Editing Disfranchisement (section)

== Based on criminal conviction ==

The exclusion from [[voting]] of people otherwise eligible to vote due to conviction of a criminal offense is usually restricted to the more serious class of crimes.{{citation needed|date=October 2022}} In some common law jurisdictions, those are [[felony|felonies]], hence the popular term '''felony disenfranchisement'''. In the US, those are generally crimes of incarceration for a duration of more than a year and/or a fine exceeding $1000.{{citation needed|date=October 2022}} Jurisdictions vary as to whether they make such disfranchisement permanent, or restore suffrage after a person has served a sentence, or completed [[parole]] or [[probation]].<ref name="Bowers and Preuh">{{cite journal|last=Bowers|first=Melanie M|author2=Preuhs, Robert R|title=Collateral Consequences of a Collateral Penalty: The Negative Effect of Felon Disenfranchisement Laws on the Political Participation of Nonfelons|journal=Social Science Quarterly|date=September 2009|volume=90|issue=3|pages=722–743|doi=10.1111/j.1540-6237.2009.00640.x}}</ref> Felony disenfranchisement is one among the [[collateral consequences of criminal conviction]] and the [[loss of rights due to conviction for criminal offense]].<ref name=Siegel>{{cite journal|last=Siegel|first=Jonah A.|title=Felon Disenfranchisement and the Fight for Universal Suffrage.|journal=Social Work|date=January 1, 2011|volume=56|issue=1|pages=89–91|doi=10.1093/sw/56.1.89|pmid=21314075}}</ref>

Proponents{{who|date=October 2022}} 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.<ref>Eli L. Levine, "Does the Social Contract Justify Felony Disenfranchisement?", 1 ''Wash. U. Jur. Rev.'' 193 (2009).</ref> Opponents have argued that such disfranchisement restricts and conflicts with principles of [[universal suffrage]].<ref>{{cite web|publisher=[[Human Rights Watch]] and the Sentencing Project |url=http://www.sentencingproject.org/doc/File/FVR/fd_losingthevote.pdf |title=LOSING THE VOTE: The Impact of Felony Disenfranchisement Laws in the United States |date=October 1998 |url-status=dead |archive-url=https://web.archive.org/web/20100710055712/http://www.sentencingproject.org/doc/File/FVR/fd_losingthevote.pdf |archive-date=2010-07-10 }}</ref> Voter restrictions affect civic and communal participation in general.<ref name="Bowers and Preuh" /> 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.{{cn|date=January 2025}}

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|execution on sight]] to exclusion from community processes.<ref>{{cite web |url=https://docs.google.com/viewer?a=v&q=cache:SD7ENGyN880J:www.law.harvard.edu/students/orgs/blj/vol22/schall.pdf+outlaw+disenfranchisement+%22Common+law%22&gl=uk&pid=bl |title=pages-schall.blj.doc – Powered by Google Docs |access-date=2010-10-31 }}{{Dead link|date=August 2019 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>

===Asia and Oceania===
==== Australia ====
At [[Federation of Australia|Federation]] in Australia the ''Commonwealth Franchise Act 1902'' denied the franchise to vote to anyone 'attainted of treason, or who had been convicted and is under sentence or subject to be sentenced for any offence ... punishable by imprisonment for one year or longer'.<ref name=Hill>{{citation|title=Prisoner voting rights|first=Lisa|last=Hill|publisher=Australian Review of Public Affairs|url=http://www.australianreview.net/digest/2009/11/hill.html|archive-url=https://web.archive.org/web/20130318061231/http://www.australianreview.net/digest/2009/11/hill.html|archive-date=18 March 2013|url-status=dead|date=November 2009|access-date=29 April 2019}}</ref>

