Can a Convicted Felons Ever Vote Again in Illinois

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Restoration of Voting Rights for Felons

Graphic of a human silhouette behind jail bars.It has been common do in the United states of america to brand felons ineligible to vote, in some cases permanently. Over the concluding few decades, the full general tendency has been toward reinstating the correct to vote at some signal, although this is a state-by-state policy selection. (Encounter Recent State Action below for a chronology.)

Currently, country approaches to felon disenfranchisement vary tremendously. NCSL has divided states into iv categories, as detailed in Table one below.

In all cases, "automatic restoration" does non hateful that voter registration is automatic. Typically prison officials automatically inform election officials that an individual's rights take been restored. The person is then responsible for re-registering through normal processes. Some states, California is ane example, crave that voter registration information be provided to formerly incarcerated people.

In summary:

  • In the District of Columbia, Maine and Vermont, felons never lose their correct to vote, fifty-fifty while they are incarcerated.
  • In 21 states, felons lose their voting rights but while incarcerated, and receive automatic restoration upon release.
  • In xvi states, felons lose their voting rights during incarceration, and for a period of fourth dimension later on, typically while on parole and/or probation. Voting rights are automatically restored after this time catamenia. Erstwhile felons may too have to pay any outstanding fines, fees or restitution before their rights are restored besides.
  • In 11 states felons lose their voting rights indefinitely for some crimes, or crave a governor'south pardon in order for voting rights to be restored, face up an additional waiting menses after completion of judgement (including parole and probation) or require additional activity earlier voting rights can exist restored. These states are listed in the fourth category on Table 1. Details on these states are found in Tabular array two below.
Table One: Restoration of Voting Rights After Felony Convictions
Never Lose Right to Vote Lost Just While Incarcerated | Automatic Restoration After Release Lost Until Completion of Sentence (Parole and/or Probation) | Automated Restoration After Lost Until Completion of Sentence | In Some States a Post-Sentencing Waiting Flow | Additional Action Required for Restoration (1)
District of Columbia California Alaska Alabama
Maine Colorado Arkansas Arizona
Vermont Connecticut Georgia Delaware
Hawaii Idaho Florida (iii)
Illinois Kansas Iowa
Indiana Louisiana Kentucky
Maryland (2) Minnesota Mississippi
Massachusetts Missouri Nebraska
Michigan New Mexico Tennessee
Montana Due north Carolina Virginia
Nevada Oklahoma Wyoming

New Hampshire

South Carolina
New Jersey South Dakota
New York Texas
Due north Dakota West Virginia
Ohio Wisconsin
Oregon
Pennsylvania
Rhode Island
Utah
Washington

(1) Details on the process for restoration of rights is included in Table 2 below.

(2) In Maryland, convictions for buying or selling votes can only be restored through pardon.

(3) An initiated constitutional amendment in 2018 restored the correct to vote for those with prior felony convictions, except those convicted of murder or a felony sexual criminal offense, who must however petition the governor for restoration of voting rights on a instance by instance basis. In July 2019, SB 7066 was signed by the governor of Florida which defined "completion of sentence" to include: release from imprisonment, termination of  any ordered probation, fulfillment of any terms ordered by the courts, termination of any ordered supervision, full payment of whatever ordered restitution and the total payment of any ordered fines, fees or costs.

