting in state elections either, and their cities are contained within regular representative state and congressional districts.
Puerto Rico
U.S. federal law applies to Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated ...
, although Puerto Rico is not a state. Due to the Federal Relations Act of 1950, all federal laws that are "not locally inapplicable" are automatically the law of the land in Puerto Rico (39 Stat. 954, 48 USCA 734). According to ex-Chief of the Puerto Rico Supreme Court
The Supreme Court of Puerto Rico ( es, Tribunal Supremo de Puerto Rico) is the highest court of Puerto Rico, having judicial authority to interpret and decide questions of Puerto Rican law. The Court is analogous to one of the state supreme c ...
Jose Trias Monge, "no federal law has ever been found to be locally inapplicable to Puerto Rico. Puerto Ricans were conscripted into the U.S. armed forces; they have fought in every war since they became U.S. citizens in 1917. Puerto Rico residents are subject to most U.S. taxes.
Contrary to common misconception, residents of Puerto Rico pay some U.S. federal taxes and contribute to Social Security, Medicare and other programs through payroll taxes. But, these American citizens have no Congressional representation nor do they vote in U.S. presidential elections.
Juan Torruella and other scholars argue that the U.S. national-electoral process is not a democracy due to issues related to lack of voting rights in Puerto Rico
Voting rights of United States citizens who live in Puerto Rico, like the voting rights of residents of other United States territories, differ from those of United States citizens in each of the fifty states and the District of Columbia. Resi ...
and representation. Both the Puerto Rican Independence Party
The Puerto Rican Independence Party ( es, Partido Independentista Puertorriqueño, PIP) is a social-democratic political party in Puerto Rico that campaigns for the independence of Puerto Rico from the United States.
Those who follow the PIP ...
and the New Progressive Party reject Commonwealth status. The remaining political organization, the Popular Democratic Party has officially stated that it favors fixing the remaining "deficits of democracy" that the Clinton and Bush
Bush commonly refers to:
* Shrub, a small or medium woody plant
Bush, Bushes, or the bush may also refer to:
People
* Bush (surname), including any of several people with that name
**Bush family, a prominent American family that includes:
*** ...
administrations publicly recognized through Presidential Task Force Reports.
Due to disability
Failure to make adequate provision for disabled electors can result in the selective disfranchisement of disabled people
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physical, se ...
. Accessibility
Accessibility is the design of products, devices, services, vehicles, or environments so as to be usable by people with disabilities. The concept of accessible design and practice of accessible development ensures both "direct access" (i. ...
issues need to be considered in electoral law, voter registration, provisions for postal voting, the selection of polling stations, the physical equipment of those polling stations and the training of polling station staff. This disfranchisement may be a deliberate facet of electoral law, a consequence of a failure to consider the needs of anyone other than non-disabled electors, or an ongoing failure to respond to identified shortcomings in provision.
Note that in the case of disabled voters the issue may be actual loss of the franchise of someone previously able to vote, rather that ''ab initio'' disfranchisement. This may result from the transition from non-disabled to disabled, from changes in the effects of a disability, or changes in the accessibility of the electoral process.
Access issues
Access presents special difficulties for disabled voters.
*Eligibility—Some nations restrict the franchise based on measured intellectual capacity. Potential voters with learning impairments, mental health issues, or neurological impairments may also find themselves barred from voting by law.
*Registration—Registration difficulties may disfranchise disabled people through inadequate access provisions. For instance the United Kingdom ( UK) Electoral Register
An electoral roll (variously called an electoral register, voters roll, poll book or other description) is a compilation that lists persons who are entitled to vote for particular elections in a particular jurisdiction. The list is usually broke ...
is updated annually by a largely paper-based process; this provides poor accessibility to people with visual or learning impairments.
*Postal Voting—Postal voting for disabled voters requires ballots that are appropriate for visually impaired voters. The lack of a private, accessible voting booth makes postal voting inappropriate for others with specific physical and other disabilities.