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.<ref name=Davidson>{{citation|url=http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/Publications_Archive/CIB/cib0304/04cib12|archive-url=https://web.archive.org/web/20140301121320/http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/Publications_Archive/CIB/cib0304/04cib12|archive-date=1 March 2014|title=Inside outcasts: prisoners and the right to vote in Australia|url-status=live|first=Jerome|last=Davidson|date=24 May 2004|publisher=Parliament of Australia}}</ref> A further softening occurred in 1995 when the loss of voting rights was limited to those serving a sentence of five years or longer,<ref name=Hill/><ref name=Davidson/> although earlier that year the [[Keating government]] had been planning legislation to extend voting rights to all prisoners.<ref>{{cite press release|first=Paul|last=Keating|title=For Media: Prisoner voting|date=10 July 1995|url=http://pmtranscripts.dpmc.gov.au/browse.php?did=9664|archive-url=https://web.archive.org/web/20140824135405/http://pmtranscripts.dpmc.gov.au/browse.php?did=9664|archive-date=24 August 2014|author-link=Paul Keating}}</ref> Disenfranchisement does not continue after release from jail/prison.<ref>{{Cite web|title = Prisoners|url = http://www.aec.gov.au/Enrolling_to_vote/special_category/Prisoners.htm|website = Australian Electoral Commission|access-date = 2015-06-23}}</ref>

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 [[Constitution of Australia|Australian constitution]] enshrined a limited right to vote,<ref>{{cite news|url=https://www.smh.com.au/news/national/court-gives-vote-back-to-some-inmates/2007/08/30/1188067277253.html|archive-url=https://web.archive.org/web/20080824053414/http://www.smh.com.au/news/national/court-gives-vote-back-to-some-inmates/2007/08/30/1188067277253.html|archive-date=24 August 2008|title=Court gives vote back to some inmates|date=31 August 2007|first=Jonathan|last=Pearlman|publisher=Fairfax Media|newspaper=The Sydney Morning Herald}}</ref> which meant that citizens serving relatively short prison sentences (generally less than three years) cannot be barred from voting.<ref>{{citation|url=https://www.humanrights.gov.au/publications/right-vote-not-enjoyed-equally-all-australians#fnB9a |archive-url=https://web.archive.org/web/20140814083152/https://www.humanrights.gov.au/publications/right-vote-not-enjoyed-equally-all-australians |archive-date=14 August 2014 |title=The right to vote is not enjoyed equally by all Australians: 4. Recent changes to the Electoral Laws in Australia |publisher=Australian Human Rights Commission |url-status=dead }}</ref><ref>Vicki Lee Roach v Electoral Commissioner and Commonwealth of Australia, 30 August 2007, High Court of Australia.</ref> 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.<ref>{{ Cite Legislation AU |NSW|act|peea1912|Parliamentary Electorates and Elections Act 1912|25(b)}}</ref>

==== New Zealand ====
In New Zealand, people who are in prison are not entitled to enroll while they are in prison. Persons who are convicted of electoral offenses in the past three years cannot vote or stand for office. In November 2018, the [[Supreme Court of New Zealand|New Zealand Supreme Court]] ruled that such restrictions are inconsistent with the nation's Bill of Rights.<ref>{{cite news|url=https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12156876|archive-url=https://web.archive.org/web/20190426105035/https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12156876|archive-date=26 April 2019|title=Supreme Court upholds decision saying ban on prisoner voting inconsistent with Bill of Rights|date=9 November 2018|first=Sam|last=Hurley|publisher=New Zealand Media and Entertainment|newspaper=The New Zealand Herald|access-date=29 April 2019|url-status=bot: unknown}}</ref>

On 25 June 2020 the [[Sixth Labour Government of New Zealand|Sixth Labour Government]], with support from the [[Green Party of Aotearoa|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 [[New Zealand National Party|National]] and [[ACT New Zealand|ACT]] parties.<ref>{{cite news |last1=Scotcher |first1=Katie |title=Prisoner voting bill passes in chaotic night at Parliament |url=https://www.rnz.co.nz/news/political/419769/prisoner-voting-bill-passes-in-chaotic-night-at-parliament |access-date=1 May 2025 |work=[[Radio New Zealand]] |date=25 June 2020 |archive-url=https://web.archive.org/web/20240627083259/https://www.rnz.co.nz/news/political/419769/prisoner-voting-bill-passes-in-chaotic-night-at-parliament |archive-date=27 June 2024 |url-status=live}}</ref>

