III. CURRENT IMPACT OF DISENFRANCHISEMENT LAWS
National Impact
The scale of the impact of criminal disenfranchisement laws is quantitatively different than at any time in the nations history. Using national conviction and corrections on data, we estimate that 3.9 million Americans, including 1.4 million black men, cannot vote because of felony convictions.21 These national figures mask wide disparities among the states. We have now undertaken the first-ever state-by-state analysis of the impact of criminal disenfranchisement laws, drawing on corrections data from the U.S. Bureau of Justice Statistics (BJS) and state-level data compiled by various law enforcement and court agencies. (A complete description of the methodology used can be found in the Appendix.)
Table 2 presents our findings on the current impact of voting restrictions, broken down by state. The figures reported here should be considered as estimates because complete data were not available for every state.22 In addition, individual voting practices within the states may or may not conform to state law. This is a result both of inaccurate record-keeping in some instances and misinformation in others. In states that disenfranchise ex-felons, election officials do not always have ready access to felony conviction data, and some ex-felons may vote. In other states where ex-felons are permitted to vote, released prisoners are not necessarily informed of this right and often incorrectly believe that they can never vote again.
Our analysis reveals that the national rate of disenfranchisement, and particularly that of black men, remains at substantial levels. Not surprisingly, states that disenfranchise felons for life have far greater numbers of disenfranchised adults than other states. Our findings include:
· A total of 3.9 million adults, or 2.0 percent of the eligible voting population, is currently or permanently disenfranchised as a result of a felony conviction.
· Six statesAlabama, Florida, Mississippi, New Mexico, Virginia, and Wyomingexclude from the vote more than 4 percent of their adult population, or more than one in twenty-five.
· Florida and Texas each disenfranchise more than 600,000 people.
· Alabama, California and Virginia each disenfranchise close to a quarter of a million persons.
Table 3 provides a breakdown of the number of persons disenfranchised for felony convictions who are in prison, on probation or parole or have completed serving their sentences. It reveals that:
· Nearly three-quarters (73 percent) of the disenfranchised are not in prison, but are on probation, or parole or have completed their sentences.
· 1.4 million of the disenfranchised are ex-offenders.
· Five statesAlabama, Florida, Mississippi, Texas, and Virginiaeach disenfranchise more than 125,000 ex-felons. One-third of all disenfranchised ex-felons (436,900) are in Florida.
· One million people of the disenfranchised were only sentenced to probation and not to prison. Texas disenfranchises nearly a quarter of a million people (234,200) on probation.
Racial Impact
State disenfranchisement laws have a dramatically disproportionate racial impact. Thirteen percent of all adult black men1.4 millionare disenfranchised, representing one-third of the total disenfranchised population and reflecting a rate of disenfranchisement that is seven times the national average. Election voting statistics offer an approximation of the political importance of black disenfranchisement: 1.4 million black men are disenfranchised compared to 4.6 million black men who voted in 1996.23
The racial impact in certain individual states is extraordinary:
· In Alabama and Florida, 31 percent of all black men are permanently disenfranchised.
· In five other statesIowa, Mississippi, New Mexico, Virginia, and Wyomingone in four black men (24 to 28 percent) is permanently disenfranchised. In Washington state, one in four of black men (24 percent) are currently or permanently disenfranchised.24
· In Delaware, one in five black men (20 percent) is permanently disenfranchised.
· In Texas, one in five black men (20.8 percent) is currently disenfranchised.
· In four statesMinnesota, New Jersey, Rhode Island, and Wisconsin16 to 18 percent of black men are currently disenfranchised.
