Disfranchisement

Disfranchisement, also disenfranchisement (which has become more common since 1982) ^[1] or voter disqualification, is the restriction of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing someone from 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. High barriers to entry to the political competition can disenfranchise political movements. ^[2]

Based on gender

Main article: Women's suffrage

Women used to be disfranchised. Feminism has successfully managed to claim voting rights in most countries, though material or social disfranchement continues widely. ^[3]

Based on age

Main article: Voting age

Most countries or regions set a minimum voting age, and disenfranchise all citizens younger than this age. ^[4] 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. ^[5]

Canada

Residency requirements for Canadian citizens were ruled unconstitutional by the Supreme Court of Canada in 2019. All Canadian citizens can vote in Canadian elections. ^[6]

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. ^[7] 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, Soledad Alvear, Hernán Larraían Fernández and Patricio Walker Prieto. ^[7] The law also allowed Chileans residing abroad to vote in the 2020 national plebiscite. ^[8] Of nearly 60,000 registered overseas voters, 30,912 Chileans from 65 countries participated in the referendum. ^[8]

Denmark

Citizens of Denmark are in general not allowed to vote in Danish elections if they reside outside the country for more than two years. ^[9] Danish citizens that reside permanently outside Denmark lose their right to vote. ^[10]

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, [have] not acquired citizenship of any other country and are otherwise eligible to be registered as a voter in the address mentioned in your passport." ^[11]

Norway

The Norwegian constitution of 1814, paragraph 53, stated that anyone being in service of another power, buying or selling votes, or being convicted to forced labor would be disfranchised. ^[12] Paragraph 53 was repealed by the parliament (Storting) in June 2022. ^[13] Citizens residing outside Norway for more than 10 years may not vote unless they make an application. ^[14]

Svalbard

The 2023 election for the Longyearbyen Community Council was held under new rules imposed by the Norwegian government, wherein voters had to have Norwegian citizenship or have lived in mainland Norway for 3 years. These rules disenfranchised an estimated one-third of the voter roll compared to the previous election in 2019, including almost the entire community of non-Norwegians living in the town. ^[15] The previous rules allowed anyone who had resided on Svalbard itself for 3 years to vote.

United Kingdom

Main article: Right of expatriates to vote in their country of origin § United Kingdom

British citizens are allowed to vote at home with no time limit. Until 2024, they were not allowed to vote in UK General Elections or referendums if they reside outside the country for more than 15 years. ^[16]

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. ^{[17] [18]} 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. ^[19]

The Conservative Party pledged to abolish what the called the "arbitrary 15-year limit" in their manifesto for the 2019 general election, in which they were subsequently elected. ^[20] The change was implemented in 2024. ^[16]

United States

Main article: Disfranchisement after the Reconstruction era

Efforts made by Southern United States to prevent black citizens voting began after the end of the Reconstruction Era 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, enacted in 1870 to protect the suffrage of freedmen. ^[21]

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 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. ^[22]

In 1912, the Republican Party was split when Theodore Roosevelt 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 was elected as the first southern president 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 throughout federal government workplaces, as well as racial discrimination in hiring. During World War I, American military forces were segregated, with black soldiers poorly trained and equipped.

Disfranchisement had far-reaching effects in Congress, where the Democratic Solid South enjoyed "about 25 extra seats in Congress for each decade between 1903 and 1953". ^{[nb 1] [23]} 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, as well as leadership of the national Democratic Party. ^[23] During the Great Depression, legislation establishing numerous national social programs were passed without the representation of African Americans, 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, 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. ^[24] Such cases are expected to reach the Supreme Court. ^[25]

Recent

See also: Transgender disenfranchisement in the United States

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. ^[26] Expansion of suffrage was made on the basis of lowering property requirements, granting suffrage to freedmen and restoring suffrage in some states to free people of color following the American Civil War, 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. ^[27]

Washington, D.C.

Main article: District of Columbia voting rights

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 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 (US military allies) or OECD 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.^{[ citation needed ]}

Puerto Rico

Main article: Status of Puerto Rico

U.S. federal law applies to Puerto Rico, 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). ^[28] According to ex-Chief of the Puerto Rico Supreme Court Jose Trias Monge, "no federal law has ever been found to be locally inapplicable to Puerto Rico. ^[29] Puerto Ricans were conscripted into the U.S. armed forces; they have fought in every war since they became U.S. citizens in 1917. ^[30] Puerto Rico residents are subject to most U.S. taxes.