On 30 April 2025, [[Minister of Justice (New Zealand)|Justice Minister]] [[Paul Goldsmith (politician)|Paul Goldsmith]] confirmed that the [[Sixth National Government of New Zealand|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 of New Zealand|High Court]] ruling and recommendations from both the [[Electoral Commission (New Zealand)|Electoral Commission]] and [[Waitangi Tribunal]] in 2024 and 2019 respectively that prisoners be allowed to vote.<ref>{{cite news |title=Prisoner voting ban to be brought back - Paul Goldsmith |url=https://www.rnz.co.nz/news/political/559446/prisoner-voting-ban-to-be-brought-back-paul-goldsmith |access-date=30 April 2025 |work=[[Radio New Zealand]] |date=30 April 2025 |archive-url=https://web.archive.org/web/20250429233624/https://www.rnz.co.nz/news/political/559446/prisoner-voting-ban-to-be-brought-back-paul-goldsmith |archive-date=29 April 2025 |url-status=live}}</ref>

==== India ====
Pursuant to Section 62 Subsection 5 of the Representation of the People Act, 1951, all convicted prisoners, detained prisoners and persons who are in police custody in India are disqualified from voting. This law has been challenged in court, most notably in the Praveen Kumar Chaudhary vs Election Commission of India case, but the plaintiffs were unsuccessful.

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”).

==== Taiwan ====
In [[Taiwan]] the abrogation of political rights is a form of punishment used in sentencing, available only for some crimes or along with a sentence of death or imprisonment for life. Rights that are suspended in such a sentence is the right to qualifications for being a public official or becoming a candidate for public office (including those by elections, national exams, or direct appointment), But still have the right to vote.<ref>[https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=C0000001 Criminal Code of the Republic of China, Article 36.]</ref>

==== China ====
In [[China]], there is a similar punishment of [[Deprivation of Political Rights]].

===== Hong Kong =====
On 8 December 2008, [[Leung Kwok Hung]] (Long Hair), member of [[Hong Kong]]'s popularly elected [[Legislative Council]] (LegCo), and two prison inmates, successfully challenged disenfranchisement provisions in the LegCo electoral laws. The court found blanket disfranchisement of prisoners to be in violation of Article 26 of the Basic Law and Article 21 of the Bill of Rights and the denial to persons in custody of access to polling stations as against the law. The government introduced a bill to repeal the provisions of the law disenfranchising persons convicted of crimes (even those against the electoral system) as well as similar ones found in other electoral laws, and it made arrangements for polling stations to be set up at detention centers and prisons. LegCo passed the bill, and it took effect from 31 October 2009, even though no major elections were held until the middle of 2011.

=== Europe ===
In general, during the recent centuries, the European countries have increasingly made suffrage more accessible. This has included retaining disenfranchisement in fewer and fewer cases, including for criminal offenses. Moreover, most European states, including most of those outside the [[European Union]], have ratified the [[European Convention on Human Rights]], and thereby agreed to respect the decisions of the [[European Court of Human Rights]].<ref>In the neutral field in Strasbourg is still wide open the play on rule of law in electoral matters: {{cite journal|last1=Buonomo|first1=Giampiero|title=Decreto Severino: c'è un giudice a Strasburgo|journal=Mondoperaio Edizione Online|date=2015|url=https://www.questia.com/projects#!/project/89429887|access-date=2019-04-29|archive-date=2016-03-24|archive-url=https://web.archive.org/web/20160324160801/https://www.questia.com/projects#!/project/89429887|url-status=dead}}</ref> In the case ''[[Hirst v United Kingdom (No 2)]]'' the Court in 2005 found general rules for automatic disfranchisements resulting from convictions to be contrary to the European Convention on Human Rights. This ruling applied equally for prisoners and for ex-convicts. It did not exclude the possibility of disfranchisement as a consequence of deliberation in individual cases (such as that of [[Mohammed Bouyeri]] {{Citation needed|date=June 2019}}). The United Kingdom has not respected this Court opinion, although it is a signatory to the convention (see below).

==== Germany ====
In [[Germany]], all convicts are allowed to vote while in prison unless the loss of the right to vote is part of the sentence; courts can only apply this sentence for specific "political" crimes ([[treason]], [[high treason]], [[electoral fraud]], intimidation of voters, etc.) and for a duration of two to five years.<ref>{{in lang|de}} [http://bundesrecht.juris.de/stgb/__45.html §45] [[StGB]], accessed July 28, 2006</ref> All convicts sentenced to at least one year in prison automatically lose the right to be elected in public elections for a duration of five years, and lose all positions they held as a result of such an election.

