Can You Vote if You Have a Felony in Ohio?
Direct Answer
In the state of Ohio, felons have the right to vote, except in the case of lifetime disenfranchisement. Under Ohio Revised Code (ORC) 3509.01, a felon’s voting rights are typically restored after serving their sentence, including parole and probation.
History of Felon Voting Rights in Ohio
Ohio’s felon voting laws have undergone significant changes over the years. Until 1973, all felons lost their voting rights permanently upon conviction. However, following the repeal of the poll tax and the ratification of the 26th Amendment, Ohio lawmakers reconsidered their stance on felon voting.
In 1973, Ohio Revised Code 3599.03 was passed, which automatically restored the voting rights of felons upon completion of their sentences. This legislation aimed to reintegrate felons back into society and give them a chance to reestablish their civil rights.
Types of Felonies and their Impact on Voting Rights
Ohio law distinguishes between two types of felonies: Felony and Major Felony. Felony offenses typically carry prison sentences of up to one year, while Major Felony offenses have prison sentences of more than one year.
- Felony: Voting rights are restored once the felony sentence is complete, including parole and probation.
- Major Felony: Voting rights are suspended during incarceration, but are restored immediately upon release.
Convictions and Their Impact on Voting Rights
Ohio has a disenfranchisement process for certain crimes, known as Level I Adult Misdemeanors, which can lead to lifetime disenfranchisement. These offenses include:
- Felonious sexual assault or battery
- Robbery or kidnapping
- Murder or other crimes punishable by death
- Aircraft hijacking
Restoring Voting Rights after a Conviction
Once a person has completed their sentence and paid any associated fines or restitution, their voting rights are automatically restored. To confirm the restoration of voting rights, individuals can contact their County Board of Elections.
Mandatory Voting Suspension
Mandatory Voting Suspension occurs when an individual is convicted of a level I adult misdemeanor crime. This conviction leads to lifetime disenfranchisement. Only the Governor has the power to pardon or restore voting rights to individuals under this category.
Important Documents and Records
To prove restoration of voting rights, individuals can provide:
- Judgment and sentence documents: These documents demonstrate the completion of the felony sentence, including parole and probation.
- Discharge or release documents: These documents confirm the release from custody or completion of parole or probation.
- Reinstatement notice: In some cases, the Board of Elections may issue a reinstatement notice, providing proof of restored voting rights.
Restoration Process
The restoration process for voting rights in Ohio typically follows these steps:
- Contact the County Board of Elections: Individuals must contact their County Board of Elections to request information on the restoration process.
- Complete the restoration form: Applicants must complete the restoration form, providing necessary documents and information.
- Return the form and supporting documents: The applicant must submit the completed form and supporting documents to the County Board of Elections.
- Review and approval: The County Board of Elections will review the application and verify the restoration of voting rights.
Additional Resources and Information
- Ohio Secretary of State’s Voting Rights Restoration Program: www.sos.state.oh.us/Voting/elections/voting-rights-restoration-program/
- Ohio Revised Code: codes.oh.no/Ohio-Code/ORC-Chapter-35-990-Civil-Cases/Ohio-Rev-Code-Sect-3599-03-Re-Convicts-Not-Required-Register-Sentence
In conclusion, the answer to the question Can You Vote if You Have a Felony in Ohio? is generally yes. However, lifetime disenfranchisement applies in specific cases. It’s essential for individuals with a felony conviction to understand Ohio’s laws and regulations regarding voting rights restoration.