Contrary to common misconception, residents of Puerto Rico pay some U.S. federal taxes ^[31] 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 and representation. ^[32] Both the Puerto Rican Independence Party 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 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. Accessibility 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 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, 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. ^[33]

• 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. ^[33]
• 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's 'Polls Apart' have exposed violations at polling stations. ^[33]

Based on criminal conviction

The exclusion from voting of people otherwise eligible to vote due to conviction of a criminal offense is usually restricted to the more serious class of crimes.^{[ citation needed ]} In some common law jurisdictions, those are felonies, 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.^{[ citation needed ]} Jurisdictions vary as to whether they make such disfranchisement permanent, or restore suffrage after a person has served a sentence, or completed parole or probation. ^[34] Felony disenfranchisement is one among the collateral consequences of criminal conviction and the loss of rights due to conviction for criminal offense. ^[35]

Proponents^{[ who? ]} 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. ^[36] Opponents have argued that such disfranchisement restricts and conflicts with principles of universal suffrage. ^[37] Voter restrictions affect civic and communal participation in general. ^[34] 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," whereby these persons would lose all rights and claim to property. Most medieval common law 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. ^[38]

Asia and Oceania

Australia

At Federation 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'. ^[39]

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. ^[40] A further softening occurred in 1995 when the loss of voting rights was limited to those serving a sentence of five years or longer, ^{[39] [40]} although earlier that year the Keating government had been planning legislation to extend voting rights to all prisoners. ^[41] Disenfranchisement does not continue after release from jail/prison. ^[42]

The Howard government legislated in 2006 to ban all prisoners from voting. In 2007, the High Court of Australia in Roach v Electoral Commissioner found that the Australian constitution enshrined a limited right to vote, ^[43] which meant that citizens serving relatively short prison sentences (generally less than three years) cannot be barred from voting. ^{[44] [45]} 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. ^[46]

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. ^[47]

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 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 is the right to qualifications for being a public official or becoming a candidate for public office (including those by elections, national exams, or direct appointment), But still have the right to vote. ^[48]

China

In China, there is a similar punishment of Deprivation of Political Rights.

Hong Kong

On 8 December 2008, Leung Kwok Hung (Long Hair), member of Hong Kong'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, have ratified the European Convention on Human Rights, and thereby agreed to respect the decisions of the European Court of Human Rights. ^[49] In the case Hirst v United Kingdom (No 2) 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 ^{[ citation needed ]}). The United Kingdom has not respected this Court opinion, although it is a signatory to the convention (see below).

Germany

In Germany, 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, high treason, electoral fraud, intimidation of voters, etc.) and for a duration of two to five years. ^[50] 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 the law calls on prisons to encourage prisoners to vote. Only those convicted of electoral fraud and crimes undermining the "democratic order", such as treason, are barred from voting while in prison. ^[51] 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. ^[52]

Ireland

For elections in the Republic of Ireland, there is no disenfranchisement based on criminal conviction, and prisoners remain on the electoral register at their pre-imprisonment address. ^[53] Prior to 2006, the grounds for postal voting did not include imprisonment, and hence those in prison on election day were in practice unable to vote, although those on temporary release could do so. ^{[54] [55]} In 2000 the High Court ruled that this breached the Constitution, and the government drafted a bill extending postal voting to prisoners on remand or serving sentences of less than six months. ^[56] In 2001, the Supreme Court overturned the High Court ruling and the bill was withdrawn. ^{[56] [57]} Following the 2005 ECHR ruling in the Hirst case, the Electoral (Amendment) Act 2006 was passed to allow postal voting by all prisoners. ^{[53] [54] [58]}

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, the decree Severino added a loss of only the right to stand for an election, against some offenders above a certain threshold of imprisonment: ^[59] 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 ^[60] and incompatibility ^[61] is very high, also at local level. ^[62]

United Kingdom

The United Kingdom 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) , 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 ruled that First Protocol Article 3 requires Member States to proactively support voting by authorized inmates. ^[63] In the UK, as of 2009 this policy is under review ^[64] as in other European countries like Italy. ^[65]

