Can a Convicted Felon Who Lost Their Right to Vote in the Conviction State Still Register to Vote in Another State?

What Does It Mean? A Glossary of Legal Terms for the Trump Era
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Can someone who is convicted of a felony in a state in which they lose their right to vote once released (such as Missouri) legally move to and register to vote in a state which does not disenfranchise felons (such as Vermont)? I attempt to answer this here as, shockingly, there seems to be no other place online which does answer this seemingly straightforward question.

When someone has served their time it’s not uncommon for them to want to make a fresh start in a new place, which may include moving to a new state. And it may not occur to many, excited as they are to make that fresh start and establish roots in their new state, that they might be committing a brand new crime by the simple act of registering to vote in their new state. That is a BIG GOTCHA!

So, can someone convicted of a felony, who then moves to a new state, register to vote in that state? The short answer, and likely the reason there doesn’t seem to be any other person/site crazy enough (or, I would say, dedicated enough) to tackle this question is that, as is the wont of lawyers to say, it depends.

What it depends on primarily is the rules and laws of the receiving state – in other words the state to which the person with the felony record is going to move.

Here is how it breaks down. Please note that the following information is based on the most current data from the Federal Department of Justice (DOJ). The below is for general information, and should not by itself be relied on before registering to vote in a new state, particularly as the rules and statutes in any states are subject to change at any time. Therefore the only way to be certain that it is safe to register to vote in a new state after being convicted of a felony in the prior state is to contact the Department of Corrections or other state agency in the new state. Also note that many of these states do not distinguish between “conviction” and “out of state conviction” so, again, contact the relevant agency in the state in which you are looking to register to vote.

You Can Register to Vote in These States – Your Felony Conviction in Another State Doesn’t Matter

Even with a felony conviction from another state, you can legally register to vote in California, Colorado, Connecticut, Hawaii, Indiana, Illinois, Maine, Maryland, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oregon, Ohio, Pennsylvania, Rhode Island, Utah, Vermont, Washington State, Puerto Rico, and Washington D.C..

You Can Register to Vote in These States So Long as You Have Completed All Requirements Related to Your Conviction in the Convicting State

In Alaska, Arkansas, Idaho, Iowa, Kansas, Louisiana, North Carolina, South Carolina, South Dakota, Texas, Virginia, West Virginia, Wisconsin, and Wyoming you may register to vote so long as you have completed any probation, parole, or supervision, and completed payment of any fees and fines related to your conviction.

These States Place Additional Conditions on Whether You Can Register to Vote or Apply to Vote Following a Felony Conviction in Another State

These states place additional restrictions and conditions on your ability to register to vote following a felony conviction in another state. Sometimes they are quite onerous or lengthy. Some states require you to apply to have your voting rights restored instead of just registering to vote.

These states are not in alphabetical order but rather in order of complexity, for the sake of readability of this article.

Missouri: You may not register to vote; you must apply to the state for a pardon in order to have your voting rights restored.

Arizona: You must apply to the Arizona Superior Court in the county where you live to have your voting rights restored.

Florida: You may register to vote so long as you are eligible to vote in the state in which the conviction happened.

Nebraska: You may register to vote if at least two years has passed since you completed your sentence, including any parole or probation.

Massachusetts: You may register to vote UNLESS you were convicted of corrupt practices in respect to elections, and a court temporarily or permanently revoked your voting rights following that conviction.

Oklahoma: You may register to vote so long as all probation or parole has ended UNLESS you were released early from confinement, in which case you cannot vote until your original release date or the originally intended end of your sentence.

Delaware: You may register to vote so long as you are not currently on parole
or probation, early release, work release, supervised custody, or any other form of community supervision, UNLESS you been convicted of one of the following felonies: murder or manslaughter, not including vehicular manslaughter; or a felony constituting an offense against public administration involving bribery or improper influence or abuse of office; or a felony constituting a sexual offense, in which case you are not eligible to register to vote.

Georgia: You may register to vote if you pleaded nolo contendre, or you were sentenced under the Georgia First Offender Act or Conditional Discharge Statute (and your sentence under the act/statute has not been revoked), or you have completed all of the terms of your sentence, including any probation, parole, and payment of fines.

Kentucky: You must apply to the state to have your voting rights restored, and may do so long as you have completed any probation, parole, or supervision, and completed payment of any fees and fines AND there are no charges, outstanding warrants, or indictments pending against you.

Alabama: If your conviction would constitute conviction of one of the following offenses if you had been convicted for the same crime in Alabama then you may not register to vote, you must apply for a pardon: murder, rape, sodomy, sexual abuse, sexual torture, enticing a child to enter a vehicle for immoral purposes, soliciting a child by computer, production of obscene matter, parents or guardians permitting children to engage in obscene matter, possession of obscene matter, or possession with intent to distribute child pornography.

However, if your conviction would constitute conviction of one of the following offenses if you had been convicted for the same crime in Alabama AND you have completed your sentence, including incarceration, probation, parole, fines, fees, and restitution AND you have no pending felony charges, you may submit a Certificate of Eligibility to the state of Alabama to have your voting rights restored: manslaughter, assault, kidnapping in the 1st or 2nd degree, endangering a water supply; possession manufacture, transport or distribution of a destructive device or biological weapon; selling, furnishing or giving away a destructive device or biological weapon; possession, manufacture, transport or distribution of a detonator, explosive, poison or hoax device; possession or distribution of a hoax device represented as a destructive device or weapon; attempt to commit an explosive or destructive device or biological weapon crime; conspiracy to attempt an explosive or destructive device or biological weapon crime; hindrance or obstruction during detection, disarming or destruction of a destructive device; possession or distribution of a destructive device or weapon intended to cause injury or destruction; trafficking in cannabis, cocaine, amphetamines, methamphetamine, or other illegal drugs; bigamy; torture or willful maltreatment of a child under the age of 18; aggravated child abuse; prohibited acts in the offer, sale, or purchase of securities; burglary; theft of property; theft of lost property; or theft of trademarks or trade secrets, robbery, forgery.

Tennessee: Tennessee has the most complex rules in terms of whether you can register to vote, most of which are dependent on when your conviction was handed down. As these dates relate to specific Tennessee statutes, it’s unclear whether they apply to felony convictions received in another state, so it is best to contact the state of Tennessee and get something in writing if you wish to move to and register to vote in Tennessee.

You may register to vote in Tennessee IF your conviction was before January 15, 1973 AND the judgment from your conviction does not include a statement stating that your conviction is “infamous”.

You may also register IF your conviction was between January 15, 1973 and May 17, 1981.

IF you were convicted of felony voter fraud, treason, first-degree murder, or aggravated rape any time after June 30, 1986, you may NOT register to vote in Tennessee.

If you were convicted of any degree of murder or rape any time after June 30, 1996 you may NOT register to vote in Tennessee.

If you were convicted of a felony involving bribery, felony misconduct involving public officials and employees, or felony interference with government operations, or a felony sexual offense or violent sexual offense where the victim was a minor, after June 30, 2006, you may NOT register to vote in Tennessee.


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Author: Anne P. Mitchell, Esq.

This article is authored by Anne P. Mitchell, Attorney at Law. A graduate of Stanford Law school, Anne is a law and policy attorney, a legislative advisor, a Federal law author, and both professor and dean emeritus. She has served as chair of the Asilomar Microcomputer Workshop, counsel to the (e)Mail Abuse Prevention System (MAPS), and currently serves on the board of directors of IX-West/IX-Denver.

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