Encyclopedia of Opinion
Question
Should felons be allowed to vote?
Position‹4 of 5›
Some felons should retain their voting rights
Argument

Felons who have not committed egregious crimes should be able to vote

If a person has not grievously violated someone else's rights, they should retain their right to vote. Disenfranchising people for minor felonies is excessive.

The argument

The case rests on proportionality. We should restore the voting rights of felons who have not committed egregious crimes, because if a person has not seriously violated the rights of someone else it is unnecessary to take away one of their basic rights. A person's punishment should fit their crime, so disenfranchising prisoners who have committed only minor felonies applies the same civic penalty across offences that differ enormously in gravity, which makes it excessive and harsh. The category "felon" does the work here, and it is a legal classification rather than a moral one; treating everyone inside it identically is what produces the mismatch. There is also a practical case, and it points the same way. There is evidence that restoring felon voting rights could lead to less risk of re-imprisonment. According to the Sentencing Project, "among individuals who had been arrested previously, 27 percent of non-voters were rearrested, compared with 12 percent of voters." If this is true, restoring felons' voting rights would not only be fairer but cheaper, alleviating the strain on public prisons and defense programs that re-incarceration creates. The mechanism proponents suggest is reintegration. Disenfranchisement tells a person they remain outside the political community even as they are expected to rejoin the social one. Restoring the vote reverses that signal: by participating in our democracy, former prisoners will feel more accepted by their communities, and acceptance is what makes readjusting to society possible. It also creates an incentive running in the right direction, since someone who intends to use a vote responsibly has reason to become more informed and to contribute to the common good. Taken together, proportionality and reintegration support the same limited conclusion: not that every felon should vote, but that some felons should retain their voting rights.

Premises

[P1]A punishment should fit the crime, so stripping the vote from those who committed only minor felonies is excessive. [P2] Restoring voting rights is linked to lower re-arrest rates — 12% for voters versus 27% for non-voters. [P3] Voting also helps former offenders feel accepted and reintegrate into their communities. [C] Therefore, felons who have not committed egregious crimes should retain their voting rights.

Counter-arguments

Felons have proven that they do not deserve to vote. Even if they have not committed horrific crimes, felons have shown that they do not value the community's wellbeing. Since only people who value the common good should vote and felons have proven that they do not, they should be disenfranchised.

Rejecting the premises

[Rejecting P1] Proportionality is asserted rather than argued. The argument gives no account of which felonies are 'minor' or 'egregious', and the felony classification it relies on already varies enormously between states — the same conduct can be a felony in one jurisdiction and a misdemeanour in another, so a line drawn there tracks legislative drafting rather than seriousness. [Rejecting P2] The re-arrest figures are correlational. People who vote differ systematically from people who do not — in age, employment, housing stability, family ties and prior engagement with civic institutions — and every one of those factors independently predicts lower re-arrest. Nothing in the cited comparison isolates voting as the cause, and the argument then treats the association as though it licensed a policy prediction. [Rejecting P3] The reintegration claim also cuts against the argument's own conclusion. If participation in democracy is what fosters acceptance and self-improvement, that reasoning applies at least as strongly to those convicted of serious offences, who face the greatest reintegration difficulty. The argument cannot use it to justify a partial restoration while withholding the same benefit from the people it would help most. [Rejecting C] As the counter-argument on record puts it, a felony conviction is taken as evidence that a person has shown they do not value the community's wellbeing, and on that view the franchise should be withheld regardless of where the offence sits on a severity scale.