Do the Crime, Do the Time - And Then Some: Problems with Felon Disenfranchisement and Possible Solutions
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DO THE CRIME, DO THE TIME-AND THEN SOME:
PROBLEMS WITH FELON DISENFRANCHISEMENT AND
POSSIBLE SOLUTIONS
Erin Kelly *
INTRODUCTION
F ROM its founding, America has idealized and emphasized citizen
engagement and the agency of citizens in their governance through the
right to vote. In fact, the United States Supreme Court has stated that [n]o right is
more precious in a free country than that of having a voice in the election of those
who make the laws.' Though voting is one of the basic rights of being an
American citizen and the threshold to participation in democracy, over 6.1 million
Americans are prohibited from voting due to felon disenfranchisement laws.2
Felon disenfranchisement laws prohibit an American citizen from voting because
of a prior felony conviction, regardless of how relevant said felony is to the right,
ability, or competency to vote.3 The deprivation of one's right to vote is a collateral
consequence that alienates individuals convicted of a felony, even after they are
supposed to have repaid their debt to society.4 Though Americans believe that
those who do the crime, do the time, felon disenfranchisement statutes ensure
that former felons continue to be isolated and punished even after they have left
their jail cells.
* First, I would like to thank my faculty advisor, Professor Gregory Gilchrist, for his guidance
and candor in the process of drafting this Note. Thank you also to Professor Kenneth Kilbert and
Professor Elizabeth McCuskey for consulting on essential components of this Note. Second, I would
like to thank my family, who has encouraged me throughout the Note process and is my eternal
support system. Third, I would like to thank my law school mentors and role models, Bre Hitchen,
Tom Kirkham, and Lindsey Self, who have inspired me with their brilliance, kindness, and work
ethics. Lastly, thank you to the University of Toledo Law Review Boards 50 and 51, whose work
and dedication makes this publication possible.
1. Wesberry v. Sanders, 376 U.S. 1, 17 (1964).
2. Jean Chung, Felony Disenfranchisement: A Primer, THE SENTENCING PROJECT,
https://www.sentencingproject.org/publications/felony-disenfranchisement-a-primer/ (last updated
June 2019) (comparing the rising rate of felon disenfranchisement from 1.17 million in 1976 to 6.1
million today).
3. Chung, supra note 2. See also Criminal Disenfranchisement Laws Across the United States,
BRENNAN CENTER FOR JUSTICE, https://www.brennancenter.org/criminal-disenfranchisement-laws-
across-united-states (last updated May 31, 2019) (listing the various forms of felon
disenfranchisement laws by state).
4. Eli Hager, Six States Where Felons Can't Get Food Stamps, THE MARSHALL PROJECT (Feb.
4, 2016), https://www.themarshallproject.org/2016/02/04/six-states-where-felons-can-t-get-food-
stamps.
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Do the Crime, Do the Time - And Then Some: Problems with Felon Disenfranchisement and Possible Solutions
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