Lord Falconer of Thoroton, former Secretary of State for Constitutional Affairs, stated that the ruling may result in some, but not all, prisoners being able to vote. ^[66] The consultation is to be the subject of Judicial Review proceedings in the High Court.^{[ when? ]} Separate challenges by the General Secretary of the Association of Prisoners, Ben Gunn, by way of petition to the European Union Parliament, and John Hirst to the Committee of Ministers are underway.^{[ when? ]}

In the United Kingdom, prohibitions from voting are codified in section 3 and 3A of the Representation of the People Act 1983. ^[67] Excluded are incarcerated criminals ^[68] (including those sentenced by courts-martial, 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, 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 Act does not apply to elections to the European Parliament. Following Hirst v United Kingdom (No 2) (2005), ^[69] in which the European Court of Human Rights (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, Lord Falconer of Thoroton, stated that the review may result in the UK allowing some prisoners to vote. ^[66] In 2010 the UK was still reviewing the policy, following an "unprecedented warning" from the Council of Europe. ^[70] The UK government position was then that:

It remains the government's view that the right to vote goes to the essence of the offender's relationship with democratic society, and the removal of the right to vote in the case of some convicted prisoners can be a proportionate and proper response following conviction and imprisonment. The issue of voting rights for prisoners is one that the government takes very seriously and that remains under careful consideration. ^[70]

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. ^[71]

In response to the ECHR ruling, Lord Chancellor and Secretary of State for Justice Chris Grayling produced a draft Voting Eligibility (Prisoners) Bill for discussion by a Joint Committee, incorporating two clear options for reform and one which would retain the blanket ban. ^[72]

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. ^[73]

Other European countries

Several other European countries permit disenfranchisement by special court order, including France and the Netherlands. ^[74]

In several other European countries, no disenfranchisements due to criminal convictions exist. European countries that allow inmates to vote (as of 2012) include Albania, Croatia, the Czech Republic, Denmark, Finland, Ireland, Latvia, Lithuania, Montenegro, North Macedonia, Norway, Serbia, Spain, Sweden, Switzerland, and Ukraine. ^[75]

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. ^[76]

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 allows inmates to vote. ^{[77] [78]} Section 3 of the Canadian Charter of Rights and Freedoms grants "every citizen of Canada" the right to vote, without further qualification, a constitutional right upheld as to inmates in Sauvé v Canada (Chief Electoral Officer) [2002].

United States

Main article: Felony disenfranchisement in the 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 and Vermont allow prison inmates as well as probationers and parolees to vote. ^[79]

Twenty states (Alaska, Arkansas, Georgia, Idaho, Iowa, Kansas, Louisiana, Maryland, Minnesota, Missouri, Nebraska, Nevada, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, Washington, West Virginia, and Wisconsin) do not allow persons convicted of a felony to vote while serving a sentence, but automatically restore the franchise to the person upon completion of a sentence. ^[79] In Iowa, in July 2005, Governor Tom Vilsack issued an executive order restoring the right to vote for all persons who have completed supervision, which the Iowa Supreme Court upheld on October 31, 2005. ^[80]

Fifteen states (Hawaii, Illinois, Indiana, Massachusetts, Michigan, Montana, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, and Utah) plus the District of Columbia allow probationers and parolees to vote, but not inmates. ^[79]

Four states (California, Colorado, Connecticut, and South Dakota) allow probationers to vote, but not inmates or parolees. ^[79]

Eight states (Alabama, Arizona, Delaware, Florida, Kentucky, Mississippi, Tennessee, and Wyoming) allow some, but not all, persons with felony convictions to vote after having completed their sentences. ^[79] Some have qualifications of this: for example, Delaware does not restore the franchise until five years after release of a person. ^[81] Similarly, Kentucky requires that the person take action to gain restoration of the franchise. ^[80]

One state (Virginia) permanently disfranchises persons with felony convictions. ^[79] In Virginia, former Governor Terry McAuliffe used his executive power in 2017 to restore voting rights to about 140,000 people with criminal backgrounds in the state. ^[82]

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 government and various state governments about the practice of felony disfranchisement.

Other countries

In some countries, such as China and Portugal, 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) or one related to election or public office.

Peru allows inmates to vote.^{[ citation needed ]}

In South Africa 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. ^[83]

See also

• Ableism
• Disfranchisement after the Reconstruction Era (United States)
• Deprivation of Political Rights (China)
• Felony disenfranchisement in the United States
• Lishenets (disfranchised in the Soviet Union)
• Multiple citizenship
• Non-citizens (Latvia)
• Non-resident citizen voting
• Non-citizen suffrage
• Nuremberg Laws
• Political apathy

Notes

1. Despite the South's excessive representation relative to voting population, the Great Migration resulted in Mississippi losing seats in Congress due to reapportionment following the 1930 and 1950 Censuses, while South Carolina and Alabama also lost Congressional seats after the former census and Arkansas following the latter.

