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The Criminalization of Voting
A criminal conviction can lead to permanent loss of voting rights. Currently an estimated 4.6 million Americans are disenfranchised due to a felony conviction. Disenfranchising millions of Americans due to a criminal conviction undercuts the promise of democracy and severely weakens the power of communities, particularly those most harmed by the legal system, to meaningfully shape the political bodies that are supposed to represent them. Learn about the history of felony disenfranchisement, obtain resources, and get involved.
Events Initiatives & Projects
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Additional Resources on the Criminalization of Voting
The History of Felony Disenfranchisement
The concept of felony disenfranchisement can be traced as far back as ancient Greece. Felony disenfranchisement arose in the United States at the end of the Civil War after government officials started to contemplate voting rights for Black men. After the Civil War Southern states embraced the criminal legal system as a means to reimpose racial control over African Americans. This included the passing of “Black Codes” and later Jim Crow laws. The 13th Amendment to the Constitution abolished slavery and involuntary servitude, except as punishment for a crime. It is this loophole in the 13th Amendment that Southern states exploited in passing “Black Codes” and in setting up new economic and labor systems that relied on the arrest and imprisonment of African Americans.
Southern states quickly adopted felony disenfranchisement laws to suppress the Black male vote. Legislators began hastily passing new constitutions, constitutional amendments, and laws that made voting even more difficult for Black voters. In many Southern states, legislators have been accused of tailoring disenfranchisement laws so that they may specifically harm African Americans.
According to The Sentencing Project, an estimated 4.6 million people are still disenfranchised in the United States due to felony convictions. Furthermore, one in 19 African Americans is disenfranchised, a rate 3.5 times that of non-African Americans.
Today, progress is being made regarding expanding voting laws for people with felony convictions in states, such as California, New York, and Washington and even an expansion of rights for people incarcerated in Washington, DC. Since 1997, 26 states and Washington D.C. have passed legislation to expand voter eligibility to formerly incarcerated individuals with a felony conviction.
CRIMINALIZING THE VOTE
Though progress is being made, with such alarming numbers of disenfranchised citizens, it is clear that there is still work to be done. This is especially acute as there is a rise in criminal prosecutions that target people for voting or attempting to vote. The complexities of the restoration of rights process are being weaponized to perpetuate cycles of criminalization, as those with criminal convictions face prosecution for exercising their right to vote, when attempting to navigate confusing and conflicting information about their voting status. Prosecutions are happening in several states across the country including Arizona, Florida, Georgia, Tennessee, Texas, and Wisconsin. States across the country, most recently Virginia and Ohio, are creating “election integrity units” to increase the investigation and prosecution of election-related conduct, despite broad recognition and evidence that voter fraud is too rare to influence national elections.
How to Get Involved
NACDL has been and remains dedicated to organizing, training, and mobilizing the criminal defense bar around the issue of voting rights criminalization, as it is our duty to be prepared to fight back against this criminalization with vigorous advocacy in the courtroom and in state legislatures. That’s why it is essential that we stay informed on this constantly changing legal and policy landscape, so that we have the tools to defend our democracy. Here’s how members of the defense bar can get involved:
- Contribute a resource;
- Join NACDL’s Criminalization of Voting Rights Committee (NACDL membership is required) – If you are interested in learning more and joining the committee, reach out to the committee co-chairs Seth P. Chazin and Ray de la Cabada;
- Sign up for NACDL’s legislative advocacy alerts.
NACDL is Here to Help
Is your client being prosecuted for a good faith mistake about voter eligibility? The NACDL Criminalization of Voting Rights Committee can be a resource. Reach out to the committee co-chairs Seth P. Chazin and Ray de la Cabada.
League of Women Voters of Florida Awards’ NACDL Leaders with David King Defender of Democracy Award
In January 2024, NACDL’s Criminalization of Voting Rights Committee was presented the League of Women Voters of Florida (LWVFL) David King Defender of Democracy Award. The award recognizes extraordinary efforts by individuals in advancing democratic ideals and protecting citizens’ constitutional rights. NACDL Board Members Ray de la Cabada and Seth Chazin were appointed Committee Co-Chairs by Past President Nellie King. They lead NACDL’s efforts to combat the arrest, prosecution, and imprisonment of individuals with past felony convictions for registering to vote, casting ballots, or seeking to register while ineligible to vote. The award recognized the efforts of the Committee in developing training initiatives for lawyers defending these cases, serving as a resource to defense lawyers challenging these arrests, and educating the public.
Events
Join NACDL on Tuesday, April 30th at 1:00-2:00pm ET for The Criminalization of Voting: Front-End Community Engagement. This webinar will continue our discussion and training series on the criminalization of voting, highlighting how defenders can best serve their clients, including how to assist individuals in navigating the various issues surrounding their voting rights. This webinar will feature Alison Bloomquist, Vice President of Strategic Alliances & Innovation, National Legal Aid & Defender Association; Daryl McGraw, Founder, Formerly, Inc.; and Ieshaah Murphy, Assistant Professor of Law and Director of the Criminal Defense and Racial Justice Clinic, University of the District of Columbia School of Law.
Join NACDL on Tuesday, May 7th at 1:00-2:00pm ET for The Criminalization of Voting: Texas Voter Prosecutions Defense Training. This webinar will continue our discussion and training series on the criminalization of voting, highlighting voter prosecution issues in Texas and equipping defense attorneys interested in assisting individuals facing these charges with the necessary information, resources, and tools needed to provide an effective defense. This webinar will feature Thomas Buser-Clancy, Senior Staff Attorney at the ACLU of Texas; and Nicole DeBorde Hochglaube, experienced criminal defense attorney and trial lawyer and member of NACDL’s Board of Directors.