Skip to content
Search

Latest Stories

Follow Us:
Top Stories

First Step Act beneficiaries left wondering: Can I vote?

Opinion

First Step Act beneficiaries left wondering: Can I vote?

"Some people just released under the First Step Act are learning that they never lost the right to vote in the first place under state law and could have been voting while incarcerated," writes Bowie.

Mario Tama/Getty Images

Bowie is a staff attorney with t he Campaign Legal Center, a nonprofit government watchdog. She leads the group's RestoreYourVote public education campaign.

Recently 3,100 Americans were released early from federal prisons because of policy changes from the First Step Act, a criminal justice bill enacted with lopsided bipartisan support last fall. Those individuals are returning to their homes across the country and embarking on the challenging path to restoring their place as members of their communities. Studies show that regaining the right to vote is a critical step in the re-entry process, one that can help formerly incarcerated individuals feel like full citizens. Those who were incarcerated understand best the impact that government policies have on our lives and why participating in democracy is so important.

State felony disenfranchisement laws can be extremely confusing. And because they vary so widely, they lead to the persistent misperception that most people with convictions can never vote again. In fact, while at least 23 million Americans have been convicted of felonies, only 5 million to 6 million are actually disenfranchised under law.

Americans returning from federal prison face an even more confusing landscape. On top of the already complicated patchwork of state laws, some states treat federal convictions differently than in-state convictions — both for determining whether a federal conviction means the loss of voting rights and for the steps that an individual will have to take to get rights restored.


Some people just released under the First Step Act are learning that they never lost the right to vote in the first place under state law and could have been voting while incarcerated. For example, in Mississippi, while certain state convictions will strip a person of the right to vote, federal convictions never do. Mississippi citizens returning from federal prison simply have to register to vote to exercise their rights.

Others may or may not have lost the right to vote, but making that determination requires legal analysis. For example, under a 2017 law in Alabama only certain felony convictions take away the right to vote. The list of those convictions refers to sections of the state law but encompasses any federal convictions that exactly mirror those state crimes. Determining whether a federal crime disqualifies a person from voting requires an element-by-element comparison of both laws. Importantly for many Alabamians released under the First Step Act, while state-level drug trafficking is disqualifying, triggered by possession above a certain weight, federal drug trafficking is not because there is no weight threshold in the law.

For those who lost their right to vote, the procedures for restoring that right may be different for individuals with federal convictions. In Arizona, many individuals must petition a court to restore their right to vote after sentence completion — and those convicted in federal court must petition the state court in the district where they reside. In Tennessee, individuals with state convictions after 1981 need a certificate of restoration to vote again. Those convicted in-state have their state probation officer or clerk of county court fill out that form, but an individual convicted in federal court needs a federal officer to complete the form and may face additional hurdles of document production.

For those trying to navigate this system on their own, these procedural differences matter and sources of information may be scarce. Federal officials are unlikely to know how every state law works and state officials are unlikely to know how federal convictions should be treated. That combination means many are needlessly disenfranchised by a lack of information.

Non-profits have often filled the void. The Campaign Legal Center created RestoreYourVote.org to help alleviate this confusion, but it should not be up to nonprofits to educate individuals about whether or not they can vote – it should be up to the states. Moreover, these laws are needlessly complicated and should be simplified. Earlier this month, Nevada went from having one of the most complicated disenfranchisement laws to one of the simplest. Other states should follow suit.

For the Americans recently freed, the First Step Act is just that. They face the many hurdles and barriers our society has needlessly constructed that make it harder for them to reintegrate and thrive. Participation in our elections is so important because it is a marker of citizenship, but also because it is a means to push back against policies that keep a thumb on the scale against their success. The right to vote is too fundamental to be denied purely because of bad information.

Read More

California’s Governor Race Is a Democratic Nightmare, But There’s One Easy Fix
Photo by Tim Mossholder on Unsplash.

California’s Governor Race Is a Democratic Nightmare, But There’s One Easy Fix

A new Emerson College poll of California’s 2026 governor’s race confirms what many election observers have suspected. California is entering a high stakes primary season with no clear front runners, a crowded field, and an election system where the outcome often depends less on voter preference and more on mathematical luck.

Emerson poll

Keep ReadingShow less
Let's End Felony Disenfranchisement. Virginia May Lead the Way

Virginia Governor-elect Abigail Spanberger promises major reforms to the state’s felony disenfranchisement system.

Getty Images, beast01

Let's End Felony Disenfranchisement. Virginia May Lead the Way

When Virginia’s Governor-Elect, Abigail Spanberger, takes office next month, she will have the chance to make good on her promise to do something about her state’s outdated system of felony disenfranchisement. Virginia is one of just three states where only the governor has the power to restore voting rights to felons who have completed their prison terms.

It is the only state that also permanently strips a person’s rights to be a public notary or run for public office for a felony conviction unless the governor restores them.

Keep ReadingShow less
​Marjorie Taylor Greene.

Marjorie Taylor Greene’s resignation highlights the Primary Problem—tiny slivers of voters deciding elections. Here’s why primary reform and open primaries matter.

Getty Images, Anna Moneymaker

Marjorie Taylor Greene Resigns: The Primary Problem Exposes America’s Broken Election System

The Primary Problem strikes again. In announcing her intention to resign from Congress in January, Rep. Marjorie Taylor Greene (R-GA) became the latest politician to quit rather than face a primary challenge from her own party.

It’s ironic that Rep. Greene has become a victim of what we at Unite America call the "Primary Problem," given that we often point to her as an example of the kind of elected official our broken primary system produces. As we wrote about her and Rep. Alexandria Ocasio-Cortez, “only a tiny sliver of voters cast meaningful votes that elected AOC and MTG to Congress – 7% and 20%, respectively.”

Keep ReadingShow less
Jolt Initiative Hits Back at Texas Attorney General Ken Paxton in Fight Over Voter Registration

Texas Attorney General Ken Paxton, who is running for U.S. Senate, speaks at an event in Lubbock on Oct 7, 2025. Paxton is seeking to shut down Jolt Initiative, a civic engagement group for Latinos, alleging that it's involved in illegal voter registration efforts. The group is fighting back.

Trace Thomas for The Texas Tribune

Jolt Initiative Hits Back at Texas Attorney General Ken Paxton in Fight Over Voter Registration

Jolt Initiative, a nonprofit that aims to increase civic participation among Latinos, is suing Texas Attorney General Ken Paxton to block his efforts to shut the organization down.

Paxton announced Monday that he was seeking to revoke the nonprofit’s charter, alleging that it had orchestrated “a systematic, unlawful voter registration scheme.”

Keep ReadingShow less