Can You Vote with a Felony in Indiana?
In the United States, the right to vote is a fundamental principle of democracy. However, many states have laws in place that restrict the ability to vote for individuals who have committed a felony. In this article, we will explore whether an individual with a felony in Indiana can still exercise their right to vote.
Contents
Short Answer
No, individuals with a felony in Indiana cannot vote unless their voting rights have been restored. Indiana’s state laws prohibit individuals who are convicted of a felony from voting until their sentence is complete, including probation or parole.
Felonies and Voting Rights
The Eighth Amendment to the United States Constitution prohibits states from depriving individuals of the right to vote except in the case of treason or impecuniosity (meaning the individual cannot afford the cost of their trial). Additionally, the Twenty-sixth Amendment to the Constitution requires states to ensure that 18-year-old citizens can vote.
Despite these federal constitutional requirements, individual states can restrict voting rights for felons. Indiana’s constitution provides that individuals convicted of a felony are disfranchised until their sentence is completed, including any term of probation or parole. (Indiana Constitution, Article 2, Section 5)
Type of Felonies That Disenfranchise Voting Rights
Not all felonies result in the loss of voting rights. In Indiana, individuals convicted of Class C misdemeanors, infractions, or minor drug-related offenses are not prohibited from voting. However, more serious crimes, including violent and non-violent felonies, can lead to a loss of voting rights.
Here is a table showing the types of felonies that can disenfranchise voting rights in Indiana:
| Type of Felony | Example | Effect on Voting Rights |
|---|---|---|
| Violent felonies | Murder, Aggravated battery | No voting rights |
| Serious non-violent felonies | Burglary, Forgery | No voting rights |
| Class C misdemeanors, infractions, minor drug-related offenses | Disorderly conduct, Possession of small amounts of marijuana | Can vote |
Voting Rights Restoration in Indiana
If an individual’s felony conviction is completed, they can restore their voting rights in Indiana. The state allows felons to request an expedited restoration of voting rights through the court process.
Here are the steps to restore voting rights in Indiana:
- Fill out an application for voter registration.
- Attach a certified copy of the conviction order (judgment).
- Return the application and attachment to the county voter registration office.
- Pay any required fees.
Upon reviewing the application, the voter registration office will check whether the individual’s conviction has been completed. If it has, the individual will be restored to the voting rolls.
Career Offender or Repeat Offender Exception
Some felons in Indiana may face stricter voting rights penalties. Those convicted of repeat felony offenses or classified as career offenders can have their voting rights restored only after they complete an additional period of parole or supervised release.
Here are the guidelines for repeat offender or career offender exceptions:
| Type of Felon | Requirement |
|---|---|
| Repeat Offenders | Complete an additional period of parole or supervised release before voting rights restoration. |
| Career Offenders | Complete an additional period of parole or supervised release and demonstrate rehabilitation through behavior. |
Conclusion
In summary, individuals with a felony in Indiana cannot vote unless their voting rights have been restored. While certain felons may not face penalties, others can face long-term or even lifelong disfranchisement of their right to vote. Indiana law provides a mechanism for voting rights restoration upon the completion of a felony conviction. However, for some individuals, additional restrictions or periods of parole or supervised release may apply. It is essential for those convicted of a felony in Indiana to understand the potential implications of their conviction on their right to vote and take the necessary steps to restore their voting rights if applicable.
Additional Resources
- Indiana Secretary of State, "Voter Registration Application" ([https://www.sos.in.gov/forms.aspx?folder=election%2F VoterRegForms](https://www.sos.in.gov/forms.aspx?folder=election%2F VoterRegForms))
- Indiana Courts, "Felony Restoration of Voting Rights" ([https://www.indianacourts-madison.org/circuitcourts/madison/PDFs/Felony Restoration of Voting Rights.pdf](https://www.indianacourts-madison.org/circuitcourts/madison/PDFs/Felony Restoration of Voting Rights.pdf))
- The Sentencing Project, "Voting Rights Restoration" (https://www.sentencingproject.org/campaigns/voting-rights-restoration/)
