Felony Disenfranchisement Voting Rights
What Happens to A Convicted Felon’s
Voting Rights in Alabama
Felony disenfranchisement in the United States refers to laws that restrict or remove voting rights for people with felony convictions. The laws vary significantly by state. While nearly every state restricts voting for incarcerated individuals, some states permanently disenfranchise people from ever voting. Some states restore rights upon release from prison or completion of parole.
The practice has a complex history. The roots go back to post-Civil War efforts to control Black populations, and disproportionately affect communities of color. As of 2024, an estimated 4 million Americans are disenfranchised due to felony convictions. This number has declined in recent years due to state-level reforms and reductions in incarceration.
Even though voting rights are determined by state law, there are fifteen states that restrict voting for people while they are in prison. They are Alabama, Arkansas, Delaware, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Missouri, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, and Wyoming. Alaska, Arizona, Georgia, Idaho, Kansas, Louisiana, Missouri, North Carolina, Oklahoma, South Carolina, South Dakota, Texas, West Virginia, and Wisconsin disenfranchise felons not only while incarcerated but also through their entire period of parole and/or probation. The District of Columbia, Maine, and Vermont do not disenfranchise felons while they are in prison, and their voting rights are not lost for the duration of their incarceration.
No U.S. state permanently disenfranchises all felons. Instead, permanent disenfranchisement depends on the crime and the state’s specific restoration process. Some states, like Iowa, with a murder conviction, and Kentucky, still require a pardon from the governor to restore rights for certain serious offenses after completing a sentence. Other states, such as Florida and Virginia, allow for the restoration of rights for most felonies through clemency or other processes. Maine and Vermont are the only states that permit persons in prison to vote.
Alabama laws generally deny the vote to those convicted of crimes of moral turpitude, which refer to conduct that is so vile or depraved in violating the fundamental moral principles and duties owed to society. There is no single legal definition for moral turpitude. It generally involves acts of dishonesty, fraud, or violence with an evil intent or recklessness. Crimes of mortal turpitude are particularly significant in the United States immigration law, as that will lead to deportation, inadmissibility, and ineligibility for American citizenship for non-citizens.
In Alabama, only a handful of crimes can permanently cost a person their vote. Some require pardons from the Alabama Board of Pardons and Paroles. Others require a Certificate of Eligibility to Register to Vote (CERV) once they have completed their sentence, which includes payment of any fines, fees, and restitution. In 2003, Governor Riley signed into law a bill that permits most felons to apply for a CERV to register to vote after completing their sentence. This does not automatically grant them the right to vote. If one is convicted of treason, impeachment, or if one has received the death penalty, their voting rights are permanently revoked.
Seven of the ten counties in Alabama with the highest rates of disenfranchised voters are within the Black Belt of Monroe County. Black women are disenfranchised at a rate of 5.6 citizens per 1,000 Black women who are at least 18 years old. For white women in that county, the rate is 2.4, less than half. The study also found that Blacks have a more difficult time regaining their right to vote after they are removed from the voter rolls after being convicted of a crime.
Are you sitting there thinking what I was thinking while writing this article……why does Donald Trump still have his voting privileges? He was convicted in the State of New York that says unless he is incarcerated for his felonies in New York at the time of election or convicted of a felony in another jurisdiction that takes away his right to vote in that jurisdiction. Trump is a Florida resident, and Florida law says that a person convicted in another state can vote in Florida if they are allowed to vote in that other state. Since he was convicted in a New York state court, his eligibility to vote in Florida is governed by New York’s law, which allows everyone who’s not currently serving a sentence in prison to vote. According to Florida law, a felony conviction in another state makes a person ineligible to vote in Florida only if the conviction would make the person ineligible to vote in the state where the person was convicted. New York law determines his eligibility to vote in Florida. Trump will be able to vote as long as he is not incarcerated for his New York felonies. Under Florida law, people convicted of a felony other than murder or a felony sexual offense in a Florida state or Federal court are disenfranchised during any term of incarceration, probation, parole, or other forms of community supervision and until they have paid off any fines, fees, court costs, and restitution ordered by the court at the time of sentencing. If Trump had been convicted in Florida, he would have been barred from voting unless he had completed all the terms of his sentence.
Trump faced two active prosecutions related to his role in the attempt to overturn the 2020 election. One in the Federal court in Washington and the other in the Georgia state court. His prosecution in Florida Federal court for his alleged mishandling of classified documents was dismissed by Judge Aileen Cannon on July 15. If Trump were found guilty of another felony in the DC Federal court case, his voting eligibility would be unaffected because people convicted of a felony in DC do not lose the right to vote.
A Georgia state felony conviction, by contrast, would likely disenfranchise Trump unless he was pardoned by the state’s governor or had his voting rights restored by Florida’s clemency board. Georgia law establishes that people convicted of a felony cannot vote during any period of incarceration, probation, or parole and unless they’ve fully paid any fines for that felony. A Federal conviction in Florida would likely disenfranchise Trump as well unless he was pardoned by the president or had his voting rights restored by the state’s clemency board. People who are convicted of a felony other than murder or a felony sex offense in Florida are barred from voting during any period of incarceration, probation, or community control, and unless they’ve fully paid any fines, fees, court costs, and restitution ordered by the court at the time of sentencing.
If you are a convicted felon in Alabama or know someone who is and wants to restore their right to vote, first determine that your conviction did not constitute moral turpitude. The Felony Voter Disqualification Act in Alabama defines the list of crimes that define moral turpitude. If your felony is not on this list, your voting rights were not lost. You can register or re-register to vote at any time. If your felony is on the list, you will need to apply to the Alabama Board of Pardons and Paroles to restore your rights. You can find the list of disqualifying felonies, as well as resources to help determine your status, from organizations like the ACLU of Alabama and the Campaign Legal Center.
You may apply for a Certificate of Eligibility to Register to Vote (CERV). If your conviction was a “crime of moral turpitude,” you can apply for a CERV by meeting specific conditions that include no pending criminal charges, and you have completed your full sentence, including probation and parole, paid all fines, fees, and restitution that were ordered at the time of your sentencing.
You can apply for a CERV by contacting the Board of Pardons and Paroles to begin the application process. You can apply online, visit a local office, or call the main office at (334) 353-7771 or (334) 353-8067. Submit your application. The Board will conduct an investigation, and then you will wait for their response. Once you receive your CERV, you must complete a new voter registration application to be placed back on the active voter roll. You can register online at alabamavotes.gov, by mail, or at your local Board of Registrars office. The voter registration deadline is 15 days before an election.
Lynda Kirkpatrick