Punishment and Democracy: Disenfranchisement of Nonincarcerated Felons

As levels of criminal punishment have risen in the United States, more and more citizens have been disenfranchised because of a felony conviction. This paper provides an overview and analysis of the unique practice of felon disenfranchisement in the United States today. We focus in particular on the political impact of disenfranchising large numbers of nonincarcerated felons—those who have served their entire sentences and those living in their home communities while completing a term of probation or parole. Our discussion is organized around three key issues relating to felon disenfranchisement: (1) the historical and legal origins of this prac-tice; (2) its practical political impact on recent elections; and, (3) the racial dynamics that color both the history and contemporary effects of felon disenfranchisement in the United States. We discuss how felon disenfranchisement laws in many states appear to be out of step with both international practices and public opinion in the United States and consider contemporary policy proposals. N o discussion of the current state of democracy in theUnited States can ignore the unique and growing im-pact of the disenfranchisement of felons and ex-felons.1 A majority of states have laws that restrict the voting rights of not only felons in prison, but also those on probation and/or parole; some even disenfranchise ex-felons who have completed their sentences.The extraordinary growth of the country’s felon population over the past three decades has heightened the effect of this sanction. For instance, the disenfranchised felon popu