TABLE 2: Disenfranchised Felons by State
State |
Total Felons |
Rate for Total* |
Black Men |
Rate for Black Men** |
Alabama |
241,100 |
7.5% |
105,000 |
31.5% |
Alaska |
4,900 |
1.2% |
500 |
6.3% |
Arizona |
74,600 |
2.3% |
6,600 |
12.1% |
Arkansas |
27,400 |
1.5% |
10,700 |
9.2% |
California |
241,400 |
1.0% |
69,500 |
8.7% |
Colorado |
15,700 |
0.6% |
3,500 |
6.1% |
Connecticut |
42,200 |
1.7% |
13,700 |
14.8% |
Delaware |
20,500 |
3.7% |
8,700 |
20.0% |
District of Columbia |
8,700 |
2.0% |
8,100 |
7.2% |
Florida |
647,100 |
5.9% |
204,600 |
31.2% |
Georgia |
134,800 |
2.5% |
66,400 |
10.5% |
Hawaii |
3,000 |
0.3% |
100 |
0.9% |
Idaho |
3,800 |
0.5% |
100 |
2.7% |
Illinois |
38,900 |
0.4% |
24,100 |
4.5% |
Indiana |
16,800 |
0.4% |
6,800 |
4.6% |
Iowa |
42,300 |
2.0% |
4,800 |
26.5% |
Kansas |
7,800 |
0.4% |
2,800 |
5.6% |
Kentucky |
24,000 |
0.8% |
7,000 |
7.7% |
Louisiana |
26,800 |
0.9% |
19,600 |
4.8% |
Maine |
0 |
0.0% |
0 |
0.0% |
Maryland |
135,700 |
3.6% |
67,900 |
15.4% |
Massachusetts |
0 |
0.0% |
0 |
0.0% |
Michigan |
42,300 |
0.6% |
22,700 |
5.4% |
Minnesota |
56,000 |
1.6% |
7,200 |
17.8% |
Mississippi |
145,600 |
7.4% |
81,700 |
28.6% |
Missouri |
58,800 |
1.5% |
20,100 |
11.3% |
Montana |
2,100 |
0.3% |
0 |
2.9% |
Nebraska |
11,900 |
1.0% |
2,100 |
10.2% |
Nevada |
16,800 |
1.4% |
4,000 |
10.0% |
New Hampshire |
2,100 |
0.2% |
100 |
3.8% |
New Jersey |
138,300 |
2.3% |
65,200 |
17.7% |
New Mexico |
48,900 |
4.0% |
3,700 |
24.1% |
New York |
126,800 |
0.9% |
62,700 |
6.2% |
North Carolina |
96,700 |
1.8% |
46,900 |
9.2% |
North Dakota |
700 |
0.1% |
0 |
1.1% |
Ohio |
46,200 |
0.6% |
23,800 |
6.2% |
Oklahoma |
37,200 |
1.5% |
9,800 |
12.3% |
Oregon |
7,300 |
0.3% |
900 |
4.5% |
Pennsylvania |
34,500 |
0.4% |
18,900 |
5.2% |
Rhode Island |
13,900 |
1.8% |
2,800 |
18.3% |
South Carolina |
48,300 |
1.7% |
26,100 |
7.6% |
South Dakota |
2,100 |
0.4% |
100 |
3.5% |
Tennessee |
97,800 |
2.4% |
38,300 |
14.5% |
Texas |
610,000 |
4.5% |
156,600 |
20.8% |
Utah |
0 |
0.0% |
0 |
0.0% |
Vermont |
0 |
0.0% |
0 |
0.0% |
Virginia |
269,800 |
5.3% |
110,000 |
25.0% |
Washington |
151,500 |
3.7% |
16,700 |
24.0% |
West Virginia |
6,700 |
0.5% |
900 |
4.4% |
Wisconsin |
48,500 |
1.3% |
14,900 |
18.2% |
Wyoming |
14,100 |
4.1% |
400 |
27.7% |
U.S. Total |
3,892,400 |
2.0% |
1,367,100 |
13.1% |
* Percentage of adult population who are disenfranchised.