*Polling Stations—Polling stations must offer the same physical accessibility that apply to other public facilities (parking, ramps, etc.) There must be sufficient polling stations to minimize queueing
Queue areas are places in which people queue (first-come, first-served) for goods or services. Such a group of people is known as a ''queue'' (British usage) or ''line'' ( American usage), and the people are said to be waiting or standing ''in ...
, which discriminates against those with mobility, pain or fatigue-based impairments. In 2005, 68% of polling stations in the UK were potentially inaccessible to disabled voters.[
The 'Polls Apart' campaign, run by the UK disability charity ]Scope
Scope or scopes may refer to:
People with the surname
* Jamie Scope (born 1986), English footballer
* John T. Scopes (1900–1970), central figure in the Scopes Trial regarding the teaching of evolution
Arts, media, and entertainment
* Cinem ...
*Equipment—Polling stations must be clearly signposted. Low-to-the-ground polling booths and voting equipment must be available. Equipment must enable independent voting by visually and/or physically impaired voters. In 2005, 30% of UK polling stations were not in compliance with the law that requires a large print ballot and a physical template.[
*Staff—Staff must understand the necessity of taking steps to ensure access and be able to show voters how to use equipment such as physical templates, as well as in "disability etiquette" to avoid patronizing these voters.
]
Campaigns for improvement
The disability rights movement in the UK has increased attention on electoral accessibility. Campaigns such as Scope
Scope or scopes may refer to:
People with the surname
* Jamie Scope (born 1986), English footballer
* John T. Scopes (1900–1970), central figure in the Scopes Trial regarding the teaching of evolution
Arts, media, and entertainment
* Cinem ...
's 'Polls Apart' have exposed violations at polling stations.[
]
Based on criminal conviction
The exclusion from voting
Voting is a method by which a group, such as a meeting or an electorate, can engage for the purpose of making a collective decision or expressing an opinion usually following discussions, debates or election campaigns. Democracies elect holde ...
of people otherwise eligible to vote due to conviction of a criminal offense is usually restricted to the more serious class of crimes. In some common law jurisdictions, those are felonies
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
, hence the popular term felony disenfranchisement. In the US, those are generally crimes of incarceration for a duration of more than a year and/or a fine exceeding $1000. Jurisdictions vary as to whether they make such disfranchisement permanent, or restore suffrage after a person has served a sentence, or completed parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
or probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
. Felony disenfranchisement is one among the collateral consequences of criminal conviction
Collateral consequences of criminal conviction are the additional civil state penalties, mandated by statute, that attach to a criminal conviction. They are not part of the direct consequences of criminal conviction, such as prison, fines, or pro ...
and the loss of rights due to conviction for criminal offense.
Proponents of disenfranchising those convicted of crimes have argued that persons who commit felonies have 'broken' the social contract, and have thereby given up their right to participate in a civil society. Some argue that felons have shown poor judgment, and that they should therefore not have a voice in the political decision-making process. Opponents have argued that such disfranchisement restricts and conflicts with principles of universal suffrage
Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political stanc ...
. Voter restrictions affect civic and communal participation in general. Opponents argue that felony disenfranchisement can create political incentives to skew criminal law in favor of disproportionately targeting groups who are political opponents of those who hold power.
In Western countries, felony disenfranchisement can be traced back to ancient Greek and Roman traditions: removal of the franchise was commonly imposed as part of the punishment on those convicted of "infamous" crimes, as part of their "civil death
Civil death ( la, civiliter mortuus) is the loss of all or almost all civil rights by a person due to a conviction for a felony or due to an act by the government of a country that results in the loss of civil rights. It is usually inflicted on per ...
," whereby these persons would lose all rights and claim to property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
. Most medieval common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
jurisdictions developed punishments that provided for some form of exclusion from the community for felons, ranging from execution on sight to exclusion from community processes.
Most democracies give convicted criminals the same voting rights as other citizens. Significant exceptions include the United States and the United Kingdom.