Table Two: Details on Policies for Restoration of Rights
Country Details on Policies for Restoration of Rights
Alabama The Alabama Constitution states that "No person convicted of a felony involving moral turpitude, or who is mentally incompetent, shall be qualified to vote until restoration of civil and political rights or removal of disability" (Ala. Const. Fine art. 8, § 177). Earlier 2017 there was no comprehensive list of felonies that involve moral turpitude which would disqualify a person from voting. In 2017, HB 282 defined which crimes fit this category (Ala. Code § 17-3-xxx.i).
Arizona A conviction for a felony suspends the rights of the person to vote (A.R.S. § xiii-904) unless they take been restored to civil rights (Ariz. Const. Fine art. vii § 2). Start-time offenders have rights restored upon completion of probation and payment of any fine or restitution (A.R.Southward. § xiii-912). A person who has been bedevilled of two or more than felonies may have civil rights restored by the judge who discharges him at the terminate of the term of probation or by applying to the court for restoration of rights (A.R.S. § 13-905).
Delaware People who are convicted of disqualifying felonies (murder, blackmail, sexual offenses) are permanently disenfranchised. Those disqualified every bit a voter because of some other blazon of felony shall take the disqualification removed upon being pardoned or afterwards the expiration of the judgement, whichever comes kickoff (Del. Const., Art. 5, § two). In 2013 (HB 10) Delaware removed its five-year waiting period, allowing those convicted of non-disqualifying offenses to vote upon completion of judgement and supervision.
Florida Felons must have completed all terms of sentence, which includes probation and parole, and must pay any oustanding fines or fees before they tin get their voting rights restored (Flor. Stat. §98.0751).
Iowa A person convicted of whatever infamous crime shall not be entitled to the privilege of an elector (Iowa Const. Art. 2, § 5). In 2016 the Iowa Supreme Court upheld the ban on felon voting, finding that all felonies are "infamous crimes" resulting in permanent disenfranchisement (Griffin 5. Pate, 2016). The ability of the governor to restore voting rights to persons convicted of infamous crimes through pardoning power was upheld in State five. Richardson, 2017. In 2005 Governor Tom Vilsack restored voting rights to individuals with one-time felony convictions via executive guild. Governor Terry Branstad reversed this executive order in 2011.
Kentucky "Persons bedevilled of treason, or felony, or blackmail in an election, or of such high misdemeanor as the General Associates may declare shall operate equally an exclusion from the right of suffrage, but persons hereby excluded may be restored to their civil rights by executive pardon" (KY Const. § 145). Governor Steve Beshear restored voting rights to individuals with former non-trigger-happy felony convictions via executive society in 2015. Governor Matt Bevin reversed this executive order soon subsequently taking part in 2015. The Department of Corrections is required to promulgate administrative regulations for restoration of civil rights to eligible felony offenders (KRS §196.045).
Mississippi "A person convicted of murder, rape, bribery, theft, arson, obtaining coin or goods under false pretense, perjury, forgery, embezzlement or bigamy is no longer considered a qualified elector" (Miss. Const. Fine art. 12, § 241). If an individual hasn't committed one of these offenses, rights are automatically restored. If an individual has been bedevilled of one of these, he or she can withal receive a pardon from the governor to restore voting rights (Miss. Code Ann. § 47-7-41) or past a ii-thirds vote of both houses of the legislature (Miss. Const. Art. 12, § 253).
Nebraska In felony cases, there is a two-year waiting menstruation afterward completion of probation for the restoration of voting rights (Beak. Rev. St. § 29-2264).
Tennessee The Tennessee Constitution denies the right to vote persons convicted of an infamous crime (Tenn. Const. Fine art. ane, § 5). Any felony is considered an "infamous crime" and disqualifies a person from exercising the correct of suffrage (T.C.A. § 40-20-112). Those bedevilled of infamous crimes may petition for restoration upon completion of the sentence or be pardoned by the governor (T.C.A. § forty-29-101, § 2-19-143). Proof of restoration is needed in social club to register to vote (T.C.A. § 2-2-139).
Virginia No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other advisable authority (VA Const. Art. 2, § i). The Section of Corrections is required to provide persons bedevilled of felonies with information regarding voting rights restoration, and assist with the process established by the governor for the review of applications (VA Code Ann. § 53.1-231.1 et seq.). Individuals with felony convictions may petition the courts in an try to restore their voting rights (VA Code Ann. § 53.1-231.2). In 2016, Virginia Governor Terry McAuliffe appear an executive guild automatically restoring voting rights to convicted felons who have completed their prison house sentence and their term of supervised release (parole or probation) as of April 22, 2016. The Virginia Supreme Court subsequently ruled that rights restoration needs to have place on an individual ground, rather than en masse.
Wyoming A person bedevilled of a felony is non a qualified elector unless his rights are restored (W.S. § six-10-106). For persons convicted of nonviolent felonies or a outset-fourth dimension offender, rights are restored automatically (W.S. § vii-thirteen-105). Persons who practice not meet the higher up qualifications must be pardoned (W.S. § six-10-106).

