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U.S. History of Felon Voting / Disenfranchisement

Pre-1800 1800-1849 1850-1899 1900-1949 1950-1999 2000-Present

DATE
EVENT
Ancient and Medieval History "In Athens and other Greek city-states, the status of atimia [loss of civil rights] was imposed upon criminal offenders. This status carried the loss of many citizenship rights, including the right to participate in the polis (polity). Of course, only elites had those rights to begin with, so disenfranchisement was a penalty imposed on deviant elites.

In ancient Rome, the related punishment of infamia could be imposed on criminal offenders. In this case, the principle penalties were loss of suffrage and the right to serve in the Roman legions (a desired opportunity). [...]

In medieval Europe, the legal doctrines of 'civil death' and 'outlawry' carried forward similar notions. As with atimia, those punished with civil death generally suffered a complete loss of citizenship rights (in some early Germanic texts, outlaw status meant a 'loss of peace' that was comparable to becoming a wolf, since the outlaw had to 'live in the forest'). In extreme cases, civil death could be injurious or fatal, since outlaws could be killed by anyone with impunity, or have their property seized. In most medieval contexts, political rights held little substantive meaning. But the civil death model carried over into parts of modern criminal law."
2006 Jeff Manza and Christopher Uggen   Locked Out: Felon Disenfranchisement and American Democracy

pre-1776 "Criminal disenfranchisement has its roots in the punishment of 'civil death,' imposed for criminal offences under Greek, Roman, Germanic and later Anglo-Saxon law. English law developed the related punishment of attainder which resulted in forfeiture of all property, inability to inherit or devise property, and loss of all civil rights. These principles were transplanted to the British colonies which later became Canada and the United States."
Fall 2003 Debra Parkes "Ballot Boxes Behind Bars: Toward the Repeal of Prisoner Disenfranchisement Laws," Temple Political and Civil Rights Law Review
pre-1776 "[A]side from property qualifications, there were no firm principles governing colonial voting rights, and suffrage laws accordingly were quite varied.... In practice, moreover, the enforcement of application of suffrage laws was uneven and dependent on local circumstances. [...]

[T]he revolutionary period [...] witnessed heated public exchanges and sharp political conflict over the [voting] franchise. [...] Implicit in these arguments was the claim that voting was not a right but a privilege, one that the state could legitimately grant or curtail in its own interest. [...]

Yet there was a problem with this vision of suffrage as a right [...] there was no way to argue that voting was a right or a natural right without opening a Pandora's box. If voting was a natural right, then everyone should possess it. [...]

[S]everal important legal and jurisdictional issues also were shaped, or structured, during the revolutionary period. The first was that suffrage was defined as a constitutional issue [...]  Implicit in this treatment was the notion that suffrage requirements ought to be durable and difficult to change."
2000 Alexander Keyssar  The Right to Vote

1788 The U.S. Constitution is ratified, which states "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature."
1789 U.S. Constitution
1789 "Under the Articles of Confederation [ratified in 1777], the states had retained complete control over the [voting] franchise. But the Constitution of the United States forged a link between state suffrage rules and the right to vote in national elections: those who participated in elections for the 'most numerous Branch of the state legislature' [...] there was no formal debate about the possibility of a national standard more inclusive than the laws already prevailing in the states. Indeed, the records of the federal convention and state constitutional conventions suggest that most members of the new nation's political leadership did not favor a more democratic franchise. [...]

By making the franchise in national elections dependent on state suffrage laws, the authors of the Constitution compromised their substantive disagreements to solve a potentially explosive political problem. [...] citizenship in the new nation -- controlled by the federal government -- was divorced from the right to vote."
2000 Alexander Keyssar   The Right to Vote

Post-1789 "States began to incorporate such [felon disenfranchisement] provisions in their constitutions in the late eighteenth century... by the eve of the Civil War, more than two dozen states disfranchised men who had committed serious crimes.... The rationale for such sanctions was straightforward: disfranchisement, whether permanent or for an extended period, served as retribution for committing a crime and as a deterrent to future criminal behavior."
2000 Alexander Keyssar  The Right to Vote
1792 Kentucky's state constitution is ratified.  It states "Laws shall be made to exclude from... suffrage those who thereafter be convicted of bribery, perjury, forgery, or other high crimes and misdemeanors."
1792 Kentucky state constitution
1793 Vermont's state constitution is ratified.  It gives authority to the state supreme court to disenfranchise those guilty of bribery, corruption, or other crimes.
1793 Vermont state constitution
1802 Ohio's state constitution is ratified.  It states "The legislature shall have full power to exclude from the privilege of voting... any person convicted of bribery, perjury, or otherwise infamous crime."
1802 Ohio state constitution
1804 The U.S. Constitution's Amendment XII is ratified by the states. It stipulates:

"The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President."
1804 U.S. Constitution

1812 Louisiana's state constitution is ratified.  It states "Laws shall be made to exclude from... suffrage those who shall thereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors." It also specifically bars from voting those convicted of being "engaged in a duel with deadly weapons against a citizen of Louisiana."
1812 Louisiana state constitution
1816 Indiana's state constitution is ratified.  It states "The General Assembly shall have full power to exclude from the privilege of electing, or being elected, any person convicted of an infamous crime."
1816 Indiana state constitution
1817 Mississippi's state constitution is ratified.  It states "Laws shall be made to exclude from... suffrage, those who shall thereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors."
1817 Mississippi state constitution
1818 Connecticut's state constitution is ratified.  It bars from voting "those convicted of bribery, forgery, perjury, dueling, fraudulent bankruptcy, theft, or other offense for which an infamous punishment is inflicted."
1818 Connecticut state constitution
1819 Alabama's state constitution is ratified.  It states "Laws shall be made to exclude from ... suffrage... those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes and misdemeanors."
1819 Alabama state constitution
1820 Missouri's state constitution is ratified.  It states "The General Assembly shall have power to exclude... from the right of suffrage, all persons convicted of bribery, perjury, or other infamous crime." The constitution also specifically bars those convicted of electoral bribery for ten years.
1820 Missouri state constitution
1821 New York's state constitution is ratified.  It states "Laws may be passed by excluding from the right of suffrage persons... convicted of infamous crimes."
1821 New York state constitution
1830 Virginia's state constitution is ratified.  It specifically bars from voting those "convicted of an infamous crime."
1830 Virginia state constitution
1831 Delaware's state constitution is ratified.  It states "The legislature may impose the forfeiture of the right of suffrage as a punishment of crime." The constitution also specifically bars from voting those convicted of a felony.
1831 Delaware state constitution
1834 Tennessee's state constitution is ratified.  It states "Laws may be passed excluding from the right of suffrage persons who may be convicted of infamous crime."
1834 Tennessee state constitution
1838 Florida's state constitution is ratified.  It states "Laws shall be made by the General Assembly to exclude from... suffrage those who shall have been, or may thereafter be, convicted of bribery, perjury, forgery, or other high crime or misdemeanor." It also states that "the General Assembly shall have power to exclude from... the right of suffrage, all persons convicted of bribery, perjury, or other infamous crimes." The constitution came into effect in 1845 when Florida became a U.S. state.
1838 Florida state constitution
1842 Rhode Island's state constitution is ratified.  It specifically bars from voting those "convicted of bribery or of any crime deemed infamous at common law, until expressly restored to the right of suffrage by an act of General Assembly."
1842 Rhode Island state constitution
1844 New Jersey's state constitution is ratified.  It specifically bars from voting those "convicted of felonies unless pardoned or restored by law to the right of suffrage." It also states "The legislature may pass laws to deprive persons of the right of suffrage who shall be convicted of bribery."
1844 New Jersey state constitution
1845 Louisiana's state constitution specifically bars from voting those "under interdiction" or "under conviction of any crime punishable with hard labor."
1845 Louisiana state constitution
1845 Texas' state constitution is ratified. It states "Laws shall be made to exclude... from the right of suffrage those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes."
1845 Texas state constitution
1846 Iowa's state constitution is ratified. It bars from voting those "convicted of any infamous crime."
1846 Iowa state constitution
1846 New York's new state constitution is ratified. It states "Laws may be passed excluding from the right of suffrage all persons who have been or may be convicted of bribery, larceny, or of any other infamous crime.... and for wagering on elections."
1846 New York state constitution
1848 Wisconsin's state constitution is ratified. It states "Laws may be passed excluding from the right of suffrage all persons... convicted of bribery, or larceny, or any infamous crime... and for betting on elections."
1848 Wisconsin state constitution
1849 California's state constitution is ratified. It states "Laws shall be made to exclude from... the right of suffrage those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes." The constitution also specifically bars from voting "those convicted of any infamous crime." The constitution came into effect with statehood in 1950.
1849 California state constitution
1850 Kentucky's new state constitution is ratified. It states "Laws shall be made to exclude from... suffrage those who thereafter be convicted of bribery, perjury, forgery, or other crimes or high misdemeanors."
1848 Wisconsin state constitution
1850 Virginia's new state constitution is ratified. It specifically bars from voting those "convicted of electoral bribery or an infamous offense."
1850 Virginia state constitution
1851 Indiana's new state constitution is ratified. It states "The General Assembly shall have power to deprive of the right of suffrage, and to render ineligible any person convicted of an infamous crime."
1851 Indiana state constitution
1851 Maryland's state constitution is ratified. It bars from voting persons "convicted of larceny or other infamous crime" unless pardoned by the executive; also persons convicted of bribery at elections are "forever disqualified from voting."
1851 Maryland state constitution
1851 Ohio's new state constitution is ratified. It states "The General Assembly shall have the power to exclude from the privilege of voting... any person convicted of bribery, perjury, or other infamous crime."
1851 Ohio state constitution
1857 Minnesota's state constitution is ratified. It specifically bars from voting those "convicted of treason or felony until restored to civil rights." This came into effect with statehood in 1858.
1857 Minnesota state constitution
1857 Oregon's state constitution is ratified. It specifically bars from voting those "convicted of crimes punishable by imprisonment." This constitution came into effect with statehood in 1859.
1857 Oregon state constitution
1870 The U.S. Constitution's Amendment XV is ratified by the states. It stipulates:

"Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2. The Congress shall have the power to enforce this article by appropriate legislation."
1870 U.S. Constitution

1882 "In 1882 Congress passed the Edmunds Act.... It restated that polygamy was a felony punishable by five years of imprisonment and a $500 fine... Convicted polygamists were disenfranchised [denied the ability to vote] and were ineligible to hold political office."
1882 The Edmunds Act from The Utah History Encyclopedia, University of Utah (University Press: 1994)
1913 The U.S. Constitution's Amendment XVII is ratified by the states. It stipulates:

"The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures."
1913 U.S. Constitution

1957 The Civil Rights Act of 1957 is passed. "The bill created a national Civil Rights Commission, elevated the Civil Rights section into a full-fledged division of the Justice Department, and authorized the attorney general to seek injunctions and file civil suits in voting rights cases [...]

Rhetorically and politically [...] the Civil Rights Act of 1957 did push the voting rights agenda forward, largely through the creation of the Commission on Civil Rights (CCR) [...] The three Northerners on the commission, including its chairman, went further, calling for a new constitutional amendment that 'would give the right to vote to every citizen who meets his State's age and residence requirement and who is not legally confined at the time of registration or elections' [...]

The Civil Rights Commission thus lent its prestige and authority to calls for further federal action and the de facto, if not de jure, nationalization of the right to vote."
2000 Alexander Keyssar The Right to Vote: The Contested History of Democracy in the United States

1965
Aug. 6
"President Johnson signed the [Voting Rights Act] into law on August 6, 1965. Section 2 of the Act, which closely followed the language of the 15th amendment, applied a nationwide prohibition against the denial or abridgment of the right to vote on the literacy tests on a nationwide basis.

Among its other provisions, the Act contained special enforcement provisions targeted at those areas of the country where Congress believed the potential for discrimination to be the greatest. Under Section 5, jurisdictions covered by these special provisions could not implement any change affecting voting until the Attorney General or the United States District Court for the District of Columbia determined that the change did not have a discriminatory purpose and would not have a discriminatory effect. In addition, the Attorney General could designate a county covered by these special provisions for the appointment of a federal examiner to review the qualifications of persons who wanted to register to vote. Further, in those counties where a federal examiner was serving, the Attorney General could request that federal observers monitor activities within the county's polling place."

[Editor's Note: The Voting Rights Act was renewed in 1970 for five years, 1975 for seven years, 1982 for 25 years, and in 2006 for an additional 25 years.]
1965 U.S. Department of Justice

1966 The California Supreme Court rules in Otsuka v. Hite that the phrase "infamous crimes" in the state constitution should only disenfranchise those "deemed to constitute a threat to the integrity of the elective process."
1966 Otsuka v. Hite  (PDF 79KB)
1967 The New York Supreme Court rules in Green v. Board of Elections that there is nothing unreasonable or unconstitutional about criminal disenfranchisement statutes, and "a man who breaks the laws he has authorized his agent to make for his own governance could fairly have been thought to have abandoned the right to participate in further administering the compact... It can scarcely be deemed unreasonable for a state to decide that perpetrators of serious crimes shall not take part in electing the legislators who make the laws..."
1967 Green v. Board of Elections
1972 The Ninth Circuit Court of Appeals ruled in Dillenburg v. Kramer that "courts have been hard pressed to define state interest served by laws disenfranchising persons convicted of crimes.... Search for modern reasons to sustain the old governmental disenfranchisement prerogative has usually ended with a general pronouncement that a state has an interest in preventing persons who have been convicted of serious crimes from participation in the electoral process or a quasi-metaphysical invocation that the interest is preservation of the 'purity of the ballot box.'...