Asia & Oceania
Australia
At Federation
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
in Australia the ''Commonwealth Franchise Act 1902'' denied the franchise to vote to anyone 'attainted of treason, or who had been convicted and is under sentence or subject to be sentenced for any offence ... punishable by imprisonment for one year or longer'.
In 1983 this disqualification was relaxed and prisoners serving a sentence for a crime punishable under the law for less than a maximum five years were allowed to vote. A further softening occurred in 1995 when the loss of voting rights was limited to those serving a sentence of five years or longer,[ although earlier that year the Keating Government had been planning legislation to extend voting rights to all prisoners. Disenfranchisement does not continue after release from jail/prison.
The Howard Government legislated in 2006 to ban all prisoners from voting. In 2007, the ]High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
in '''' found that the Australian constitution
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...
enshrined a limited right to vote, which meant that citizens serving relatively short prison sentences (generally less than three years) cannot be barred from voting. The threshold of three years or more sentence will only result in removal of a prisoner's right to vote in federal elections. Depending on the threshold of exclusion which is distinct in each state, a prisoner may be able to vote in either state elections or federal elections. For example, prisoners in New South Wales serving a sentence of longer than one year are not entitled to vote in state elections.
New Zealand
In New Zealand, people who are in prison are not entitled to enroll while they are in prison. Persons who are convicted of electoral offenses in the past three years cannot vote or stand for office. In November 2018, the New Zealand Supreme Court ruled that such restrictions are inconsistent with the nation's Bill of Rights.
India
Pursuant to Section 62 Subsection 5 of the Representation of the People Act, 1951, all convicted prisoners, detained prisoners and persons who are in police custody in India are disqualified from voting. This law has been challenged in court, most notably in the Praveen Kumar Chaudhary vs Election Commission of India case, but the plaintiffs were unsuccessful.
In addition pursuant to Section 62 Subsection 2 of the Representation of the People Act, 1951 a person is ineligible to vote if he or she is subjected to the disqualifications “referred to in section 16 of the Representation of the People Act, 1950 (43 of 1950)”. Section 16 of the Representation of the People Act, 1950 refers to persons disqualified from registering in an electoral roll due to “corrupt practices and other offenses in connection with elections” (Please see Section 16 of the Representation of the People Act, 1950 and Section 62 Subsection 2 of the Representation of the People Act, 1951).
No person is ineligible to vote in India solely by reason of being on parole. For example, Shamsher Singh, who was convicted of the assassination of former Punjab Chief Minister Beant Singh, voted for the first time after he was released on parole while serving a sentence of life imprisonment (Please see news article dated February 20, 2022 from the Tribune News Service entitled, “Out on parole, Beant Singh murder convict Shamsher Singh votes for first time in Patiala”).
Taiwan
In Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
the abrogation of political rights is a form of punishment used in sentencing, available only for some crimes or along with a sentence of death or imprisonment for life. Rights that are suspended in such a sentence include the right to take public office (including those by elections, national exams, or direct appointment).
China
In China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, there is a similar punishment of Deprivation of Political Rights
Civil death ( la, civiliter mortuus) is the loss of all or almost all civil rights by a person due to a conviction for a felony or due to an act by the government of a country that results in the loss of civil rights. It is usually inflicted on per ...
.
= Hong Kong
=
On 8 December 2008, Leung Kwok Hung
Liang (Romanization used in China, ) is an East Asian surname of Chinese origin. The surname is often transliterated as Leung (in Hong Kong) or Leong (in Macau, Hong Kong, Malaysia, Singapore, and the Philippines) according to its Cantonese and ...
(Long Hair), member of Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
's popularly elected Legislative Council (LegCo), and two prison inmates, successfully challenged disenfranchisement provisions in the LegCo electoral laws. The court found blanket disfranchisement of prisoners to be in violation of Article 26 of the Basic Law and Article 21 of the Bill of Rights and the denial to persons in custody of access to polling stations as against the law. The government introduced a bill to repeal the provisions of the law disenfranchising persons convicted of crimes (even those against the electoral system) as well as similar ones found in other electoral laws, and it made arrangements for polling stations to be set up at detention centers and prisons. LegCo passed the bill, and it took effect from 31 October 2009, even though no major elections were held until the middle of 2011.
