Civil Life: Formerly Incarcerated Eligible to Cast Ballots in November 8 Election
“[T]he right to vote remains the most powerful symbol of stake-holding in our democracy.” — Christopher Uggen & Jeff Manza, Voting and Subsequent Crime and Arrest: Evidence from a Community Sample
The Washington State Legislature amended the voting laws in 2021 to restore voter eligibility to persons convicted of a felony who are no longer under total confinement by the Department of Corrections. This means an additional 20,000 Washington State residents are now automatically eligible to register to vote. Here we discuss the history of voter disenfranchisement and nationwide efforts to return this civil right to those previously incarcerated for felony violations. We also include instructions for registering to vote in the upcoming election on November 8 and a list of resources on felon voting rights, disenfranchisement, and reentry.
Voter Re-enfranchisement
Civil death is a form of punishment dating back to Ancient Rome that restricts the civil rights of those convicted of a crime, including the right to vote and the right to serve on a jury. The punishment was adopted in colonial America for egregious crimes, such as treason. It was expanded to include most felonies after the American Revolution. This “civil death” resulted in the loss of voting rights for those institutionalized in prisons as well as asylums, poorhouses, and old age homes.
In his article Mass Institutionalization and Civil Death, Author Rabia Belt states, “The techniques of managing marginal white people within benevolent and carceral institutions provided the scaffolding to disenfranchise Black and brown people in prisons later.” Disenfranchised populations grew during both Reconstruction and the Jim Crow era, with criminal laws designed to have significant impact on former slaves and their descendants. According to the Sentencing Project’s Primer on voting rights and mass incarceration, felony disenfranchisement disproportionately impacts people of color and is a structural barrier to racial justice. They report that one in 16 Black adults could not vote in 2020 due to felony convictions.
“As of 2020, 5.2 million Americans were prohibited from voting due to laws that disenfranchise citizens convicted of felony offenses. Felony disenfranchisement rates vary by state, as states institute a wide range of disenfranchisement policies.” — The Sentencing Project’s Voting Rights in the Era of Mass Incarceration: A Primer
In their 2004 law review article Voting and Subsequent Crime and Arrest: Evidence from a Community Sample (36 Colum. Hum. Rts. L. Rev. 193), authors Christopher Uggen and Jeff Manza found a higher rate of recidivism among non-voters compared to former arrestees who voted. Their research provisionally supports the impact of voting on civic reintegration. Since 1997 half of the states have enacted reforms to disenfranchisement laws, including restoring the right to vote. This inclusion in “civil life” gives formerly incarcerated individuals a stake in democracy.
Marco Verch / CC BY 2.0
For more background on collateral consequences across the fifty states visit the Restoration of Rights Project for a summary of laws related to voting, holding public office, and jury service.
Washington Law
On April 7, 2021 the Governor signed HB 1078, restoring voter eligibility to persons convicted of a felony who are no longer under total confinement by the Department of Corrections, taking effect on January 1, 2022. The law amended the earlier two-step restoration of voting rights established in 2009, found in RCW 29A.08.520, and removed provisions related to non-payment of legal financial obligations. This change is expected to restore voting rights to more than 20,000 people in Washington according to the Brennan Center. It also amended the voter registration “oath of applicant” found in RCW 29A.08.230.
Vote in the November 8 Election
Voter registration is required in order to vote in the upcoming election. Even those who were registered prior to confinement must re-register. The deadline to register by mail or online is October 31, but in-person registration is open through election day. A permanent address is not required in order to vote and court debt does not affect eligibility. A certificate of discharge is no longer required.
Find more information in the Guide to Voting After a Felony conviction in Washington State provided by the Washington ACLU or call them at 206–624–2180 for help.
Ballots will be mailed to all voters and can be returned by mail (no postage required) or dropped off at a local ballot box, elections office, or voting center. Look for drop off locations on this map.
Replacement ballots can be obtained by signing in with your name and birthdate at VoteWa. You can also view the Voter’s Guide with information about candidates and issues. This site allows you to change your address, check your registration status, and check the status of your returned ballot.
Learn more about the current election at the Secretary of State’s website.
