Disfranchisement, also disenfranchisement (which has become more common since 1982) or voter disqualification, is the restriction of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing someone from exercising the right to vote. Disfranchisement can also refer to the revocation of power or control of a particular individual, community, or being to the natural amenity they have; that is to deprive of a franchise, of a legal right, of some privilege or inherent immunity. Disfranchisement may be accomplished explicitly by law or implicitly through requirements applied in a discriminatory fashion, through intimidation, or by placing unreasonable requirements on voters for registration or voting. High barriers to entry to the political competition can disenfranchise political movements. Tullock, Gordon. "Entry barriers in politics." The American Economic Review 55.1/2 (1965): 458-466.
In February 2018, the Overseas Electors Bill was presented to Parliament, with a view to abolishing the 15-year limit and the requirement to have registered to vote before leaving the UK. The Bill, which ran out of time due to the 2019 general election, would have granted all British expatriates the unlimited right to vote, as long as they have lived in the UK at some point in their lives. The issue became a hotly debated topic among British expatriates who have lived in other EU Member States for more than 15 years and were thus barred from voting in the referendum on European Union membership, despite arguably being more affected by the result than British people living in the UK.
The Conservative Party pledged to abolish what the called the "arbitrary 15-year limit" in their manifesto for the 2019 general election, in which they were subsequently elected. The change was implemented in 2024.
Democrats were alarmed by a late 19th-century alliance between Republicans and Populists that cost them some elections in North Carolina. Democrats added to previous efforts and achieved widespread disfranchisement by law: from 1890 to 1908, Southern state legislatures passed new constitutions, constitutional amendments, and laws that made voter registration and voting more difficult, especially when administered by white staff in a discriminatory way. They succeeded in disenfranchising most of the black citizens, as well as many Poor White in the South, and voter rolls dropped dramatically in each state. The Republican Party was nearly eliminated in the region for decades, and the Democrats established one-party control throughout the southern states.Richard M. Valelly, The Two Reconstructions: The Struggle for Black Enfranchisement (U of Chicago Press, 2009), pp. 134-139
In 1912, the Republican Party was split when Theodore Roosevelt ran against the party nominee, Taft. In the South by this time, the Republican Party had been hollowed out by the disfranchisement of African Americans, who were largely excluded from voting. Democrat Woodrow Wilson was elected as the first southern president since 1856. He was re-elected in 1916, in a much closer presidential contest. During his first term, Wilson satisfied the request of Southerners in his cabinet and instituted overt racial segregation throughout federal government workplaces, as well as racial discrimination in hiring. During World War I, American military forces were segregated, with black soldiers poorly trained and equipped.
Disfranchisement had far-reaching effects in Congress, where the Democratic Solid South enjoyed "about 25 extra seats in Congress for each decade between 1903 and 1953".Valelly; The Two Reconstructions; pp. 146-147 Also, the Democratic dominance in the South meant that southern Senators and Representatives became entrenched in Congress. They favored seniority privileges in Congress, which became the standard by 1920, and Southerners controlled chairmanships of important committees, as well as leadership of the national Democratic Party. During the Great Depression, legislation establishing numerous national social programs were passed without the representation of African Americans, leading to gaps in program coverage and discrimination against them in operations. In addition, because black Southerners were not listed on local voter rolls, they were automatically excluded from jury duty. Juries were all-white jury across the South.
Political enfranchisement expanded with passage of the Voting Rights Act of 1965, which authorized the federal government to monitor voter registration practices and elections where populations were historically underrepresented, and to enforce constitutional voting rights. The challenge to voting rights has continued into the 21st century, as shown by numerous court cases in 2016 alone, though attempts to restrict voting rights for political advantage have not been confined to the Southern states. Another method of seeking political advantage through the voting system is the gerrymandering of electoral boundaries, as was the case of North Carolina, which in January 2018 was declared by a federal court to be unconstitutional. Such cases are expected to reach the Supreme Court. Is Partisan Gerrymandering Legal? Why the Courts Are Divided.