Europe
In general, during the recent centuries, the European countries have increasingly made suffrage more accessible. This has included retaining disenfranchisement in fewer and fewer cases, including for criminal offenses. Moreover, most European states, including most of those outside the European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
, have ratified the European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
, and thereby agreed to respect the decisions of the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
. In the case ''Hirst v United Kingdom (No 2)
''Hirst v United Kingdom (No 2)'' (2005is a European Court of Human Rights case, where the court ruled that a blanket ban on British prisoners exercising the right to vote is contrary to the European Convention on Human Rights. The court did not ...
'' the Court in 2005 found general rules for automatic disfranchisements resulting from convictions to be contrary to the European Convention on Human Rights. This ruling applied equally for prisoners and for ex-convicts. It did not exclude the possibility of disfranchisement as a consequence of deliberation in individual cases (such as that of Mohammed Bouyeri
Mohammed Bouyeri ( ar, محمد بويري ; born 8 March 1978) is a Moroccan-Dutch convicted terrorist serving a life sentence without parole in the prison of Nieuw Vosseveld (Vught) for the assassination of Dutch film director Theo van Gogh. A ...
). The United Kingdom has not respected this Court opinion, although it is a signatory to the convention (see below).
Germany
In Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, all convicts are allowed to vote while in prison unless the loss of the right to vote is part of the sentence; courts can only apply this sentence for specific "political" crimes (treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, high treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, electoral fraud
Electoral fraud, sometimes referred to as election manipulation, voter fraud or vote rigging, involves illegal interference with the process of an election, either by increasing the vote share of a favored candidate, depressing the vote share of ...
, intimidation of voters, etc.) and for a duration of two to five years. All convicts sentenced to at least one year in prison automatically lose the right to be elected in public elections for a duration of five years, and lose all positions they held as a result of such an election.
In Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
the law calls on prisons to encourage prisoners to vote. Only those convicted of electoral fraud
Electoral fraud, sometimes referred to as election manipulation, voter fraud or vote rigging, involves illegal interference with the process of an election, either by increasing the vote share of a favored candidate, depressing the vote share of ...
and crimes undermining the "democratic order", such as treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, are barred from voting while in prison. In Germany the disenfranchisement by special court order lasts 2–5 years after which the right to vote is reinstated. The described special court orders rarely ever occur, so that about 1-2 persons a year in all of Germany lose their right to vote this way.
Ireland
For elections in the Republic of Ireland
In Ireland, direct elections by universal suffrage are used for the President, the ceremonial head of state; for Dáil Éireann, the house of representatives of the Oireachtas or parliament; for the European Parliament; and for local governmen ...
, there is no disenfranchisement based on criminal conviction, and prisoners remain on the electoral register
An electoral roll (variously called an electoral register, voters roll, poll book or other description) is a compilation that lists persons who are entitled to vote for particular elections in a particular jurisdiction. The list is usually broke ...
at their pre-imprisonment address. Prior to 2006, the grounds for postal voting
Postal voting is voting in an election where ballot papers are distributed to electors (and typically returned) by Mail, post, in contrast to electors voting in person at a polling place, polling station or electronically via an electronic voti ...
did not include imprisonment, and hence those in prison on election day were in practice unable to vote, although those on temporary release
Temporary licence, formally called release on temporary licence (ROTL) and also informally known as temporary release, is a form of temporary parole for wikt:prisoner, prisoners in jail in English and Welsh prisons.
ROTL is divided into three cate ...
could do so. In 2000 the High Court ruled that this breached the Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, and the government drafted a bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
* Invoice, commercial document issued by a seller to a buyer
* Bill, a bird or animal's beak
Plac ...
extending postal voting to prisoners on remand or serving sentences of less than six months. However, in 2001, the Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
overturned the High Court ruling and the bill was withdrawn. Following the 2005 ECHR ruling in the ''Hirst'' case, the Electoral (Amendment) Act 2006 was passed to allow postal voting by all prisoners.