Resources
Self-Help Links
Felony Convictions and Voting Rights — Secretary of State (see also: brochure)
Washington Department of Corrections — Voting Rights
Washington ACLU — A guide to voting after a felony conviction in Washington State
Washington ACLU — Can I Vote? Flowchart
Re-entry Organizations List — Washington Defender Association
Washington Statewide Reentry Council
Native American Reentry Services
Reentry Resources for Currently and Formerly Incarcerated Individuals with Disabilities in King County — Disability Rights Washington
Resources for the Formerly Incarcerated — Seattle Public Library
National Reentry Resource Center
Media
Voting Rights Restoration Bill Signed into Law! FAQ and Video
How to register to vote in Washington state
News
WA recently expanded voting access for formerly incarcerated people. But barriers remain
Restoring voting rights is an important step in rehabilitation process
Voting Rights Restoration Efforts in Washington
Jail inmates can vote in Washington — but they may not know it
Many in Jail Can Vote, but Exercising That Right Isn’t Easy
Reports
NCSL Felon Voting Rights (Includes table of recent state actions)
Voting Rights in the Era of Mass Incarceration: A Primer — The Sentencing Project
Locked Out 2022: Estimates of People Denied Voting Rights Due to a Felony Conviction — The Sentencing Project
Guide to State Voting Rules That Apply After a Criminal Conviction — US Department of Justice
Voting in Jails — The Sentencing Project
Racism & Felony Disenfranchisement: An Intertwined History — Brennan Center (2017)
American History, Race, and Prison — Vera Institute
Scholarly Articles
Barred for Life: How State Felony Disenfranchisement Laws Ban the Elderly Ex-Cons from the Voting Booth, 30 Elder L.J. 169 (2022)
Stateless Citizens: The Impact of Criminal Record’s Collateral Consequences on Voting and Employment, 46 S. Ill. U. L.J. 567 (2022)
Felon Re-Enfranchisement and the Problem of “Lost” Rights, 131 Yale L.J. Forum 689 (2022)
Mass Incarceration & The Minority Vote: The Case For A Federal Ban On Felon Disenfranchisement, 36 Notre Dame J.L. Ethics & Pub. Pol’y 731 (2022)
Done the Time, Still Being Punished for the Crime: The Irrationality of Collateral Consequences in Occupational Licensing and Fourteenth Amendment Challenges, 18 Duke J. Const. L. & Pub. Pol’y Sidebar 21 (2022)
Fines, Fees & Felon Disenfranchisement: An Unjust Punishment Barring a Fundamental Right, 110 Ky. L.J. 381 (2022) (please contact librarians for access)
Criminal Disenfranchisement in State Constitutions: A Marker of Exclusion, Punitiveness, and Fragile Citizenship, 26 Lewis & Clark L. Rev. 531 (2022)
Felon Disenfranchisement: What Federal Courts Got Wrong and How State Courts Can Address It, 48 Mitchell Hamline L. Rev. i (2022)
A Modern Poll Tax: Using the Twenty-Fourth Amendment to Challenge Legal Financial Obligations as a Condition to Re-enfranchisement, 110 Calif. L. Rev. 1417 (2022)
Assessing Felony Reenfranchisement Through the Lens of Obergefell, 59 Hous. L. Rev. 743 (2022)
The Future of Felon Disenfranchisement Reform: Evidence from the Campaign to Restore Voting Rights in Florida, 109 Calif. L. Rev. 1143 (2021) (Appendix)
The Right to Vote: Felony Disenfranchisement and Making Restoration a Reality, 27 Pub. Int. L. Rep. 42 (2021) (please contact librarians for access)
Mass Institutionalization and Civil Death, 96 N.Y.U. L. Rev. 857 (2021)
From “Civil Death” to Universal Suffrage: The Case for Restoring a Prisoner’s Right to Vote, 59 Am. Crim. L. Rev. Online 37 (2021)
“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, 18 Seattle J. for Soc. Just. 75 (2020)
Disenfranchisement of People with Felony Records and the Racial Discrimination Behind It, 26 Pub. Int. L. Rep. 111 (2020)
How Congress Can Craft a Felon Enfranchisement Law that Will Survive Supreme Court Review, 29 B.U. Pub. Int. L.J. 1 (2019) (please contact librarians for access)
The New Civil Death: Rethinking Punishment in the Era of Mass Conviction, 160 U. Pa. L. Rev 1789 (2012) (WB)