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.<ref>"Losing the Vote," p. 17.</ref> In Germany the disenfranchisement by special court order lasts 2–5 years after which the right to vote is reinstated. The described special court orders rarely ever occur, so that about 1-2 persons a year in all of Germany lose their right to vote this way.<ref>(in German) https://www.sueddeutsche.de/politik/deutsches-strafrecht-wahlbuerger-hinter-gittern-1.1442183</ref>

====Ireland====
For [[elections in the Republic of Ireland]], there is no disenfranchisement based on criminal conviction, and prisoners remain on the [[electoral register]] at their pre-imprisonment address.<ref name="citizensinformation">{{cite web|url=http://www.citizensinformation.ie/en/justice/prison_system/prisoners_rights.html|title=Prisoners' Rights|publisher=Citizens Information Board|access-date=25 October 2012|location=Ireland}}</ref>  Prior to 2006, the grounds for [[postal voting]] did not include imprisonment, and hence those in prison on election day were in practice unable to vote, although those on [[temporary release]] could do so.<ref name="dail20061005">{{cite web|url=http://debates.oireachtas.ie/dail/2006/10/05/00008.asp |title=Dáil Eireann - 05/Oct/2006 Electoral (Amendment) Bill 2006: Second Stage |publisher=Debates.oireachtas.ie |date=2006-10-05 |access-date=2013-11-08}}</ref><ref>{{cite news|url=http://www.independent.ie/national-news/europe-court-rules-prisoners-should-be-let-vote-in-elections-234642.html|title=Europe court rules prisoners should be let vote in elections|last=Quinn|first=Ben|author2=Conor Sweeney|date=7 October 2005|work=[[Irish Independent]]|access-date=25 October 2012}}</ref> In 2000 the [[High Court (Ireland)|High Court]] ruled that this breached the [[Constitution of Ireland|Constitution]], and the government drafted a [[Bill (proposed law)|bill]] extending postal voting to prisoners on [[Detention of suspects|remand]] or serving sentences of less than six months.<ref name="ind226084">{{cite news |url=http://www.independent.ie/national-news/goahead-for-prisoners-to-cast-vote-at-next-election-226084.html |title=Go-ahead for prisoners to cast vote at next election |last=Brady |first=Tom |date=15 December 2005 |work=[[Irish Independent]] |access-date=26 October 2012}}</ref> In 2001, the [[Supreme Court (Ireland)|Supreme Court]] overturned the High Court ruling and the bill was withdrawn.<ref name="ind226084"/><ref>Breathnach -v- Ireland & anor; [2001] IESC 59: Judgments of [http://courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/fddba2cbc75b154e80256ccc005c3756?OpenDocument Keane C.J.] and [http://courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/fded91c3fda8f0bf80256ccc00384f9a?OpenDocument Denham J.]</ref>  Following the 2005 ECHR ruling in the [[Hirst v United Kingdom (No 2)|''Hirst'' case]], the Electoral (Amendment) Act 2006 was passed to allow postal voting by all prisoners.<ref name="citizensinformation"/><ref name="dail20061005"/><ref>{{cite web|url=http://www.irishstatutebook.ie/2006/en/act/pub/0033/print.html |title=Electoral (Amendment) Act 2006 |publisher=Irishstatutebook.ie |access-date=2013-11-08}}</ref>