Italy
In Italy, the most serious offenses involve the loss of voting rights, while for less serious offenses disqualification the judge can choose if there will be some disenfranchisement. Recently, however, the 'decree Severino' added a loss of only the right to stand for an election, against some offenders above a certain threshold of imprisonment: it operates administratively, with fixed duration and without intervention of the court. Many court actions have been presented, but the electoral disputes follows antiquated rules and the danger of causes seamless in terms of eligibility and incompatibility is very high, also at local level.
United Kingdom
The United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
suspends suffrage of some but not all prisoners. For example, civil prisoners sentenced for nonpayment of fines can vote. Prior to the judgment in ''Hirst v United Kingdom (No 2)
''Hirst v United Kingdom (No 2)'' (2005is a European Court of Human Rights case, where the court ruled that a blanket ban on British prisoners exercising the right to vote is contrary to the European Convention on Human Rights. The court did not ...
'', convicted prisoners had the right to vote in law but without assistance by prison authorities, voting was unavailable to them. In Hirst, the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
ruled that First Protocol Article 3 requires Member States to proactively support voting by authorized inmates. In the UK, as of 2009 this policy is under review as in other European countries like Italy.
Lord Falconer of Thoroton, former Secretary of State for Constitutional Affairs
The secretary of state for constitutional affairs was a secretary of state in the Government of the United Kingdom, with overall responsibility for the business of the Department for Constitutional Affairs. The position existed from 2003 to 200 ...
, stated that the ruling may result in some, but not all, prisoners being able to vote. The consultation is to be the subject of Judicial Review proceedings in the High Court. Separate challenges by the General Secretary of the Association of Prisoners, Ben Gunn, by way of petition to the European Union Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopt ...
, and John Hirst to the Committee of Ministers are underway.
In the United Kingdom, prohibitions from voting are codified in section 3 and 3A of the Representation of the People Act 1983
The Representation of the People Act 1983 (c. 2) is an Act of the Parliament of the United Kingdom. It changed the British electoral process in the following ways:
* Amended the Representation of the People Act 1969.
* Stated that a convicted pe ...
. Excluded are incarcerated criminals (including those sentenced by courts-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
, those unlawfully at large from such sentences, and those committed to psychiatric institutions as a result of a criminal court sentencing process). Civil prisoners sentenced (for non-payment of fines, or contempt of court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
, for example), and those on remand unsentenced retain the right to vote.
The UK was previously subject to Europe-wide rules due to various treaties and agreements associated with its membership of the European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
. The Act does not apply to elections to the European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
. Following ''Hirst v United Kingdom (No 2)
''Hirst v United Kingdom (No 2)'' (2005is a European Court of Human Rights case, where the court ruled that a blanket ban on British prisoners exercising the right to vote is contrary to the European Convention on Human Rights. The court did not ...
'' (2005), in which the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
(ECHR) ruled such a ban to be disproportionate, the policy was reviewed by the UK government. In 2005 the Secretary of State for Constitutional Affairs
The secretary of state for constitutional affairs was a secretary of state in the Government of the United Kingdom, with overall responsibility for the business of the Department for Constitutional Affairs. The position existed from 2003 to 200 ...
, Lord Falconer of Thoroton, stated that the review may result in the UK allowing some prisoners to vote. In 2010 the UK was still reviewing the policy, following an "unprecedented warning" from the Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
. The UK government position was then that:
Parliament voted in favor of maintaining disenfranchisement of prisoners in 2011 in response to Government plans to introduce legislation. Since then the Government has repeatedly stated that prisoners will not be given the right to vote in spite of the ECHR ruling.
In response to the ECHR ruling, Lord Chancellor and Secretary of State for Justice Chris Grayling
Christopher Stephen Grayling (born 1 April 1962) is a British Conservative Party (UK), Conservative Party politician and author who served as Secretary of State for Transport from 2016 to 2019. He has served as Member of Parliament (United King ...
produced a draft Voting Eligibility (Prisoners) Bill
The Voting Eligibility (Prisoners) Bill 2012 was a proposed Act of Parliament of the United Kingdom introduced to the House of Commons of the United Kingdom, House of Commons. The Bill deals with Felony disenfranchisement#United Kingdom, disenfra ...
for discussion by a Joint Committee, incorporating two clear options for reform and one which would retain the blanket ban.
