Can You Vote if You Have a Felony in California?
In California, the right to vote is a fundamental right protected by the California Constitution. However, for individuals who have been convicted of a felony, exercising this right can be complex and depends on various factors. This article aims to provide a comprehensive guide on voting rights for individuals with a felony conviction in California.
Direct Answer: Can You Vote if You Have a Felony in California?
YES, if you have been convicted of a felony in California, you can vote. The California Constitution explicitly states that the right to vote cannot be denied or abridged based on conviction of a felony (California Constitution, Article II, Section 7).
Restoration of Voting Rights
The California Secretary of State’s office provides that individuals convicted of a felony can exercise their right to vote while still on probation or parole, or after completing their sentence, including parole, if:
- They are not currently serving a sentence of imprisonment
- They are not currently on supervised release, such as probation or parole
- They have not been declared a mentally incompetent person by a court
Exceptions: Voting Rights Suspended for Certain Offenses
The California Constitution provides that certain offenses can suspend a person’s voting rights. Specifically, if you have been convicted of:
- treason
- bribery
- forgery
- bigamy
- perjury
- bribery of elected officials
- conspiracy to commit any of the above offenses
your voting rights are suspended until your sentence has been completed and you have been discharged from parole (California Constitution, Article II, Section 7).
How to Restore Your Voting Rights
If you have had your voting rights suspended due to a conviction, you can restore your voting rights by:
- Completing your sentence
- Being discharged from parole
- Receiving a certificate of rehabilitation from the court
- Applying to the Secretary of State to have your voting rights restored
Additional Requirements: Voting Registration
To register to vote in California, you must:
- Be a United States citizen
- Be at least 18 years old
- Be a resident of the county and state
- Not be currently serving a sentence of imprisonment or supervision (such as probation or parole) for a crime involving moral turpitude
- Not be subject to a conservatorship or guardianship
You can register to vote in California online, by mail, or in person through the California Secretary of State’s website or at a county elections office.
Key Takeaways
To summarize:
- Individuals convicted of a felony in California can vote
- Exceptions apply for certain offenses (treason, bribery, forgery, etc.) that suspend voting rights
- To restore voting rights, complete sentence, discharged from parole, receive a certificate of rehabilitation, or apply to the Secretary of State
- Additional requirements for voting registration include age, residency, and being free from certain legal restraints
Table: Voting Rights in California by Felony Conviction
| Felony Conviction | Voting Rights |
|---|---|
| Not suspended | Can vote |
| Suspended for certain offenses (treason, bribery, forgery, etc.) | Voting rights suspended until sentence completed and parole discharged |
| Under probation or parole | Can vote |
Conclusion
In California, individuals who have been convicted of a felony can exercise their right to vote, with some exceptions. It is essential for individuals with a felony conviction to understand their voting rights and take the necessary steps to restore their voting privileges. By registering to vote and participating in the electoral process, individuals with a felony conviction can exercise their right to participate in the democratic process and have a say in shaping the future of their community.
