Many states have different laws regarding whether felons can vote in elections. Here’s where the law in Wisconsin (and a few surrounding states) stands:
One of the most common ways state lawmakers impose government-sanctioned voter suppression is by focusing on marginalized portions of society. As criminal defense attorneys, we regularly work with individuals facing and convicted of criminal offenses. Unfortunately, a felony conviction impacts the offender’s ability to vote in Wisconsin. Fortunately, it isn’t forever. Wisconsinites lose their ability to vote while on supervision for, or serving a sentence for, a felony. Once that’s resolved, the offender regains his ability to vote. This is done automatically by the Department of Corrections and does not require any forms or work done by the offender.
Some states permanently ban individuals convicted of felonies from voting in any election ever again. As of September 2024, the following states ban some individuals convicted of felonies from voting ever again: Wyoming, Arizona, Iowa, Connecticut, Virginia, Tennessee, Mississippi, Alabama, and Florida. Due to the fact that we share borders with Minnesota, Iowa, Michigan, and Illinois, we will discuss the laws regarding whether felons can vote in those states. Importantly, this blog post is not legal advice and should not be taken as such. We can only provide legal advice to individuals facing legal issues in Wisconsin that have also retained our firm. We do not practice law outside of the state.
Contact Van Severen Law Office, S.C. if you’re facing criminal charges anywhere in Wisconsin. While this blog post will teach you that a felony conviction doesn’t result in permanent loss on your ability to vote, avoiding a conviction protects your civil rights from ever being impacted. Contact us at (414) 270-0202 to speak with our Milwaukee criminal defense lawyers.
What is voter disenfranchisement?
Voter disenfranchisement refers to the practice of restricting or denying someone’s ability to vote. Voter disenfranchisement can take many forms, including things we all share, like gender and age. In other countries around the world, voter disenfranchisement is sometimes based on ethnicity or the area within a country an individual resides. But the term isn’t limited by theses examples, and refers to literally any practice that bars individuals from voting.
A 2022 estimate indicated that 4.4 million people were barred from voting in the United States due to felony convictions. Considering the overcriminalization lawmakers engaged in after COVID-19, this number has certainly inflated even further. This impacts certain demographics more than others: In 1998, one in six African-American males were disenfranchised due to a felony conviction. In the 1998 presidential elections, at least 10 states formally disenfranchised over 20 percent of African-American voters (Journal of Blacks in Higher Education, 1999).
Van Severen Law Office, like many organizations involved in the criminal justice system, vehemently opposes voter disenfranchisement based on criminal convictions. We’ve worked with many individuals who truly regret their decisions that led to them being charged and convicted of felonies. It is difficult for felons to find work and sometimes even a place to live. Law prohibits them from owning firearms. It feels overly punitive (and based on ulterior motives) to ban them from voting for the rest of their lives. There’s no good reason for states to engage in this practice.
Can felons vote in Wisconsin?
Article III, Section 2 of the Wisconsin Constitution allows for lawmakers to enact laws prohibiting individuals convicted of felonies from voting until they are “restored to civil rights.” This language clearly precludes permanent felony disenfranchisement, but it doesn’t exactly tell us what constitutes restoration of civil rights. For that we have to go to the statutes.
Section 304.078(2) of the Wisconsin Statutes describes how the process of restoring the civil rights of individuals convicted of felonies works. It indicates:
(2) … every person who is convicted of a crime obtains a restoration of his or her civil rights by serving out his or her term of imprisonment or otherwise satisfying his or her sentence. The certificate of the department or other responsible supervising agency that a convicted person has served his or her sentence or otherwise satisfied the judgment against him or her is evidence of that fact and that the person is restored to his or her civil rights. The department or other agency shall list in the person’s certificate rights which have been restored and which have not been restored. …
A felony conviction removes your ability to vote. Satisfaction of the sentence restores it. The offender does not need to do anything beyond successfully completing his sentence to be restored. Once the sentence is completed, the Department of Corrections provides the offender a “discharge certificate” that is proof the offender’s voting rights have been restored. Individuals who fail probation and extended supervision are similarly restored. This comes at the completion of any new incarceration of supervision requirements.
Can felons vote in Illinois?