In an attempt to put an end to the embittered standoff between the Human Rights Court and national courts, in 2017 the Government promised to marginally extend the franchise.
Other European countries
Several other European countries permit disenfranchisement by special court order, including France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
and the Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
.
In several other European countries, no disenfranchisements due to criminal convictions exist. European countries that allow inmates to vote (as of 2012) include Croatia
, image_flag = Flag of Croatia.svg
, image_coat = Coat of arms of Croatia.svg
, anthem = "Lijepa naša domovino"("Our Beautiful Homeland")
, image_map =
, map_caption =
, capit ...
, the Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The Cz ...
, Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
, Finland
Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of B ...
, Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, Latvia
Latvia ( or ; lv, Latvija ; ltg, Latveja; liv, Leţmō), officially the Republic of Latvia ( lv, Latvijas Republika, links=no, ltg, Latvejas Republika, links=no, liv, Leţmō Vabāmō, links=no), is a country in the Baltic region of ...
, Lithuania
Lithuania (; lt, Lietuva ), officially the Republic of Lithuania ( lt, Lietuvos Respublika, links=no ), is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea. Lithuania ...
, Montenegro
)
, image_map = Europe-Montenegro.svg
, map_caption =
, image_map2 =
, capital = Podgorica
, coordinates =
, largest_city = capital
, official_languages = M ...
, North Macedonia
North Macedonia, ; sq, Maqedonia e Veriut, (Macedonia before February 2019), officially the Republic of North Macedonia,, is a country in Southeast Europe. It gained independence in 1991 as one of the successor states of Socialist Feder ...
, Norway, Serbia
Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
, Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
, Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
, Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
, and Ukraine
Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...
.
Moreover, many European countries encourage people to vote, such as by making pre-voting in other places than the respective election locales easily accessible. This often includes possibilities for prisoners to pre-vote from the prison itself. This is the case for example in Finland
Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of B ...
.
Middle East
Israel
Inmates are allowed to vote in Israel and ballot boxes are present in prisons on election day. They do not suffer disfranchisement following release from prison after serving their sentence, parole, or probation. Neither courts nor prison authorities have the power to disqualify any person from exercising the right to vote in national elections, whatever the cause of imprisonment.
North America
Canada
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
allows inmates to vote. Section 3 of the Canadian Charter of Rights and Freedoms
Section 3 of the ''Canadian Charter of Rights and Freedoms'' is a section that constitutionally guarantees Canadian citizens the democratic right to vote in a general federal or provincial election and the right to be eligible for membership in t ...
grants "every citizen of Canada" the right to vote, without further qualification, a right upheld as to inmates in '' Sauvé v Canada (Chief Electoral Officer)'' 002 002, 0O2, O02, OO2, or 002 may refer to:
Fiction
*002, fictional British 00 Agent
*''002 Operazione Luna'',
*1965 Italian film
*Zero Two, a ''Darling in the Franxx'' character
Airports
*0O2, Baker Airport
*O02, Nervino Airport
Astronomy
*1996 ...
United States
Many states intentionally retract the franchise from convicted felons, but differ as to when or if the franchise can be restored. In those states, felons are also prohibited from voting in federal elections, even if their convictions were for state crimes.
Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
and Vermont
Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
allow prison inmates as well as probationers and parolees to vote.[American Civil Liberties Union]
/ref>
Twenty states (Alaska
Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S., ...
, Arkansas
Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
, Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the Caucasus region of Eurasia
* Georgia (U.S. state), a state in the Southeast United States
Georgia may also refer to:
Places
Historical states and entities
* Related to the ...
, Idaho
Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyom ...
, Iowa
Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
, Kansas
Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the ...
, Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
, Maryland
Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
, Minnesota
Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
, Missouri
Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
, Nebraska
Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the southwe ...
, Nevada
Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
, New Mexico
)
, population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano)
, seat = Santa Fe
, LargestCity = Albuquerque
, LargestMetro = Tiguex
, OfficialLang = None
, Languages = English, Spanish ( New Mexican), Navajo, Ker ...
, North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
, Oklahoma
Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
, South Carolina
)''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no)
, anthem = " Carolina";" South Carolina On My Mind"
, Former = Province of South Carolina
, seat = Columbia
, LargestCity = Charleston
, LargestMetro = ...
, Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
, Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered o ...
, West Virginia
West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bur ...
, and Wisconsin
Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
) do not allow persons convicted of a felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
to vote while serving a sentence, but automatically restore the franchise to the person upon completion of a sentence. In Iowa, in July 2005, Governor Tom Vilsack
Thomas James Vilsack (; born December 13, 1950) is an American politician serving as the 32nd United States Secretary of Agriculture in the Biden administration. He previously served in the role from 2009 to 2017 during the Obama administration. ...
issued an executive order restoring the right to vote for all persons who have completed supervision, which the Iowa Supreme Court
The Iowa Supreme Court is the highest court in the U.S. state of Iowa. The Court is composed of a Chief Justice and six Associate Justices.
The Court holds its regular sessions in Des Moines in the Iowa Judicial Branch Building located at 1111 E ...
upheld on October 31, 2005.
Fifteen states (Hawaii
Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
, Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
, Indiana
Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
, , Michigan
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
, Montana
Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columbi ...
, New Hampshire
New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
, New Jersey
New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
, New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
, North Dakota
North Dakota () is a U.S. state in the Upper Midwest, named after the Native Americans in the United States, indigenous Dakota people, Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north a ...
, Ohio
Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
, Oregon
Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
, Pennsylvania
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
, Rhode Island
Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...
, and Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
) plus the District of Columbia
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
allow probationers and parolees to vote, but not inmates.
Four states (California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
, Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
, Connecticut
Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
, and South Dakota
South Dakota (; Sioux language, Sioux: , ) is a U.S. state in the West North Central states, North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota people, Lakota and Dakota peo ...
) allow probationers to vote, but not inmates or parolees.
Eight states (Alabama
(We dare defend our rights)
, anthem = "Alabama (state song), Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery, Alabama, Montgomery
, LargestCity = Huntsville, Alabama, Huntsville
, LargestCounty = Baldwin County, Al ...
, Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
, Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
, Florida
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
, Kentucky
Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
, Mississippi
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
, Tennessee
Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
, and Wyoming
Wyoming () is a U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the south ...
) allow some, but not all, persons with felony convictions to vote after having completed their sentences. Some have qualifications of this: for example, Delaware does not restore the franchise until five years after release of a person. Similarly, Kentucky requires that the person take action to gain restoration of the franchise.
One state (Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
) permanently disfranchises persons with felony convictions. In Virginia, former Governor Terry McAuliffe
Terence Richard McAuliffe (born February 9, 1957) is an American businessman and politician who served as the 72nd governor of Virginia from 2014 to 2018. A member of the Democratic Party, he was co-chairman of President Bill Clinton's 1996 ...
used his executive power to restore voting rights to about 140,000 people with criminal backgrounds in the state.
Disfranchisement due to criminal conviction, particularly after a sentence is served, has been opposed by the Sentencing Project, an organization in the United States working to reduce arbitrary prison sentences for minor crimes and to ameliorate the negative effects of incarceration to enable persons to rejoin society after completing sentences. Its website provides a wealth of statistical data that reflects opposing views on the issue, and data from the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
government and various state governments about the practice of felony disfranchisement.
