Can People Convicted of a Crime or in Jail or Prison Vote in the Presidential Election?

In the final days of the election, many people wonder if people convicted of a crime or in jail or prison can vote in the Presidential election.

First, it is important to understand the difference between a felony crime and a misdemeanor. A felony is usually an offense that can result in incarceration of a year or more. Misdemeanors are less serious offenses which result in a fine or shorter incarceration, usually in a local jail rather than a prison.

Laws regarding whether people convicted of a felony vary from state to state. Almost all states and the District of Columbia prohibit inmates from voting while incarcerated for a felony. The only exceptions are Maine and Vermont. In addition, 35 states do not allow felons to vote while they are on parole and 30 deny this right to felons that are on probation. The only exceptions are Maine and Vermont. For example, in Maine, any person who is incarcerated may apply to register to vote where they either had or intend to reside.

All states , except Kentucky and Virginia, allow convicted felons to vote once they have successfully served sentences handed out by the courts.

Sometimes this process is automatic and sometimes states require felons to reapply for the privilege to vote in elections.

According to the ACLU, people who are in jail waiting for trial or serving time for a misdemeanor conviction are able to vote in every state. However, the mechanism for legal registration and actual voting will vary according to the particular election agency that is responsible for administration at the local level.

Due to the variations in the content and application of state laws, specific information about regulations in a particular voting district can be found by contacting your local board of elections.

In summary, with the exceptions noted above, most convicted felons are denied the right to vote while incarcerated, on parole or on probation.

If a person is awaiting trial or serving time for a misdemeanor, they are allowed to vote.