Contempo Country Deportment

  • In 2021, Connecticut passed SB 1202 restoring voting rights to citizens on parole.
  • In 2021, New York passed SB 830 restoring voting rights to citizens on parole.
  • In 2021, Washington passed HB 1078 restoring voting rights to citizens on parole.
  • In 2020, California voters passed Proposition 17 restoring voting rights to citizens on parole.
  • In 2020, Washington, D.C., passed B 825 and joined Maine and Vermont in allowing convicted felons to vote while incarcerated.
  • In 2020, Iowa Governor Kim Reynolds issued an executive society restoring the voting rights of felons who have served their sentences. It excludes certain categories of homicide and sexual abuse crimes from automatic restoration. The order does non status restoration of rights on the payment of fines, fees or restitution to victims.
  • In 2020, New Jersey enacted AB 5823, restoring the right to vote to people with a felony conviction upon release from prison and allowing people on parole or probation to vote.
  • In 2019, Nevada enacted AB 431, restoring the right to vote to anyone convicted of felony upon release from prison. Previous to this legislation, first-time, non-vehement offenders could accept rights restored upon completion of sentence but those that had committed a fierce crime or ii or more felonies had to petition a court to grant the restoration of ceremonious rights.
  • In 2019, Colorado enacted HB 1266 giving voting rights to individuals on parole, putting it in the category of states that only disenfranchise those who are in prison.
  • In 2019, Washington enacted SB 5207 requiring that inmates are notified in writing of the process for restoration of voting rights before leaving the say-so of the department of corrections.
  • In 2019, Illinois enacted SB 2090 to require ballot authorities in a county with a population over 3 meg to collaborate with the principal county jail where eligible voters are confined or detained to facilitate an opportunity for voting by mail for eligible voters. Illinois also enacted HB 2541 requiring the departments of corrections and juvenile justice to provide nonpartisan peer-led civics programs throughout the correctional institutions on voting rights, governmental institutions, current affairs, and simulations of voter registration, ballot and democratic processes.
  • In 2019, Oklahoma HB 2253 antiseptic that persons convicted of a felony shall be "eligible to annals to vote when they have fully served their sentence of courtroom-mandated agenda days, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by the court."
  • In July 2019, SB 7066 was signed by the governor of Florida which defined "completion of sentence" to include: release from imprisonment, termination of  whatsoever ordered probation, fulfillment of whatever terms ordered by the courts, termination of any ordered supervision, full payment of whatsoever ordered restitution and the full payment of any ordered fines, fees or costs.
  • In 2018, Florida passed a citizen-initiated ramble amendment to automatically restore the voting rights of felons after completion of their sentences (including parole and probation). Those convicted of murder or a felony sexual offense must withal apply to the governor for voting rights restoration on a case past example footing. Before the amendment, anyone bedevilled of a felony had to accept voting rights restored by a full pardon, conditional pardon, or restoration of civil rights by the governor. The Executive Clemency Board set the rules for restoration of civil rights, which at the time the subpoena passed, included a 5- or 7-twelvemonth waiting period and a list of crimes for which an individual could never apply for rights restoration.
  • In 2018, Colorado SB 150 permitted an individual on parole, who is otherwise eligible, to pre-register to vote. When the secretary of land receives notification that the individual has been released from parole, he/she is then registered to vote.
  • In 2018, New York Governor Andrew Cuomo issued an executive gild removing the restriction on parolees voting. New York already allows those on probation to vote. The order may be challenged in court.
  • In 2017, Alabama HB 282 provided a list of felonies that involve "moral turpitude" that disqualify a person from exercising his or her correct to vote. Previously there was no comprehensive, administrative source for defining a disenfranchising crime in Alabama.
  • In 2017, Wyoming enacted HB75 automatically restoring the rights of irenic felons.
  • In 2017, Louisiana enacted HB 168 improving reporting requirements between The Department of Public Rubber and Corrections and the Section of State.
  • In 2016, California passed legislation allowing those in canton jails to vote while incarcerated, but not state or federal prison. In 2017 California passed additional legislation requiring information be provided about voting rights restoration on the internet and in person to felons exiting prison house.
  • In 2016, Virginia Governor Terry McAuliffe announced an executive order automatically restoring voting rights to convicted felons who have completed their prison house judgement and their term of supervised release (parole or probation) as of April 22. This decision was a source of contention with the legislature. In July 2016, the Virginia Supreme Court overturned the order.
  • In 2016, Maryland'south legislature enacted HB 980 and SB 340 (overriding a veto) then that voting rights are automatically restored afterwards completion of the term of incarceration.
  • In 2015, outgoing Kentucky Governor Steve Beshear signed an executive order to automatically restore the right to vote (and to hold public office) to sure offenders, excluding those who were bedevilled of violent crimes, sex crimes, bribery, or treason. The order was reversed by incoming Governor Matt Bevin.
  • In 2015, Wyoming enacted HB 15 requiring the department of corrections to upshot a certification of the restoration of voting rights to certain not-violent felons afterward completion of sentence.
  • In 2013, Delaware eliminated the 5-twelvemonth waiting flow earlier voting rights are restored.
  • In 2013, Virginia Governor McDonnell signed an executive society creating new rights restoration processes for persons with prior felony convictions.
  • In 2012, South Dakota mandated that felons on probation would non have voting rights restored. Previously, merely felons on parole or incarcerated had their voting rights suspended.
  • In 2011, the Florida Board of Executive Charity (comprised of the governor and 3 cabinet members) reversed a 2007 policy modify that automatically restored voting rights to non-violent offenders upon the completion of their judgement. The new policy requires that all ex-felons await between five and vii years depending on the crime earlier applying to regain voting rights.
  • In Iowa, the governor in 2011 reversed an executive order issued in 2005 under the previous governor. The 2005 society automatically restored the voting rights of all ex-felons, only under the 2011 order, they will now accept to apply to regain rights.
  • In 2011 in Tennessee, HB 1117 was enacted, adding to the list of felons who are not eligible for automatic restoration.
  • In 2009, Washington restored the right to vote to felons who completed their sentences, while requiring them to re-register to vote.

