Should Felons be Allowed to Vote? 1
In this essay, I will be in support of felons having their voting rights restored after serving their prison sentences and completing all terms and conditions of probation or parole successfully. My reasons for supporting the restoration of felons’ voting rights are because voting is a “right” under the Constitution of the United States. After a person serves their prison sentence; some ex-felons have the ability to be and remain rehabilitated and live productive lives. Also, the laws are changing making it easier to be charged as a felon. Most of the people that are against felons voting claim that they make bad judgments because they do not abide by the laws. Also, convicted felons continue to violate the laws and further prove they are irresponsible, and felons need to be taught a lesson about breaking the laws (“ProCon.org”). Does a person lose citizenship when convicted of a felony? Citizens convicted of a felony but who have completed their sentencing and parole requirements should enjoy all of the same rights as other citizens.
I refute disenfranchisement because it is not a novel practice. Its roots are historic. There have been numerous legal challenges to disenfranchisement laws, and courts have found the practice to be unconstitutional. In these legal challenges, one argument, which courts have never fully examined, however, is that disenfranchisement is linked to recidivism. Consistent with theories of labeling and shaming, one potential consequence of disenfranchisement is to create a permanent criminal underclass of outcasts, which is unable to fully rejoin society after their prison sentence is served. The outcome of this effect could, in turn, lead to an increase in criminal activity. Not only is disenfranchisement a poor social policy, it is arguably unconstitutional under the Supreme Court’s Boerne test (Berkeley La Raza Law Journal).

Should Felons be Allowed to Vote? 2
Disenfranchisement should be abandoned as a draconian and costly practice of a pre-democratic era (p. 408). Disenfranchisement is the hardest civil sanction imposed by a democratic society. When brought beneath this axe, the disenfranchised is served from the body politic, and condemned to the lowest form of citizenship, where voiceless is at the ballot box…the disinherited must sit idly by while others elect his civic leaders and while others choose the fiscal and governmental policies which will govern him and his family. Such a shadowy form of citizenship must not be imposed lightly (McLaughlin v. Canton, 1951). While in prison, most American citizens are barred from voting. Many states do, in fact, allow felons their right to vote after completion of their sentencing. Two states, Maine and Vermont allow citizens the right to vote while in prison. However, a significant number of states only allow some felons the right to gain back their voting rights, and three states, Florida, Arizona, and Virginia permanently disenfranchise felons. Furthermore, it can be argued that disenfranchisement is a civil rights issue due to the number of minorities incarcerated. The right to vote is a constitutionally provided right.
Voting rights and disqualifications are enforced according to state laws. Most states do offer felons a path to reinstating their voting rights. In twenty states, Alaska, Arkansas, Georgia, Idaho, Kansas, Louisiana, Maryland, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, North Carolina, South Carolina, Oklahoma, South Dakota, Texas, Washington, West Virginia, and Wisconsin, people with felony convictions are allowed to vote after completion of their sentences. In those twenty states people who are in prison, on parole, and on probation cannot

Should Felons be Allowed to Vote? 3 vote. Four states, California, Colorado, Connecticut, and New York, do not allow prisoners and parolees to vote, but people with any criminal past, even those on probation, can vote. Thirteen states, District of Columbia, Hawaii, Illinois, Indiana, Massachusetts, Michigan, Montana, New Hampshire, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, and Utah, only disenfranchise felons while they are in prison. Everyone else, including felons, parolees, and those on probation are allowed to vote. In two states, New Hampshire and Maine, everyone has a right to vote, including prisoners. There are eleven states, Alabama, Arizona, Delaware, Florida, Iowa, Kentucky, Mississippi, Nevada, Tennessee, Virginia, and Wyoming, which make it exceedingly difficult, if not impossible, for some felons to regain their right to vote. Most of these states do not allow criminals who committed serious felonies such as rape, murder, and kidnapping to vote without an action by the Board of Parole or the governor of the state. However, most of these states will reinstate a felon’s voting rights for their first felony if it is a nonviolent crime. Three states, Kentucky, Iowa, and Florida require a Board of Parole hearing or governor’s executive action for any felony. In Florida, going through the civil rights restoration hearing is the only way to regain the right to vote. The rights restoration process serves as one of the final steps in the process of restoring liberties forfeited by criminal convictions.
Disenfranchisement became much more common following the Civil War as a means of keeping African- Americans from voting. Originally the constitution only allowed white male land owners the right to vote. Punishing crime through limiting citizenship is a practice with deep roots in western society (Punishment & Society, p. 406). However, the fifteenth Should Felons be Allowed to Vote? 4 amendment, ratified in 1870 at the end of the Civil War, gave all men the right to vote, regardless of “…race, color or conditions of previous servitude.” Then, in 1920, the nineteenth amendment gave women the right to vote. Finally, in 1971, the right to vote was extended to eighteen year olds. Various interpretations of the constitution have been used to fight for felon’s rights to vote. The eighth amendment, which is part of the Bill of Rights, gives citizens protection against excessive bail and cruel and unusual punishment. Disenfranchisement can be considered cruel and unusual. Furthermore, language in the fifteenth amendment concerning “previous servitude” can be used to fight against felon disenfranchisement if the definition of “previous servitude” is extended to include incarceration. Some people say that “full restoration of every right is inappropriate.” The Restoration of Civil Rights can be a significant part of the rehabilitation for criminal offenders and can assist them in reentry into society. It is important that this form of clemency be granted in a deliberate, thoughtful manner that prioritize public safety and creates incentives to avoid criminal activity. Disenfranchisement is not truly a punishment. Disallowing felons to vote does nothing to correct their behavior or prevent them from committing a crime again. If anything it further separates them from society. Once a person is convicted of a felony, they are labeled a felon for life. This is injustice if a man or woman committed a crime when he or she was twenty five and is kept from voting every time there is an election throughout the rest of their lives. It does take time to establish a track record. It is the only method to find out if the felon is now participating in the social compact that governs this country and comply with the rules of society.