Such disenfranchisement policy currently excludes one in six African-American males. For example, in the 1998 elections, at least 10 states formally disenfranchised 20 percent of African-American voters due to felony convictions (''Journal of Blacks in Higher Education,'' 1999). Excluding felons provided “a small but clear advantage to Republican candidates in every presidential and senatorial election from 1972 to 2000” (Manza & Uggen, 2006, p. 191). In addition, felon disenfranchisement may have changed the course of history by costing Al Gore
Albert Arnold Gore Jr. (born March 31, 1948) is an American politician, businessman, and environmentalist who served as the 45th vice president of the United States from 1993 to 2001 under President Bill Clinton. Gore was the Democratic Part ...
the 2000 presidential election (Uggen & Manza, 2002). Similarly, if not for felon disenfranchisement, Democratic senatorial candidates would likely have prevailed in Texas (1978), Kentucky (1984 and 1992), Florida (1988 and 2004), and Georgia (1992) (Manza & Uggen, 2006, p. 194).
Other countries
In some countries, such as China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
and Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
, disfranchisement due to criminal conviction is an exception, meted out separately in a particular sentence. Losing voting rights is usually imposed on a person convicted of a crime against the state (see civil death
Civil death ( la, civiliter mortuus) is the loss of all or almost all civil rights by a person due to a conviction for a felony or due to an act by the government of a country that results in the loss of civil rights. It is usually inflicted on per ...
) or one related to election or public office.
Peru
, image_flag = Flag of Peru.svg
, image_coat = Escudo nacional del Perú.svg
, other_symbol = Great Seal of the State
, other_symbol_type = Seal (emblem), National seal
, national_motto = "Fi ...
allows inmates to vote.
In South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
the constitution protects the right of prisoners to vote. The Constitutional Court has struck down two attempts by the government to deny the vote to convicted criminals in prison.
See also
* Ableism
Ableism (; also known as ablism, disablism (British English), anapirophobia, anapirism, and disability discrimination) is discrimination and social prejudice against people with Disability, disabilities or who are perceived to be disabled. Ableis ...
* Disfranchisement after the Reconstruction Era
Disfranchisement after the Reconstruction era in the United States, especially in the Southern United States, was based on a series of laws, new constitutions, and practices in the South that were deliberately used to prevent black citizens from ...
(United States)
* Deprivation of Political Rights
Civil death ( la, civiliter mortuus) is the loss of all or almost all civil rights by a person due to a conviction for a felony or due to an act by the government of a country that results in the loss of civil rights. It is usually inflicted on per ...
(China)
* Felony disenfranchisement in the United States
Felony disenfranchisement in the United States is the suspension or withdrawal of voting rights due to the conviction of a criminal offense. The actual class of crimes that results in disenfranchisement vary between jurisdictions, but most commonly ...
* Lishenets A ''lishenets'' ( rus, лишенец, p=lʲɪˈʂenʲɪt͡s), лишение ''deprivation'' + -ец '' -ee''; "disenfranchised"; plural ''lishentsy'', russian: лишенцы) was a disenfranchised person in the Soviet Union from 1918 to 1936. ...
(disfranchised in the Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
)''
* Non-citizens (Latvia)
Non-citizens or Aliens ( lv, nepilsoņi) in Latvian law are individuals who are not citizens of Latvia or any other country, but who, in accordance with the Latvian law "Regarding the status of citizens of the former USSR who possess neither Latv ...
* Nuremberg Laws
The Nuremberg Laws (german: link=no, Nürnberger Gesetze, ) were antisemitic and racist laws that were enacted in Nazi Germany on 15 September 1935, at a special meeting of the Reichstag convened during the annual Nuremberg Rally of th ...
* Political alienation
In political science, political alienation refers to an individual citizen's relatively enduring sense of estrangement from, or rejection of, the prevailing political system. In representative democracies, this often leads to voter apathy – the ...
Notes
References
* "Election Readiness: It Is Never Too Late for Transparency", October 2004, from Fair Election International (FEI), a project of Global Exchange
Global Exchange was founded in 1988 and is an advocacy group, human rights organization, and a 501(c)(3) organization, based in San Francisco, California, United States. The group defines its mission as, "to promote human rights and social, econo ...
, quoted in part i
''AfricaFocus Bulletin''
26 Oct 2004
{{Suffrage
Electoral restrictions
Voter suppression