Voting rights in America are mostly defined by state constitutions, not our federal Constitution. A look at all 50 state constitutions finds considerable variation from state to state as to which voting rights are actually protected by explicit constitutional language. All state constitutions include some language which specifies which individuals can and cannot vote. For example, 49 states say you must be a citizen to vote and 46 states require citizens to be registered before voting. On the other hand, only 20 states constitutionally guarantee that their residents in US military service retain a right to vote in their state when deployed elsewhere. The other 30 states may well have statues that grant this privilege to solders, but the right isn’t locked into their state constitutions. Below is a table which shows how common various voter qualification and disqualifications are in the state constitutions. The article is just another example of how confused we American’s are when it comes to our voting rights.
Number of States WithThis Right
|
Percent of US Population With ThisRight
|
QUALIFICATIONS and EXCEPTIONS
|
49
|
99.6%
|
Must be A US Citizen
|
46
|
91.2%
|
Must be Registered to vote
|
20
|
27.6%
|
State’s Deployed Solders Can Vote
|
37
|
83.9%
|
Felony Exception
|
12
|
15.5%
|
Treason Exception
|
13
|
30.9%
|
Incarceration Exception
|
33
|
69.5%
|
Mental Capacity Exception
|
2
|
0.5%
|
Moral Conduct or other Exception
|
23
|
34.0%
|
Restoration from Exception
|
10
|
17.6%
|
No quartered solders
|
2
|
1.8%
|
Right to Appeal Voter Ineligibility
|
Felons’ voting rights restored
http://www.journalgazette.net/article/20120406/EDIT05/304069992/1021/edit
Gilbert Holmes
Recently, I took it upon myself to conduct an unscientific poll.
I’ve asked colleagues, political activists and friends whether a Hoosier convicted of a felony can vote.
Most said no, and others were uncertain.
That tells me that it’s likely that the majority of Hoosiers are under the impression that if you’ve committed a felony, when it comes to voting it’s one strike and you’re out.
That mistaken impression has led to thousands of disenfranchised voters in Indiana who think that because they’ve been incarcerated, they can no longer take advantage of the voting rights guaranteed them by the Bill of Rights and the U.S. Constitution.
This de facto voter disenfranchisement ripples across generations and communities, creating entire classes of people who don’t exercise their right to vote.
Indiana law restores a person’s right to vote after he or she is no longer incarcerated.
One reason it’s so common to think that former felons are permanently barred from voting is that 35 states have stricter voting restrictions than Indiana for felons, and in 13 of those states, a felon can permanently lose the right to vote.
But in Indiana, the loss of suffrage applies only during the actual time of incarceration.
Why should you care? People who vote are more likely to volunteer, give to charities and attend school board meetings.
Former felons who vote are less likely to be rearrested, because voting helps people connect and become part of something positive.
The disproportionate number of blacks affected by voter disenfranchisement, more than 1.5 million across the nation, is an even more stunning number when you consider that one in every 15 black men age 18 and older is incarcerated, and the zero-tolerance policies in our schools have created a pipeline straight to prison for many black teenage dropouts in our communities.
When such a large portion of the community is locked in the criminal justice system, you can be sure their interests are not represented either at the polls or in the halls of power.
If you’re a felon, and you’re no longer incarcerated, you have the right to vote.
If you’re on probation, or on parole, you have the right to vote. If you’re placed in a community corrections program, or subject to home detention, under Indiana
law, you still have the right to vote. Voting is a constitutional right, and it’s one all Hoosiers should be proud to exercise.