As political campaigns intensify ahead of upcoming elections, Nebraska and Oklahoma have enacted significant legislation aimed at restoring voting rights to individuals with felony convictions. These new laws could bring thousands of voters back into the political fold, potentially impacting election outcomes in key communities.
In Nebraska, a groundbreaking law passed earlier this year eliminates the previous two-year waiting period for individuals who have completed their sentences. This change is expected to reinstate voting rights for approximately 7,000 Nebraskans who have fulfilled their sentences since 2022, according to The Sentencing Project, a nonprofit focused on criminal justice reform.
However, the implementation of this law faced challenges. Just days before it was set to take effect, Republican Attorney General Mike Hilgers issued an opinion claiming the law violated the Nebraska Constitution. This led Secretary of State Bob Evnen to halt the registration of individuals with felony convictions. Fortunately, the Nebraska Supreme Court intervened last week, ordering immediate enforcement of the law. Advocacy groups are now urging Evnen to extend the voter registration deadline, which remains firm despite their appeals.
In Oklahoma, recent legislation further clarifies voting eligibility for individuals with felony convictions. Under the new law, residents can vote immediately upon receiving a pardon or commutation. This update comes after a historic mass commutation in 2019 that released hundreds of individuals from prison following a ballot measure that reclassified many drug-related felonies as misdemeanors.
Across the nation, states are increasingly recognizing the importance of restoring voting rights. In Minnesota and New Mexico, laws were recently passed that allow individuals with felony convictions to regain their voting rights upon completing their incarceration—removing previous requirements to finish parole or probation.
Despite these advancements, millions remain disenfranchised due to felony convictions. According to The Sentencing Project, approximately 4 million U.S. citizens are unable to vote this year because of past convictions. Notably, around 70% of these individuals reside in their communities and have completed their sentences or are under supervision.
While some states are moving toward expanding voting access for those with felony convictions, others are enacting stricter regulations. For instance, North Carolina’s Supreme Court upheld a law prohibiting individuals on probation or parole from voting. Similarly, Tennessee’s Supreme Court ruled that felons must obtain judicial approval or proof of pardon to restore their voting rights. In Virginia, recent changes have made it more difficult for individuals with felony convictions to automatically regain their voting rights.
Historically, laws disenfranchising people with felony convictions trace back to before the establishment of the United States and were often implemented as a means of racial discrimination following the Civil War. Today, while some states allow immediate restoration upon release from prison, others impose various conditions that complicate the process.
In Maine and Vermont, as well as Washington D.C., individuals never lose their right to vote—even while incarcerated. Furthermore, many states allow those awaiting trial or serving time for misdemeanors to cast absentee ballots.
Despite these positive developments in some states, significant barriers remain for those seeking to exercise their voting rights while incarcerated. Issues such as registering to vote and accessing absentee ballots can hinder participation in elections.
As these discussions continue nationwide, it is crucial for lawmakers and advocates to work together to ensure fair and equitable access to voting for all citizens—regardless of past convictions.
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