By: Caroline Woodson, ‘26 Political Science, Democracy Fellow, Erin Harris, ‘25 Political Science and Communications, Democracy Fellow, Emma Sellers, ‘26 International Affairs and Anthropology, Democracy Fellow, Mia Buswell, ‘25 International Affairs, Democracy Fellow
Throughout our nation’s history various demographics have continuously fought for their right to vote. The United States (US) Constitution requires that an individual satisfy two requirements in order to qualify as an eligible voter (History, 2023). These requirements include: Legal status as a US citizen and being age 18 or older. However; states are given discretion when creating their constitutions and often contain state specific requirements and restrictions surrounding voting.
Harsh state voting requirements can lead to voter disenfranchisement. This was most prevalent in the 19th and 20th centuries. Legislatures during this time strove to concentrate the right to vote among white elites (History, 2023) . After the enactment of the 15th and 19th amendment, which gave black men and women the right to vote, legislatures began to create laws that would not ban, but limit access to voting. The limitations of these laws differ by severity based on state. For example, in 1896 Louisiana passed a “grandfather clause” that would prevent former enslaved people and their descendants from voting (Brennan Center for Justice, 2021). As a result, the percentage of black voters fell 42.8%. Later, Alabama, Mississippi, South Carolina, and Virginia followed suit and enacted similar “grandfather” clauses that would systematically target African American voters.
Felony voter restrictions are systemic barriers that are commonly overlooked and affect people who possess a criminal record. Each state enforces different laws regarding the restoration of voting rights for incarcerated people. States like Alabama and Tennessee determine the restoration of voting rights for incarcerated people based on the completion of the sentence and the severity of the felony charge, while states like Oregon and Washington bar all incarcerated individuals from voting and restoring their voting rights upon their release (The Sentencing Project, 2024). Maine and Vermont allow all incarcerated individuals to vote while serving their sentences. It is estimated that annually 4.4 million eligible voters are barred from voting due to policies that restrict the voting rights of people with felony convictions (The Sentencing Project, 2022).
Some states, including Virginia, require felons to apply for the restoration of their rights after they have been released (The Washington Post, 2023). The process of applying for the restoration of rights requires resources and money, thus serving another barrier to voting participation. This new legislation makes Virginia one of three states in the country to institute a system that could result in the permanent disenfranchisement of felons. Supporters assert that applying for the right to franchise contributes to restoring people convicted of felonies as “members of society”. Critics of this new legislation assert that the application process and associated fees could serve as an unattainable barrier for certain individuals.
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