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Voting Rights for Formerly Incarcerated People

The United States has one of the highest rates of incarceration in the industrialized world. Each state has laws that delineate who is eligible to vote, and almost all states restrict voting for those who are currently incarcerated for a felony offense—although a few states allow citizens to vote while incarcerated. States’ policies diverge significantly on the question of when and how formerly incarcerated people can have their voting rights restored. In some states, certain felony convictions result in losing voting rights for life. Other states require steps such as full payment of fines and fees related to criminal convictions but often rely on systems that are very difficult to navigate and prevent indigent individuals from regaining their voting rights.

Related Resources

Map

Democracy Map: Voting Rights for Formerly Incarcerated People

This map details how states differ on when and how formerly incarcerated people can have their voting rights restored.

Brief

Democracy Wrapped: Five Key Takeaways from Voting and Election Policy in 2023

December 2023 - This play-by-play of 2023’s major democracy trends details five key policy areas. We also look to the year ahead and forecast new developments that will further shape our democracy in 2024 — for better or worse.

Brief

State of Democracy: 2023 Mid-Year Legislative Wrap Up

July 2023 - This brief takes a look back at which states saw the most change in early 2023 in our Democracy Tally, both positive and negative, as well as examining policy trends in voting and elections.

Analysis

State of Democracy 2022: Year in Review

December 2022 - In this post, MAP looks back at which states have seen the most change in 2022 in our Democracy Tally, for better or for worse, and policy trends in voting and elections.

BLOG POST

Litigating the Right to Vote: Seven Important Court Cases to Watch in 2022

June 2022 - These seven court cases could have a profound impact in shaping voting and elections in America.

Report

The 10 policy trends transforming voting & Elections in america

April 2022 - This report examines a number of legislative proposals across the United States that seek to make policy changes in three main areas: registration & eligibility, casting a vote, and vote counting & certification.

Report

How the Freedom to Vote Act Would Improve Democracy in the States

January 2022 - This brief outlines some of the emerging threats to the independence and integrity of our democracy and shows the startling difference in access to voting and democracy by state.

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Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

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