References

1. "Google Books Ngram Viewer". books.google.com. Retrieved 2023-09-24.
2. Tullock, Gordon. "Entry barriers in politics." The American Economic Review 55.1/2 (1965): 458-466.
3. Grant, Melissa Gira (2020-08-10). "Millions of Women Still Don't Have the Right to Vote". The New Republic. Retrieved 2023-10-03.
4. "The World Factbook — Central Intelligence Agency". www.cia.gov. Archived from the original on 2008-01-09. Retrieved 2018-02-05.
5. "Australian Electoral Commission, "Voting Overseas – Frequently Asked Questions", 20 November 2007". Aec.gov.au. 10 January 2011. Retrieved 21 June 2013.
6. BAUDOIN-LAARMAN, Louis (January 17, 2019). "Who can vote? Canadian electoral reform facts vs. fears". AFP Fact Check. Agence France-Presse. Retrieved July 17, 2024. A Supreme Court of Canada judgment rendered on January 11, 2019, further cemented the electoral reform in Canadian law by finding that voting is a constitutional right for all Canadian citizens.
7. Ministerio Secretaría General de la Presidencia (2015-05-03). "LEY 20748 REGULA EL EJERCICIO DEL SUFRAGIO DE LOS CIUDADANOS QUE SE ENCUENTRAN FUERA DEL PAÍS". LeyChile. Retrieved 2022-04-01.
8. "Overseas voting process implemented successfully during Chilean referendum". Gobierno de Chile. 2022-10-14.
9. "Udlandsdanskeres Valgret (økonomi- og indenrigsministeriet)". Archived from the original on 2014-07-23. Retrieved 2014-07-23.
10. "Lov om valg til Folketinget – Valgret og valgbarhed", 10 April 2014" . Retrieved 24 October 2015.
11. "Overseas Electors". Election Commission of India. 2018-04-03. Retrieved 2022-10-14.
12. "Norges Grunnlov av 17. mai" . Retrieved 2023-06-12.
13. "Kunngjøring av Stortingets vedtak 1. juni 2022 om endringer i Grunnloven - Lovdata" . Retrieved 2023-06-12.
14. "Lov om valg til Stortinget, fylkesting og kommunestyrer (Valgloven) - Kapittel 2. Stemmerett og manntall - Lovdata".
15. "Tine er bekymret for lokaldemokratiet: – Ungdommer som har bodd her hele livet får ikke stemt". NRK (in Norwegian Bokmål). 8 October 2023. Retrieved 10 October 2023.
16. Allen, Jordan (2024-02-26). "As more U.K. expats get the vote, Japan's ballot box stays closed". The Japan Times . Retrieved 2024-05-07.
17. "Government delivering on pledge to give back British expats the right to vote – GOV.UK". www.gov.uk. Retrieved 2018-03-07.
18. "Chloe Smith writes about votes for life for British expats – GOV.UK". www.gov.uk. 23 February 2018. Retrieved 2018-03-07.
19. "UK again vows to give Brits in France 'votes for life' but is it all too late?". 2018-02-09. Retrieved 2018-03-07.
20. "The Conservative and Unionist Party Manifesto 2019" (PDF). p. 48. Retrieved 22 August 2023.
21. Michael Perman, Struggle for mastery: Disfranchisement in the South, 1888-1908 (U of North Carolina Press, 2003.
22. Richard M. Valelly, The Two Reconstructions: The Struggle for Black Enfranchisement (U of Chicago Press, 2009), pp. 134-139
23. Valelly; The Two Reconstructions; pp. 146-147
24. "North Carolina Is Ordered to Redraw Its Congressional Map (Published 2018)". The New York Times. 9 January 2018. Archived from the original on 2023-05-25.
25. Is Partisan Gerrymandering Legal? Why the Courts Are Divided.
26. "State Felon Voting Laws - Felon Voting - ProCon.org". Felon Voting. Retrieved 2020-12-29.
27. Rao, Ankita; Kelly, Kim; Dillon, Pat; Bennett, Zak (2019-11-07). "Is America a democracy? If so, why does it deny millions the vote?". The Guardian. ISSN   0261-3077 . Retrieved 2019-11-16.
28. Since 1917 they have been considered American citizens. 39 Stat. 954, 48 USCA 734 "The statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Porto Rico as in the United States...."