Between 1996 and 2008, 28 states passed new laws on felon voting rights.

  • Seven repealed lifetime disenfranchisement laws, at least for some ex-offenders.
  • 2 gave probationers the right to vote.
  • Vii improved data-sharing procedures among state agencies.
  • Nine passed requirements that ex-offenders exist given data and/or help in regaining their voting rights at the time they consummate their sentence.
  • Twelve simplified the process for regaining voting rights, for instance, by eliminating a waiting period or streamlining the paperwork process.

Additional Resources

For more than detailed information on state legislation dealing with the voting rights of bedevilled felons, visit NCSL's 2011-current Election Legislation Database and select the subtopic "Voters-Felon Voting Rights." For legislation from the menstruum 2001-2010, visit NCSL's 2001-2010 Election Legislation Database.

  • If you're looking for information on how y'all or someone else can regain the right to vote, NCSL is unable to help with or offering advice on this process. We suggest that you contact election officials in the advisable jurisdiction to get the about electric current and accurate information available.
  • If yous're seeking general information on state policies regarding felon voting rights, please contact NCSL's elections team for more than information past electronic mail or at 303-364-7700.
  • The Sentencing Project is an advocacy group that offers data on felon disenfranchisement in the states. Its page Felony Disenfranchisement: A Primer contains a land-past-state chronology of state activity on felony disenfranchisement laws since 1997.
  • The Restoration of Rights Project, from the National Clan of Criminal Defense Lawyers, also provides help on felon disenfranchisement.

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Source: https://www.ncsl.org/research/elections-and-campaigns/felon-voting-rights.aspx

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