In 1804, US Congress cancelled holding US presidential elections in Washington, D.C. or allowing residents to vote in them. Amendment 23 was passed by Congress and ratified in 1964 to restore the ability of District residents to vote in presidential elections.
In 1846, the portion of Washington, D.C. contributed from Virginia was "retrocessioned" (returned) to Virginia to protect slavery. People residing there (in what is now Alexandria), vote in local, Virginia and US elections.
Congress uses the same portion of the US Constitution to exclusively manage local and State level law for the citizens of Washington, D.C. and US military bases in the US. Until 1986, military personnel living on bases were considered to have special status as national representatives and prohibited from voting in elections where their bases were located. In 1986, Congress passed a law to enable US military personnel living on bases in the US to vote in local and state elections.
The position of non-voting delegate to Congress from the District was reestablished in 1971. The delegate cannot vote for bills before the House, nor floor votes, but may vote for some procedural and committee matters. In 1973, the District of Columbia Home Rule Act reestablished local government after a hundred-year gap, with regular local elections for mayor and other posts. They do not elect a US senator. People seeking standard representation for the 600,000 District of Columbia residents describe their status as being disfranchised in relation to the federal government. They do vote in presidential elections.
Until 2009, no other NATO (US military allies) or OECD country (US industrialized allies) had disfranchised citizens of their respective national capitals for national legislature elections. No US state prohibits residents of capitals from voting in state elections either, and their cities are contained within regular representative state and congressional districts.
39 Stat. 954, 48 USCA 734 "The statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Porto Rico as in the United States...."
According to ex-Chief of the Puerto Rico Supreme Court Jose Trias Monge, "no federal law has ever been found to be locally inapplicable to Puerto Rico. José Trías Monge, Puerto Rico: The Trials of the Oldest Colony in the World, p. 43 Puerto Ricans were conscripted into the U.S. armed forces; they have fought in every war since they became U.S. citizens in 1917. Puerto Rico Herald Puerto Rico residents are subject to most U.S. taxes.Contrary to common misconception, residents of Puerto Rico pay some U.S. federal taxes Dept of the Interior, Office of Insular Affairs and contribute to Social Security, Medicare and other programs through payroll taxes. But, these American citizens have no Congressional representation nor do they vote in U.S. presidential elections.
Juan Torruella and other scholars argue that the U.S. national-electoral process is not a democracy due to issues related to lack of voting rights in Puerto Rico and representation.Torruella, Juan R. (1985). The Supreme Court and Puerto Rico: The Doctrine of Separate and Unequal. Both the Puerto Rican Independence Party and the New Progressive Party reject Commonwealth status. The remaining political organization, the Popular Democratic Party has officially stated that it favors fixing the remaining "deficits of democracy" that the Bill Clinton and Bush administrations publicly recognized through Presidential Task Force Reports.
Note that in the case of disabled voters the issue may be actual loss of the franchise of someone previously able to vote, rather that ab initio disfranchisement. This may result from the transition from non-disabled to disabled, from changes in the effects of a disability, or changes in the accessibility of the electoral process.
The 'Polls Apart' campaign, run by the UK disability charity Scope
Proponents of disenfranchising those convicted of crimes have argued that persons who commit felonies have 'broken' the social contract, and have thereby given up their right to participate in a civil society. Some argue that felons have shown poor judgment, and that they should therefore not have a voice in the political decision-making process.Eli L. Levine, "Does the Social Contract Justify Felony Disenfranchisement?", 1 Wash. U. Jur. Rev. 193 (2009). Opponents have argued that such disfranchisement restricts and conflicts with principles of universal suffrage. Voter restrictions affect civic and communal participation in general. Opponents argue that felony disenfranchisement can create political incentives to skew criminal law in favor of disproportionately targeting groups who are political opponents of those who hold power.
In Western countries, felony disenfranchisement can be traced back to ancient Greek and Roman traditions: removal of the franchise was commonly imposed as part of the punishment on those convicted of "infamous" crimes, as part of their "civil death," whereby these persons would lose all rights and claim to property. Most medieval common law jurisdictions developed punishments that provided for some form of exclusion from the community for felons, ranging from outlaw to exclusion from community processes.