Illinois laws are even more forgiving than those in Wisconsin. According to Illinois Legal Aid:
In Illinois, if you have spent time in jail or have a criminal record, you still have the right to vote. Once you are no longer in the custody of the Illinois Department of Corrections (IDOC), your right to vote is automatically restored. If you have previously lost your right to vote because of a felony conviction, you will need to re-register to vote once you have been released from prison.
An open felony case does not prohibit Illinois felons from voting. In fact, unlike Wisconsin, felons in Illinois can vote while on probation. There are only a few things that result in the felon disenfranchisement in Illinois:
- Firstly, the individual convicted of a felony is serving his sentence in prison; or
- Secondly, the individual convicted of a felony is serving his prison sentence through work release or furlough; or
- Finally, the defendant has pled guilty to a felony, but is awaiting sentencing.
Can felons vote in Minnesota?
Minnesota laws operate similar to those in Illinois regarding whether felons can vote. In fact, the Minnesota Secretary of State has provided a handy list to help felons:
You can vote if…
- You were charged with or convicted of a misdemeanor or gross misdemeanor.
- You are in jail, but are not currently serving a felony sentence.
- You have been charged with a felony, but you haven’t been convicted.
- You have been given a stay of adjudication.
- You have been convicted of a felony, but are not incarcerated.
- You are on work release, even if you return to a jail facility at night.
- You are residing in a residential reentry center as a federal alternative to pretrial detention, state supervised release, or other non-incarcerated purpose. You should consult with your probation officer if you have questions about whether you are considered incarcerated while residing at the residential reentry center.
You cannot vote if…
- You are currently incarcerated serving a felony sentence in prison, jail, or (for federal felony sentences) residential reentry center.
Accordingly: Individuals currently in custody serving a felony sentence cannot vote. Individuals serving misdemeanor sentences in custody can vote. Individuals convicted of felonies but not incarcerated can vote.
What about Michigan? Can felons in Michigan vote in the election?
According to the Michigan Department of State, Michigan law operates the same as that in Minnesota. Individuals convicted of felonies that are not currently serving a sentence in custody for a felony can vote.
Finally: Iowa. Can felons vote in Iowa?
Iowa lawmakers still believe in infringing upon the rights of Americans in their state. Not all felons in Iowa have their voting rights restored after the completion of any sentence. All information below is not legal advice and simply provided by the Iowa Secretary of State:
- Individuals convicted of crimes found in Chapter 707 (homicide and related crimes) are permanently disenfranchised.
- Executive Order 7 provides all other individuals convicted of felonies in Iowa a path to restoration of his voting rights. Offenders are required to successfully complete their sentence, along with any other requirements of that sentence. Current payment of restitution, fines, court costs is not required to be restored.
What happens when a felon on probation votes?
As we’ve previously established, felons in Wisconsin cannot vote while on supervision. This includes probation, extended supervision, and parole. So what happens when a felon in Wisconsin tries to vote in this situation?
He will likely be charged with election fraud, a Class I felony. In Wisconsin, Class I felonies are punishable by up to 3.5 years in prison, $10,000.00 in fines, or both. It’s important to note that a situation resulting in these charges will likely result in media attention, as illegal election practices have been a hot political topic for the last few years.
What’s our advice? Even though an election might feel like a life-or-death situation, wait until you’re off papers to vote.
Contact Van Severen Law Office, S.C. for Wisconsin legal issues.
Wisconsin laws make it difficult for individuals convicted of felonies to vote. While permanent disenfranchisement is not an issue in our state, it’s clear that lawmakers here wanted more stringent laws regarding felon voters than nearly all of our neighbors. Compared to Michigan, Minnesota, and Illinois, where voting can happen while in probation, our laws are tougher. The reason for this remains unclear. While researching this article, and while practicing law, we haven’t ever encountered a good reason to prevent felons from voting.
Van Severen Law Office, S.C. is a Wisconsin criminal defense law firm that represents individuals facing issues in Wisconsin. We do not practice other areas of law and do not represent individuals outside of the state. The information we’ve provided regarding whether felons can vote in Michigan, Minnesota, Iowa, and Illinois is not legal advice and should not be taken as such. This information is simply a regurgitation of information publicly available on various government websites. We cannot answer questions regarding these issues for individuals not retained by our law firm.
If you are a Wisconsinite seeking representation for any criminal case, contact us at (414) 270-0202. We offer free consultations and look forward to figuring out how we can help you.