Earlier in our constitutional history, laws disenfranchising persons convicted of crime may have been immune from attack. But the constitutional concepts of equal protection are not immutably frozen like insects trapped in Devonian amber."
1972 Dillenburg v. Kramer

1974 The U.S. Supreme Court rules in Richardson v. Ramirez that "California, in disenfranchising convicted felons who have completed their sentences and paroles, does not violate the Equal Protection Clause....

Although the Court has never given plenary consideration to the precise question of whether a State may constitutionally exclude some or all convicted felons from the franchise, we have indicated approval of such exclusions on a number of occasions.... recently we have strongly suggested in dicta that exclusion of convicted felons from the franchise violates no constitutional provision....

But it is not for us to choose one set of values over the other. If respondents are correct, and the view which they advocate is indeed the more enlightened one, presumably the people of the State of California will ultimately come around to the view. And if they do not do so, their failure is some evidence, at least, of the fact that there are two sides to the argument."
1974 Richardson v. Ramirez  (PDF 164KB)

1974 California amends its constitution to disenfranchise those convicted of crimes "while... imprisoned or on parole for the conviction of a felony."
Nov. 5, 1974 California State Constitution
1980 The U.S. Supreme Court rules in City of Mobile, Alabama v. Bolden that only actions undertaken with "racially discriminatory motivation" were unconstitutional or illegal under the Voting Rights Act.
1980 Mobile v. Bolden
1985 The U.S. Supreme Court rules in Hunter v. Underwood that states have the right to disenfranchise criminals but "not with a racially discriminatory intent."
1985 Hunter v. Underwood  (PDF 29KB)
2001 "In 2001... Connecticut changed its law to allow probationers to vote, New Mexico restored voting rights for all ex-felons upon completion of their sentences, and Nevada eliminated its five-year waiting period for ex-felons to apply for voting rights."
2006 Jeff Manza and Christopher Uggen   Locked Out: Felon Disenfranchisement and American Democracy
2002 "In 2002, Maryland automatically restored voting rights for first-time ex-felons (and for non-violent recidivists after a three-year waiting period)...

Especially striking for our purposes is the February 2002 U.S. Senate vote on an amendment to the federal voting reform legislation that proposed to restore voting rights to ex-felons in federal elections. Senators from the 11 former confederate states voted 18 to 4 against enfranchisement (the measure went down by a 63-31 floor vote), and the most passionate speeches against it were made by southerners..."
2006 Jeff Manza and Christopher Uggen   Locked Out: Felon Disenfranchisement and American Democracy

2005
June 17
"Gov. Tom Vilsack of Iowa announced yesterday [6/17/05] that he would restore voting rights for all felons who have completed their sentences, ending what advocates for voting rights had called one of the most restrictive disenfranchisement laws in the country."
6/18/05 New York Times
2006
July 7
"On July 7, the Eastern District Court of Washington dismissed the Farrakhan v. Gregoire case, in which the plaintiffs charged that Washington’s felon disenfranchisement laws and restoration policies disproportionately result in the denial of voting rights for racial minorities and therefore violate Section 2 of the 1965 Voting Rights Act.

In its Decision, the Court concluded that it is 'compelled to find that there is discrimination in Washington’s criminal justice system on account of race' and that this discrimination 'clearly hinders the ability of racial minorities to participate effectively in the political process.' Despite these conclusions, however, the Court dismissed the case citing a 'remarkable absence of any history of official discrimination' in Washington’s electoral process and felon disenfranchisement provisions."
6/18/05 The Sentencing Project

2007
April 5
The Florida Rules of Executive Clemency were amended by Gov. Charlie Crist (R) and the Florida Board of Executive Clemency on April 5, 2007. The new rules now permit disenfranchised felons to have their ability to vote automatically restored once they have completed their full sentences, including "imprisonment, parole, probation, community control, control release, and conditional release [and] has paid all restitution." Additional requirements are also mandated. Previous rules required at least five "crime-free" years before such restoration.
4/05/07  Florida Rules of Executive Clemency  (PDF 76KB)  and  Florida Clemency Application (PDF 64KB) 
2007
April 26
Maryland House Bill 273 was signed into law by Gov. Martin O’Malley. The law extends the right to vote in certain outlined cases to former felons who have finished their prison sentence, and it modifies other conditions as well. The law, HB 273, the "Voting Rights Restoration - Ex-Offenders" act, takes effect July 1, 2007."
4/26/07 H.B. 273, the "Voting Rights Restoration - Ex-Offenders" Act  (PDF 46KB)

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