====Italy====
In Italy, the most serious offenses involve the loss of voting rights, while for less serious offenses disqualification the judge can choose if there will be some disenfranchisement. Recently, the ''decree Severino'' added a loss of only the right to stand for an election, against some offenders above a certain threshold of imprisonment:<ref>{{in lang|it}} [https://www.academia.edu/17100946/Dopo_la_sentenza_20_ottobre_2015 Severino: c'è un giudice a Strasburgo Mondoperaio, 21 ottobre 2015]</ref> it operates administratively, with fixed duration and without intervention of the court. Many court actions have been presented, but the electoral disputes follows antiquated rules and the danger of causes seamless in terms of eligibility<ref>{{in lang|it}} [https://www.academia.edu/11436063/Il_contenzioso_elettorale_ai_diversi_livelli_istituzionali {{lang|it|Giampiero Buonomo, Il condannato? Siede in Parlamento. Storia di un corto circuito normativo Diritto e giustizia, 22 aprile 2006}}]; {{in lang|it}} [https://www.academia.edu/11436049/Contenzioso_elettorale_ed_ineleggibilità_alla_regione_Abruzzo {{lang|it|Giampiero Buonomo, La Consulta striglia la Regione Abruzzo. Giurisdizione domestica nel mirino condannato? Diritto e giustizia, 25 marzo 2006}}].</ref> and incompatibility<ref>{{in lang|it}} [https://www.academia.edu/11435806/Incompatibilità_ratio_e_prospettive_de_jure_condendo_ {{lang|it|Giampiero Buonomo, Candidature, norme ormai anacronistiche. L’incompatibilità è uno status da rivedere Diritto e giustizia, 16 aprile 2005}}].</ref> is very high, also at local level.<ref>{{in lang|it}} [https://www.academia.edu/11436030/Incompatibilità_regionali_e_comunali_in_Sicilia {{lang|it|Giampiero Buonomo, Enti locali: le incompatibilità di Sicilia. Comune o Regione, così scatta l’aut aut Diritto e giustizia, 28 gennaio 2006}}].</ref>

==== United Kingdom ====
The [[United Kingdom]] suspends suffrage of some but not all prisoners. For example, civil prisoners sentenced for nonpayment of fines can vote. Prior to the judgment in ''[[Hirst v United Kingdom (No 2)]]'', convicted prisoners had the right to vote in law but without assistance by prison authorities, voting was unavailable to them. In Hirst, the [[European Court of Human Rights]] ruled that First Protocol Article 3 requires Member States to proactively support voting by authorized inmates.<ref name="matrixlaw">{{cite web|url=http://www.matrixlaw.co.uk/showDocument.aspx?documentId=2036|title=Matrix Chambers|publisher=matrixlaw.co.uk|access-date=2014-02-11}}{{dead link|date=September 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> In the UK, as of 2009 this policy is under review<ref>{{
cite web
 |url=http://www.justice.gov.uk/consultations/docs/prisoner-voting-rights.pdf 
 |title=Voting Rights of Convicted Prisoners Detained within the United Kingdom, Second stage consultation 
 |publisher=Ministry of Justice 
 |date=April 8, 2009 
 |access-date=July 6, 2010 
 |url-status=dead 
 |archive-url=https://web.archive.org/web/20100224074559/http://www.justice.gov.uk/consultations/docs/prisoner-voting-rights.pdf 
 |archive-date=February 24, 2010 
}}</ref> as in other European countries like Italy.<ref>{{in lang|it}} [https://www.academia.edu/12095260/Incandidabilità_alla_CEDU {{lang|it|Sul diritto elettorale, l’Europa ci guarda}},  in Diritto pubblico europeo, aprile 2015].</ref>

[[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.<ref name="uk-review"/> The consultation is to be the subject of Judicial Review proceedings in the High Court.{{when|date=April 2019}} 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.{{when|date=April 2019}}

In the United Kingdom, prohibitions from voting are codified in section 3 and 3A of the [[Representation of the People Act 1983]].<ref name = RPA83>{{cite web |url=http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=2353486 |title=Representation of the People Act 1983 (c. 2) – Statute Law Database |publisher=www.statutelaw.gov.uk |access-date=2010-10-31 }}</ref> Excluded are incarcerated criminals<ref>although not specifically felons; the distinction between felony and misdemeanor was abolished by the [[Criminal Law Act 1967]]</ref> (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 (detention)|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),<ref>42 EHHR 41</ref> 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]], [[Charles Falconer, Baron Falconer of Thoroton|Lord Falconer of Thoroton]], stated that the review may result in the UK allowing some prisoners to vote.<ref name="uk-review">{{cite news|url=http://news.bbc.co.uk/1/hi/uk/4315348.stm |title=Convicts 'will not all get vote'|work=BBC News|date= October 6, 2005| access-date= December 9, 2005}}</ref> In 2010 the UK was still reviewing the policy, following an "unprecedented warning" from the [[Council of Europe]].<ref name = update>{{cite news |url=https://www.theguardian.com/world/2010/mar/09/prisoners-vote-general-election-europe |title=Prisoners must be allowed to vote, Council of Europe warns Britain |work=guardian.co.uk |access-date=2010-10-30 |location=London |first=Alan |last=Travis |date=March 9, 2010}}</ref> The UK government position was then that:

{{blockquote|It remains the government's view that the right to vote goes to the essence of the offender's relationship with democratic society, and the removal of the right to vote in the case of some convicted prisoners can be a proportionate and proper response following conviction and imprisonment. The issue of voting rights for prisoners is one that the government takes very seriously and that remains under careful consideration.<ref name = update/>}}

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.<ref>BBC News [https://www.bbc.co.uk/news/uk-politics-20053244], 24 October 2012</ref>

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.<ref name="Felony">{{cite web|url=https://felonyfriendlyjobs.org/can-a-felon-vote/|title=What States can you vote with a Felony? - Felons|publisher=FelonyFriendly|access-date=2019-02-11|date=September 2017}}</ref>

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.<ref>{{Cite web|url=https://www.theguardian.com/politics/2017/dec/07/council-of-europe-accepts-uk-compromise-on-prisoner-voting-rights|title=Council of Europe accepts UK compromise on prisoner voting rights|last=Bowcott|first=Owen|date=2017-12-07|website=the Guardian|language=en|access-date=2018-03-05}}</ref>

====Other European countries====

Several other European countries permit disenfranchisement by special court order, including [[France]] and the [[Netherlands]].<ref>{{Cite web|url=https://www.kiesraad.nl/verkiezingen/tweede-kamer/stemmen/uitsluiting-kiesrecht|title=Uitsluiting kiesrecht|last=Kiesraad|website=www.kiesraad.nl|date=22 April 2016 |language=nl-NL|access-date=2018-11-06}}</ref>

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|the Czech Republic]], [[Denmark]], [[Finland]], [[Republic of Ireland|Ireland]], [[Latvia]], [[Lithuania]], [[Montenegro]], [[North Macedonia]], Norway, [[Serbia]], [[Spain]], [[Sweden]], [[Switzerland]], and [[Ukraine]].<ref>{{Cite news|url=https://www.bbc.com/news/uk-20447504|title=Prisoner votes by European country|date=November 22, 2019|work=[[BBC]]|archive-url=https://web.archive.org/web/20190621184820/https://www.bbc.com/news/uk-20447504|archive-date=June 21, 2019|url-status=live}}</ref>

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]].<ref>{{cite web |url= http://www.finlex.fi/en/laki/kaannokset/1998/en19980714.pdf |archive-url= https://web.archive.org/web/20050501092531/http://www.finlex.fi/en/laki/kaannokset/1998/en19980714.pdf |url-status= dead |archive-date= May 1, 2005 |title= Election Act 714/1998 |year= 1998 |website= Finlex |series= Translations of Finnish acts and decrees |publisher= Ministry of Justice, Finland |pages= 1, 24 |access-date= 25 February 2016 }}</ref>

===Middle East===
==== Israel ====
Inmates are allowed to vote in Israel and ballot boxes are present in prisons on election day. They do not suffer disfranchisement following release from prison after serving their sentence, parole, or probation. Neither courts nor prison authorities have the power to disqualify any person from exercising the right to vote in national elections, whatever the cause of imprisonment.

=== North America ===
==== Canada ====

[[Canada]] allows inmates to vote.<ref>[https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2010/index.do Sauvé v. Canada (Chief Electoral Officer), [2002<nowiki>]</nowiki> 3 SCR 519, 2002 SCC 68.]</ref><ref>[http://laws-lois.justice.gc.ca/eng/acts/E-2.01/section-245.html ''Canada Elections Act'', SC 2000, c 9, s 245.]</ref> [[Section 3 of the Canadian Charter of Rights and Freedoms]] grants "every citizen of Canada" the right to vote, without further qualification, a constitutional right upheld as to inmates in ''[[Sauvé v Canada (Chief Electoral Officer)]]'' [2002].