29. José Trías Monge, Puerto Rico: The Trials of the Oldest Colony in the World, p. 43
30. Puerto Rico Herald Archived July 19, 2009, at the Wayback Machine
31. Dept of the Interior, Office of Insular Affairs Archived June 10, 2012, at the Wayback Machine
32. Torruella, Juan R. (1985). The Supreme Court and Puerto Rico: The Doctrine of Separate and Unequal.
33. "Archived copy" (PDF). Archived from the original (PDF) on 2010-12-12. Retrieved 2010-05-09. The 'Polls Apart' campaign, run by the UK disability charity Scope
34. Bowers, Melanie M; Preuhs, Robert R (September 2009). "Collateral Consequences of a Collateral Penalty: The Negative Effect of Felon Disenfranchisement Laws on the Political Participation of Nonfelons". Social Science Quarterly. 90 (3): 722–743. doi:10.1111/j.1540-6237.2009.00640.x.
35. Siegel, Jonah A. (January 1, 2011). "Felon Disenfranchisement and the Fight for Universal Suffrage". Social Work. 56 (1): 89–91. doi:10.1093/sw/56.1.89. PMID   21314075.
36. Eli L. Levine, "Does the Social Contract Justify Felony Disenfranchisement?", 1 Wash. U. Jur. Rev. 193 (2009).
37. "LOSING THE VOTE: The Impact of Felony Disenfranchisement Laws in the United States" (PDF). Human Rights Watch and the Sentencing Project. October 1998. Archived from the original (PDF) on 2010-07-10.
38. "pages-schall.blj.doc – Powered by Google Docs" . Retrieved 2010-10-31.^{[ permanent dead link ‍]}
39. Hill, Lisa (November 2009), Prisoner voting rights, Australian Review of Public Affairs, archived from the original on 18 March 2013, retrieved 29 April 2019
40. Davidson, Jerome (24 May 2004), Inside outcasts: prisoners and the right to vote in Australia, Parliament of Australia, archived from the original on 1 March 2014
41. Keating, Paul (10 July 1995). "For Media: Prisoner voting" (Press release). Archived from the original on 24 August 2014.
42. "Prisoners". Australian Electoral Commission. Retrieved 2015-06-23.
43. Pearlman, Jonathan (31 August 2007). "Court gives vote back to some inmates". The Sydney Morning Herald. Fairfax Media. Archived from the original on 24 August 2008.
44. The right to vote is not enjoyed equally by all Australians: 4. Recent changes to the Electoral Laws in Australia, Australian Human Rights Commission, archived from the original on 14 August 2014
45. Vicki Lee Roach v Electoral Commissioner and Commonwealth of Australia, 30 August 2007, High Court of Australia.
46. Parliamentary Electorates and Elections Act 1912 (NSW) s 25(b)
47. Hurley, Sam (9 November 2018). "Supreme Court upholds decision saying ban on prisoner voting inconsistent with Bill of Rights". The New Zealand Herald. New Zealand Media and Entertainment. Archived from the original on 26 April 2019. Retrieved 29 April 2019.
48. Criminal Code of the Republic of China, Article 36.
49. In the neutral field in Strasbourg is still wide open the play on rule of law in electoral matters: Buonomo, Giampiero (2015). "Decreto Severino: c'è un giudice a Strasburgo". Mondoperaio Edizione Online. Archived from the original on 2016-03-24. Retrieved 2019-04-29.
50. (in German) §45 StGB, accessed July 28, 2006
51. "Losing the Vote," p. 17.
52. (in German) https://www.sueddeutsche.de/politik/deutsches-strafrecht-wahlbuerger-hinter-gittern-1.1442183
53. "Prisoners' Rights". Ireland: Citizens Information Board. Retrieved 25 October 2012.
54. "Dáil Eireann - 05/Oct/2006 Electoral (Amendment) Bill 2006: Second Stage". Debates.oireachtas.ie. 2006-10-05. Retrieved 2013-11-08.
55. Quinn, Ben; Conor Sweeney (7 October 2005). "Europe court rules prisoners should be let vote in elections". Irish Independent . Retrieved 25 October 2012.