**Percentage of black men who are disenfranchised.
TABLE 3: Disenfranchised Felons by State and Correctional Status
State |
Disenfranchised Population | ||||
Prison |
Probation |
Parole |
Ex-felons |
Total | |
Alabama |
21,100 |
21,300 |
5,200 |
193,500 |
241,100 |
Alaska |
2,300 |
2,100 |
600 |
0 |
4,900 |
Arizona |
21,600 |
23,800 |
3,800 |
25,400 |
74,600 |
Arkansas |
9,000 |
13,200 |
5,100 |
0 |
27,400 |
California |
144,400 |
0 |
97,100 |
0 |
241,400 |
Colorado |
12,400 |
0 |
3,300 |
0 |
15,700 |
Connecticut |
10,300 |
30,800 |
1,100 |
0 |
42,200 |
Delaware |
3,100 |
9,100 |
1,000 |
7,300 |
20,500 |
District of Columbia |
8,700 |
0 |
0 |
0 |
8,700 |
Florida |
63,700 |
137,200 |
9,200 |
436,900 |
647,100 |
Georgia |
34,300 |
79,300 |
21,100 |
0 |
134,800 |
Hawaii |
3,000 |
0 |
0 |
0 |
3,000 |
Idaho |
3,800 |
0 |
0 |
0 |
3,800 |
Illinois |
38,900 |
0 |
0 |
0 |
38,900 |
Indiana |
16,800 |
0 |
0 |
0 |
16,800 |
Iowa |
6,300 |
8,500 |
2,200 |
25,300 |
42,300 |
Kansas |
7,800 |
0 |
0 |
0 |
7,800 |
Kentucky |
12,900 |
6,400 |
4,600 |
n/a |
24,000 |
Louisiana |
26,800 |
0 |
0 |
0 |
26,800 |
Maine |
0 |
0 |
0 |
0 |
0 |
Maryland |
21,000 |
38,800 |
16,200 |
59,700 |
135,700 |
Massachusetts |
0 |
0 |
0 |
0 |
0 |
Michigan |
42,300 |
0 |
0 |
0 |
42,300 |
Minnesota |
5,200 |
48,400 |
2,400 |
0 |
56,000 |
Mississippi |
13,600 |
5,500 |
1,500 |
125,000 |
145,600 |
Missouri |
22,000 |
24,600 |
12,200 |
0 |
48,800 |
Montana |
2,100 |
0 |
0 |
0 |
2,100 |
Nebraska |
3,200 |
8,000 |
700 |
0 |
11,900 |
Nevada |
8,200 |
5,400 |
3,200 |
n/a |
16,800 |
New Hampshire |
2,100 |
0 |
0 |
0 |
2,100 |
New Jersey |
27,500 |
69,200 |
41,500 |
0 |
138,300 |
New Mexico |
4,500 |
4,900 |
1,400 |
38,000 |
48,900 |
New York |
69,700 |
0 |
57,100 |
0 |
126,800 |
North Carolina |
27,900 |
56,400 |
12,400 |
0 |
96,700 |
North Dakota |
700 |
0 |
0 |
0 |
700 |
Ohio |
46,200 |
0 |
0 |
0 |
46,200 |
Oklahoma |
19,600 |
15,400 |
2,200 |
0 |
37,200 |
Oregon |
7,300 |
0 |
0 |
0 |
7,300 |
Pennsylvania |
34,500 |
0 |
0 |
0 |
34,500 |
Rhode Island |
2,000 |
11,200 |
600 |
0 |
13,900 |
South Carolina |
19,800 |
23,100 |
5,400 |
0 |
48,300 |
South Dakota |
2,100 |
0 |
0 |
0 |
2,100 |
Tennessee |
15,600 |
20,600 |
8,900 |
52,700 |
97,800 |
Texas |
132,400 |
234,200 |
112,600 |
130,800 |
610,000 |
Utah |
0 |
0 |
0 |
0 |
0 |
Vermont |
0 |
0 |
0 |
0 |
0 |
Virginia |
27,100 |
16,300 |
9,900 |
216,600 |
269,800 |
Washington |
12,500 |
68,900 |
600 |
69,500 |
151,500 |
West Virginia |
2,700 |
3,100 |
900 |
0 |
6,700 |
Wisconsin |
11,900 |
28,400 |
8,100 |
0 |
48,500 |
Wyoming |
1,500 |
1,900 |
400 |
10,400 |
14,100 |
U.S. Total |
1,032,300 |
1,016,000 |
452,600 |
1,391,000 |
3,892,400 |
Note: Columns and rows may not always sum exactly due to rounding.
· In nine statesArizona, Connecticut, Georgia, Maryland, Missouri, Nebraska, Nevada, Oklahoma, and Tennessee10 to 15 percent of black men are currently disenfranchised.
21 These figures differ slightly from national estimates produced by The Sentencing Project in 1997 because we have now been able to undertake a more in-depth analysis of the number of ex-felons in the states that disenfranchise for life. See Marc Mauer, Intended and Unintended Consequences: State Racial Disparities in Imprisonment, The Sentencing Project, January 1997. Figures in Table 2 for Kentucky and Nevada for both the total disenfranchised population and for black men represent low estimates due to the inability to obtain the data necessary to develop estimates for the number of ex-felons.
22 Statistics on ex-felons are improving as states seek to meet requirements of federal gun registration legislation (the Brady law), but substantial gaps remain in many states.
23 U.S. Census Bureau, Voting and Registration in the Election of November 1996 (P20-504), (Washington, D.C.: U.S. Census Bureau, July 1998).
24 In Washington, persons in prison, on probation or on parole are currently disenfranchised. In addition, persons convicted of a felony prior to July 1, 1984 are permanently disenfranchised.