==== United States ====
{{Main|Felony disenfranchisement in the United States}}
{{Update|section|date=October 2022}}
Many states intentionally retract the franchise from convicted felons, but differ as to when or if the franchise can be restored. In those states, felons are also prohibited from voting in federal elections, even if their convictions were for state crimes.

[[Maine]] and [[Vermont]] allow prison inmates as well as probationers and parolees to vote.<ref name=ACLU>[https://www.aclu.org/votingrights/exoffenders/statelegispolicy2007.html American Civil Liberties Union<!-- Bot generated title -->]</ref>

Twenty states ([[Alaska]], [[Arkansas]], [[Georgia (U.S. state)|Georgia]], [[Idaho]], [[Iowa]], [[Kansas]], [[Louisiana]], [[Maryland]], [[Minnesota]], [[Missouri]], [[Nebraska]], [[Nevada]], [[New Mexico]], [[North Carolina]], [[Oklahoma]], [[South Carolina]], [[Texas]], [[Washington (state)|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.<ref name=ACLU /> 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.<ref name="SP">{{cite web|title=Felony Disenfranchisement Laws in the United States|publisher=The Sentencing Project|date=March 2011|url=http://www.sentencingproject.org/doc/publications/fd_statedisenfranchisement.pdf|url-status=dead|archive-url=https://web.archive.org/web/20120119133453/http://www.sentencingproject.org/doc/publications/fd_statedisenfranchisement.pdf|archive-date=2012-01-19}}</ref>

Fifteen states ([[Hawaii]], [[Illinois]], [[Indiana]], [[Massachusetts]], [[Michigan]], [[Montana]], [[New Hampshire]], [[New Jersey]], [[New York (state)|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.<ref name=ACLU />

Four states ([[California]], [[Colorado]], [[Connecticut]], and [[South Dakota]]) allow probationers to vote, but not inmates or parolees.<ref name=ACLU />

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.<ref name=ACLU /> Some have qualifications of this: for example, Delaware does not restore the franchise until five years after release of a person.<ref name="delaware">{{cite web|url=http://electionsncc.delaware.gov/votreg.shtml#register|title=State of Delaware - Department of Elections for New Castle County - Voter Registration|publisher=electionsncc.delaware.gov|access-date=2014-02-11|archive-date=2014-02-11|archive-url=https://web.archive.org/web/20140211183654/http://electionsncc.delaware.gov/votreg.shtml#register|url-status=dead}}</ref> Similarly, Kentucky requires that the person take action to gain restoration of the franchise.<ref name="SP"/>

One state ([[Virginia]]) permanently disfranchises persons with felony convictions.<ref name=ACLU /> 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.<ref>{{Cite web |url=https://www.nbc29.com/story/34203534/governor-mcauliffe-provides-update-on-restoration-of-rights-numbers |title=Governor McAuliffe Provides Update on Restoration of Rights Numbers - WVIR NBC29 Charlottesville News, Sports, and Weather |access-date=2019-04-14 |archive-url=https://web.archive.org/web/20190414154307/https://www.nbc29.com/story/34203534/governor-mcauliffe-provides-update-on-restoration-of-rights-numbers |archive-date=2019-04-14 |url-status=dead }}</ref>

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.

===Other countries===
In some countries, such as [[China]] and [[Portugal]], disfranchisement due to criminal conviction is an exception, meted out separately in a particular sentence. Losing voting rights is usually imposed on a person convicted of a crime against the state (see [[civil death]]) or one related to election or public office.

[[Peru]] allows inmates to vote.{{citation needed|date=September 2016}}

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.<ref>{{Cite journal|last1=Plaxton|first1=Michael|last2=Lardy|first2=Heather|date=March 2010|title=Prisoner Disenfranchisement: Four Judicial Approaches|url=https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1378&context=bjil|journal=Berkeley Journal of International Law|volume=28|issue=1|pages=101–141|access-date=December 6, 2019|via=Academic Search Complete|archive-url=https://web.archive.org/web/20150927091648/http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1378&context=bjil|archive-date=September 27, 2015|url-status=dead}}</ref>