In 1983 this disqualification was relaxed and prisoners serving a sentence for a crime punishable under the law for less than a maximum five years were allowed to vote. A further softening occurred in 1995 when the loss of voting rights was limited to those serving a sentence of five years or longer, although earlier that year the Keating government had been planning legislation to extend voting rights to all prisoners. Disenfranchisement does not continue after release from jail/prison.
The Howard government legislated in 2006 to ban all prisoners from voting. In 2007, the High Court of Australia in Roach v Electoral Commissioner found that the Australian constitution enshrined a limited right to vote, which meant that citizens serving relatively short prison sentences (generally less than three years) cannot be barred from voting.Vicki Lee Roach v Electoral Commissioner and Commonwealth of Australia, 30 August 2007, High Court of Australia. The threshold of three years or more sentence will only result in removal of a prisoner's right to vote in federal elections. Depending on the threshold of exclusion which is distinct in each state, a prisoner may be able to vote in either state elections or federal elections. For example, prisoners in New South Wales serving a sentence of longer than one year are not entitled to vote in state elections.
On 25 June 2020 the Sixth Labour Government, with support from the Green Party and New Zealand First, passed legislation allowing prisoners serving sentences less than three years to vote in the 2020 New Zealand general election. The bill was opposed by the opposition National and ACT parties.
On 30 April 2025, Justice Minister Paul Goldsmith confirmed that the Sixth National Government would introduce legislation to reinstate a blanket ban on prisoners voting, describing it as a reversal of the previous Labour Government's "soft on crime" policy. Goldsmith said that the New Zealand Cabinet had decided to disregard a High Court ruling and recommendations from both the Electoral Commission and Waitangi Tribunal in 2024 and 2019 respectively that prisoners be allowed to vote.
In addition pursuant to Section 62 Subsection 2 of the Representation of the People Act, 1951 a person is ineligible to vote if he or she is subjected to the disqualifications “referred to in section 16 of the Representation of the People Act, 1950 (43 of 1950)”. Section 16 of the Representation of the People Act, 1950 refers to persons disqualified from registering in an electoral roll due to “corrupt practices and other offenses in connection with elections” (Please see Section 16 of the Representation of the People Act, 1950 and Section 62 Subsection 2 of the Representation of the People Act, 1951).
No person is ineligible to vote in India solely by reason of being on parole. For example, Shamsher Singh, who was convicted of the assassination of former Punjab Chief Minister Beant Singh, voted for the first time after he was released on parole while serving a sentence of life imprisonment (Please see news article dated February 20, 2022, from the Tribune News Service entitled, “Out on parole, Beant Singh murder convict Shamsher Singh votes for first time in Patiala”).
In Germany the law calls on prisons to encourage prisoners to vote. Only those convicted of electoral fraud and crimes undermining the "democratic order", such as treason, are barred from voting while in prison."Losing the Vote,"
Lord Falconer of Thoroton, former Secretary of State for Constitutional Affairs, stated that the ruling may result in some, but not all, prisoners being able to vote. The consultation is to be the subject of Judicial Review proceedings in the High Court. Separate challenges by the General Secretary of the Association of Prisoners, Ben Gunn, by way of petition to the European Union Parliament, and John Hirst to the Committee of Ministers are underway.
In the United Kingdom, prohibitions from voting are codified in section 3 and 3A of the Representation of the People Act 1983. Excluded are incarcerated criminalsalthough not specifically felons; the distinction between felony and misdemeanor was abolished by the Criminal Law Act 1967 (including those sentenced by courts-martial, those unlawfully at large from such sentences, and those committed to psychiatric institutions as a result of a criminal court sentencing process). Civil prisoners sentenced (for non-payment of fines, or contempt of court, for example), and those on remand unsentenced retain the right to vote.
