Two million voters with felony convictions have the right to vote—but might not know

As get-out-the-vote efforts hit high gear nationwide, a team of sociologists, political scientists and nonprofits in select states are focused on reaching out to some of the more than two million people with felony convictions who may not realize they have the legal right to vote.

UCLA sociology professor Naomi Sugie, along with colleagues from UC Irvine, UC Berkeley School of Law and Stanford University, analyzed the voting obstacles that persist for this population during the Nov. 2022 election and have released their findings in a study published in the October issue of Punishment and Society. This fall, the researchers are continuing to monitor barriers alongside the Project VOICES team, short for Voter Outreach In Communities Experiencing System-Involvement, who are engaged in a massive outreach effort ahead of the upcoming 2024 election.

While a felony conviction can mean the loss of voting rights, contrary to popular belief, in many states, a person will regain the right to vote after incarceration or supervision.

According to The Sentencing Project, laws have changed in 26 states and the District of Columbia since 1997, expanding eligibility for those convicted of felonies. In many states, from red and blue to purple, the upcoming election is the first time some are eligible to vote.

“This is about righting a wrong,” Sugie said. “The system of mass incarceration and current and historical legacies of voter suppression have excluded millions of people. The laws have changed, and people need to know that.”

During the November 2022 election, the research team partnered with multistate organizations on the ground such as the Alliance for Safety and Justice and Time Done to conduct and analyze interviews and focus groups as part of the Project VOICES study. They also implemented large-scale text messaged-based outreach to over 15,000 people before the election—12% of whom replied—to directly learn about the perspectives of those impacted by the criminal legal system, including those who were incarcerated as well as their close family members. This work was done in five states—California, Michigan, Ohio, Pennsylvania and Texas—all of which had different laws and procedures.

This election year, the team of trained scholars, students and volunteers is continuing voter outreach in those states plus Florida and Georgia, expanding their text messaging to reach 30,000 system-impacted people. Messages are sent seven to eight times in the weeks leading up to the election to help inform people of their rights and field questions they have about a process that can be difficult to navigate.

“It’s very confusing on purpose,” said Delia, a 40-year-old Hispanic woman from Texas interviewed for the study. “Every unit I went to, the narrative is, ‘You got a felony now. You’re never going to get a job, and you’re never going to vote.’ And so you believe that.”

Pseudonyms for the individual interviewees were used to preserve anonymity.

The confusion around eligibility is just one barrier to voting. Misinformation and government distrust also feed into this as some fear harsh criminal penalties for simply trying to vote or mistakenly think harsher laws in other states apply to them. Sometimes voting just isn’t top of mind, or they weren’t informed of their voting rights while incarcerated or upon release.

“A lot of our people come home, they don’t know about none of this crap,” said Julian, a 41-year old Chicano man from California interviewed in the study. “They just trying to be off parole, not being harassed based on that. So voting is just another foreign language to them. And there’s nobody educating them.”

To help get these voters to the ballot box, the researchers found that community organizations, like reentry and support networks, legal service providers, religious groups and others that work with impacted communities, prioritized clearing up misconceptions around voter eligibility through direct outreach and focusing on the process by assisting with registration and sending reminders.

The organizations also affirmed the impact that system-impacted people can have in elections and public policy. For instance, another interviewee, Javier, a 51-year-old Black Puerto Rican man, learned the value of his vote from the organization Building Freedom Ohio.

“Whether it’s because we’re returning citizens, whether it’s because we’re African American or Hispanic, they don’t want us to vote because our votes are powerful,” Javier said. “And so, when somebody is trying to take your voice and take your vote, even if you don’t see the importance of it at the time, you need to look at why somebody’s trying to take it, because there is some importance in that.”

The authors emphasized that limiting access to voting also limits access to justice.

“Disenfranchisement is a justice and equity issue,” Sugie said. “It especially takes a toll on communities disproportionately impacted by the criminal legal system, like those that are poor, racial and ethnic minorities. It’s important that our political systems make sure that their voices and concerns are heard, too.”

“Your vote is your voice,” Javier said.