Should Felons be Allowed to Vote? 5
Upon completing their sentences, many convicted felons discover that it will be difficult or impossible to restore their voting rights and be seen as equal through the society population. Could this be because ex-offenders have difficulty making their way in a world where they are branded, often for life, by the stigma of a criminal conviction? Ex-felons are also labeled as being uneducated. A study done by Manza et al,’s (2006) shows that there is a large range occupations from ex-felons including: a former professional athlete; social worker; painter; cook; construction worker; plumber; counselor; welder; electrician; truck driver; student; and tattoo artist. There was also a large range in education. Five participants never attended high school, seven had some high school, and twenty five graduated from high school, while seventeen had received their GED. There were nineteen participants with some college, four with college degrees, and two with graduate degrees (Punishment & Society). This shows that not all citizens who are convicted of a felony are uneducated. People who have made mistakes need to be able to move on, move forward with their lives, and the laws need to be changed to allow them, and encourage them, to do so. They are not being allowed to do so if every job application they fill out looks like an instant dead-end because of that question about “criminal history.” Many ex-felons are determined to change their past behaviors and live productive lives. Most of the time, ex-felons manage to continue their education, obtain employment, and strengthen and establish family relationships.
Laws are constantly changing making is easier for elections to be bias. Less people are available to vote. This is due to the amount of minorities that are disenfranchised and restricted from voting. Disenfranchisement excludes large numbers of American citizens from the franchise, thereby prohibiting their participation in the political process. If ex-felons has no Should Felons be Allowed to Vote? 6 stake in his or her community and are not deserving of the protections of the law, then there is less incentive to abide by in it. This affects the entire nation, not just the citizens who have felonies and are imprisoned (Berkeley La Raza Law Journal).
Some people that are against felony voting also think that felons should be taught a lesson by not restoring their rights to vote. If their voting privileges are restored right after they have completed their prison term, they aren’t being taught a lesson. They are receiving the wrong message that it is okay to keep breaking the laws and they’ll get all of their privileges and rights anyway. Ex-felons should have to prove they could live a non conflict life with the law before restoring their rights. Individuals who have shown they are willing to follow the laws should have the opportunity to reclaim their right to vote. There is no reason for society to think of themselves above a felon and impose further regulations because it is not society’s place to judge. This includes the right to vote. Taking away felons’ rights to vote removes their voice in a representative government. Not only does it deprive them of this democratic right, it keeps them from participating in a system they are required to live under. Once someone has paid their debt to society, we should recognize it. We should recognize them back into society and give them a second chance. Who doesn’t deserve a second chance?
While voting is the “right” of every American citizen; prisoners are prevented from exercising that right and barred from active participation in the most basic democratic activity. A democratic society cannot be legitimate if its people are not voting because democracy dictates that every competent adult is allowed to vote. When felons are barred from voting, we are not truly a democracy because voting is essential to being a productive member of our society. Citizens spend many years in prison, serving enormous sentences as punishment for the crime they committed in society. After serving their sentences, they are released to live freely in society, so they should have the right to vote. Being incarcerated for life is a different situation, they are not in society.