56. Brady, Tom (15 December 2005). "Go-ahead for prisoners to cast vote at next election". Irish Independent . Retrieved 26 October 2012.
57. Breathnach -v- Ireland & anor; [2001] IESC 59: Judgments of Keane C.J. and Denham J.
58. "Electoral (Amendment) Act 2006". Irishstatutebook.ie. Retrieved 2013-11-08.
59. (in Italian) Severino: c'è un giudice a Strasburgo Mondoperaio, 21 ottobre 2015
60. (in Italian) Giampiero Buonomo, Il condannato? Siede in Parlamento. Storia di un corto circuito normativo Diritto e giustizia, 22 aprile 2006; (in Italian) Giampiero Buonomo, La Consulta striglia la Regione Abruzzo. Giurisdizione domestica nel mirino condannato? Diritto e giustizia, 25 marzo 2006.
61. (in Italian) Giampiero Buonomo, Candidature, norme ormai anacronistiche. L’incompatibilità è uno status da rivedere Diritto e giustizia, 16 aprile 2005.
62. (in Italian) Giampiero Buonomo, Enti locali: le incompatibilità di Sicilia. Comune o Regione, così scatta l’aut aut Diritto e giustizia, 28 gennaio 2006.
63. "Matrix Chambers". matrixlaw.co.uk. Retrieved 2014-02-11.^{[ permanent dead link ‍]}
64. "Voting Rights of Convicted Prisoners Detained within the United Kingdom, Second stage consultation" (PDF). Ministry of Justice. April 8, 2009. Archived from the original (PDF) on February 24, 2010. Retrieved July 6, 2010.
65. (in Italian) Sul diritto elettorale, l’Europa ci guarda, in Diritto pubblico europeo, aprile 2015.
66. "Convicts 'will not all get vote'". BBC News. October 6, 2005. Retrieved December 9, 2005.
67. "Representation of the People Act 1983 (c. 2) – Statute Law Database". www.statutelaw.gov.uk. Retrieved 2010-10-31.
68. although not specifically felons; the distinction between felony and misdemeanor was abolished by the Criminal Law Act 1967
69. 42 EHHR 41
70. Travis, Alan (March 9, 2010). "Prisoners must be allowed to vote, Council of Europe warns Britain". guardian.co.uk. London. Retrieved 2010-10-30.
71. BBC News , 24 October 2012
72. "What States can you vote with a Felony? - Felons". FelonyFriendly. September 2017. Retrieved 2019-02-11.
73. Bowcott, Owen (2017-12-07). "Council of Europe accepts UK compromise on prisoner voting rights". the Guardian. Retrieved 2018-03-05.
74. Kiesraad (22 April 2016). "Uitsluiting kiesrecht". www.kiesraad.nl (in Dutch). Retrieved 2018-11-06.
75. "Prisoner votes by European country". BBC . November 22, 2019. Archived from the original on June 21, 2019.
76. "Election Act 714/1998" (PDF). Finlex. Translations of Finnish acts and decrees. Ministry of Justice, Finland. 1998. pp. 1, 24. Retrieved 25 February 2016.
77. Sauvé v. Canada (Chief Electoral Officer), [2002] 3 SCR 519, 2002 SCC 68.
78. Canada Elections Act, SC 2000, c 9, s 245.
79. American Civil Liberties Union
80. "Felony Disenfranchisement Laws in the United States" (PDF). The Sentencing Project. March 2011. Archived from the original (PDF) on 2012-01-19.
81. "State of Delaware - Department of Elections for New Castle County - Voter Registration". electionsncc.delaware.gov. Archived from the original on 2014-02-11. Retrieved 2014-02-11.
82. "Governor McAuliffe Provides Update on Restoration of Rights Numbers - WVIR NBC29 Charlottesville News, Sports, and Weather". Archived from the original on 2019-04-14. Retrieved 2019-04-14.
83. Plaxton, Michael; Lardy, Heather (March 2010). "Prisoner Disenfranchisement: Four Judicial Approaches". Berkeley Journal of International Law. 28 (1): 101–141. Archived from the original on September 27, 2015. Retrieved December 6, 2019– via Academic Search Complete.

• "Election Readiness: It Is Never Too Late for Transparency", October 2004, from Fair Election International (FEI), a project of Global Exchange, quoted in part in AfricaFocus Bulletin, 26 Oct 2004