Millions of People With Felonies Can Now Vote. Most Don't Know It.

More than 3,000 Iowans voted in the 2020 presidential election thanks to an executive order signed by the Republican governor after a protest campaign by activists to erase Iowa's permanent ban on voting by people with felony records. But that number was just a fraction of those newly eligible to vote, due to limitations in the order and a lackluster effort to inform the public. Iowa has a disproportionately high number of disenfranchised Black citizens who could be helped by a more permanent constitutional fix. That fix has now been stalled by the choice to act by executive order.

More than 170,000 people with felony records in Kentucky won the right to vote in the 2020 election under an order by the governor. Although not as concrete as legislation, the governor's order at least temporarily rescinds the state's permanent voting ban for most people with felony convictions. The order pertains to people with non-violent offenses. Unlike some states' re-enfranchisement policies, Kentucky's does not require payment of outstanding fines or restitution. The policy is seen as a particular benefit to people of color and millennials.

Many people who are currently incarcerated still retain the right to vote, and as the 2020 election approaches advocates in Illinois are making sure that those who are in Chicago’s Cook County Jail have access to ballots. Under a newly implemented law, Cook County Jail was designated as a polling place, which increased access for pretrial detainees and those serving certain misdemeanor convictions, and ultimately resulted in a higher voter turnout for the March primaries.

Less than two years after Florida voters abolished the state’s lifetime ban on voting by anyone with a felony criminal record – a law that disenfranchised more than 10% of the state's voting-age people – an estimated 50,000 affected people had registered to vote and organizers were working to register the balance of the 1.4 million newly eligible voters. Amendment 4, the Voting Rights Restoration for Felons Initiative, won widespread voter approval and initially survived an attempt by legislators to undermine it thanks to a grassroots movement organized by formerly incarcerated people.

A digital tool called Restore Your Vote launched in the summer of 2018 to help ex-convicts understand their voting restoration status after re-integrating into society. The initiative, which has been piloted in Alabama, aims to reduce disenfranchisement in ex-convict communities by targeting unclear language, misinformation, and lack of access to education.

Maine is one of few states where people who are incarcerated maintain the right to vote. However, with no formal state policy on prisoners' voting rights or official guidance for correctional facilities on how to ensure adequate access, in practice many people incarcerated in Maine facilities encounter barriers to voting, from mail delays to inconsistent information from jail officials.

A Superior Court ruling in North Carolina restored voting rights to people with felony convictions who are no longer in prison, giving up to 56,000 residents the opportunity to return to the ballot box. Organizations participating in the "Unlock Our Vote" movement are working to connect with and register disenfranchised voters, and people who have been re-enfranchised say reclaiming their rights has given them new hope that they can help effect change.

As the first jail to serve as a polling place for the people incarcerated there, the Cook County Jail saw the highest number of votes cast in a primary election in decades during the spring primary. On two weekends of early voting for the fall general election, more than 2,000 people cast their ballots, nearly 40% of the jail's population. In jail, in-person voting has several advantages over mail-in voting, which in the past was the only option, as at all other jails. Because most people held there have not been found guilty, they are eligible to vote. Illinois also allows same-day registration.

Chicago's Cook County Jail became the first jail in the nation in March to open a polling place behind bars, resulting in about 1,800 voters casting ballots, a sharp increase in voting by eligible voters in the jail. The polling place, combined with expanded voter-registration efforts, resulted from a new Illinois law requiring all counties to expand voting access. Outside of Chicago that means voting by mail. The Chicago experience provides a window into efforts nationwide to expand voting access to people incarcerated in jails and prisons, or with criminal records.

A longstanding campaign to restore voting rights to people with felony convictions led nine states since the 2016 presidential election to create or expand such rights, benefiting hundreds of thousands of potential voters. As of 2016, an estimated 6.1 million people were unable to vote because of a felony conviction. As that number has dropped, advocates have faced another obstacle: getting newly enfranchised people to register and vote. Nationwide, a number of advocacy and public-interest groups are racing to register the formerly incarcerated as the 2020 election approaches.