The UK was previously subject to Europe-wide rules due to various treaties and agreements associated with its membership of the European Union. The Act does not apply to elections to the European Parliament. Following Hirst v United Kingdom (No 2) (2005),42 EHHR 41 in which the European Court of Human Rights (ECHR) ruled such a ban to be disproportionate, the policy was reviewed by the UK government. In 2005 the Secretary of State for Constitutional Affairs, Lord Falconer of Thoroton, stated that the review may result in the UK allowing some prisoners to vote. In 2010 the UK was still reviewing the policy, following an "unprecedented warning" from the Council of Europe. The UK government position was then that:
Parliament voted in favor of maintaining disenfranchisement of prisoners in 2011 in response to Government plans to introduce legislation. Since then the Government has repeatedly stated that prisoners will not be given the right to vote in spite of the ECHR ruling.BBC News [16], 24 October 2012
In response to the ECHR ruling, Lord Chancellor and Secretary of State for Justice Chris Grayling produced a draft Voting Eligibility (Prisoners) Bill for discussion by a Joint Committee, incorporating two clear options for reform and one which would retain the blanket ban.
In an attempt to put an end to the embittered standoff between the Human Rights Court and national courts, in 2017 the Government promised to marginally extend the franchise.
In several other European countries, no disenfranchisements due to criminal convictions exist. European countries that allow inmates to vote (as of 2012) include Albania, Croatia, Czech Republic, Denmark, Finland, Ireland, Latvia, Lithuania, Montenegro, North Macedonia, Norway, Serbia, Spain, Sweden, Switzerland, and Ukraine.
Moreover, many European countries encourage people to vote, such as by making pre-voting in other places than the respective election locales easily accessible. This often includes possibilities for prisoners to pre-vote from the prison itself. This is the case for example in Finland.
Maine and Vermont allow prison inmates as well as probationers and parolees to vote. American Civil Liberties Union
Twenty states (Alaska, Arkansas, Georgia, Idaho, Iowa, Kansas, Louisiana, Maryland, Minnesota, Missouri, Nebraska, Nevada, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, Washington, West Virginia, and Wisconsin) do not allow persons convicted of a felony to vote while serving a sentence, but automatically restore the franchise to the person upon completion of a sentence. In Iowa, in July 2005, Governor Tom Vilsack issued an executive order restoring the right to vote for all persons who have completed supervision, which the Iowa Supreme Court upheld on October 31, 2005.
Fifteen states (Hawaii, Illinois, Indiana, Massachusetts, Michigan, Montana, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, and Utah) plus the District of Columbia allow probationers and parolees to vote, but not inmates.
Four states (California, Colorado, Connecticut, and South Dakota) allow probationers to vote, but not inmates or parolees.
Eight states (Alabama, Arizona, Delaware, Florida, Kentucky, Mississippi, Tennessee, and Wyoming) allow some, but not all, persons with felony convictions to vote after having completed their sentences. Some have qualifications of this: for example, Delaware does not restore the franchise until five years after release of a person. Similarly, Kentucky requires that the person take action to gain restoration of the franchise.
One state (Virginia) permanently disfranchises persons with felony convictions. In Virginia, former Governor Terry McAuliffe used his executive power in 2017 to restore voting rights to about 140,000 people with criminal backgrounds in the state.
Disfranchisement due to criminal conviction, particularly after a sentence is served, has been opposed by the Sentencing Project, an organization in the United States working to reduce arbitrary prison sentences for minor crimes and to ameliorate the negative effects of incarceration to enable persons to rejoin society after completing sentences. Its website provides a wealth of statistical data that reflects opposing views on the issue, and data from the United States government and various state governments about the practice of felony disfranchisement.
Peru allows inmates to vote.
In South Africa the constitution protects the right of prisoners to vote. The Constitutional Court has struck down two attempts by the government to deny the vote to convicted criminals in prison.
New Zealand
India
Taiwan
China
Hong Kong
Europe
Germany
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Ireland
Italy
United Kingdom
Other European countries
Middle East
Israel
North America
Canada
United States
Other countries
In indirect elections
See also
Notes
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