If you have been convicted of a felony in Colorado, you temporarily lose your right to vote. However, voting rights can be restored depending on the type of conviction and sentence. This article explains felony disenfranchisement and re-enfranchisement laws in Colorado, who loses their right to vote with a felony conviction, and how to restore voting eligibility after a felony sentence.
Losing the ability to vote is one of the many collateral consequences of a felony conviction. However, voting is a fundamental civil liberty in a democratic society, so restoring suffrage rights is an important part of reintegrating citizens with past convictions. Understanding the process and how a felony defense attorney can help will empower people to regain this essential right of citizenship.
Felony Convictions and Voting Rights in Colorado
In Colorado, people convicted of felonies lose their right to vote while serving their sentence in prison. However, voting rights are automatically restored upon completion of the prison term.
This means felons in Colorado can register to vote and vote while on parole or probation. They do not need to apply to restore their voting rights after release from prison.
Specifically, the following policies apply to felon voting in Colorado:
- Felons lose their right to vote upon conviction and during their term of imprisonment only.
- Felons remain eligible to vote if they are awaiting trial, out on bail or bond, in jail for a felony or misdemeanor, or only sentenced to probation.
- Once released from prison, felons can register to vote like any other citizen without going through an additional restoration process. Their right to vote is automatically restored.
- Felons on parole or probation in the community can register and vote. Their voting rights are not suspended during these phases of their sentence.
In summary, only incarcerated felons cannot vote in Colorado. Upon release from prison, the right to vote is immediately and automatically restored.
Why Do States Restrict Felon Voting Rights?
Supporters of felon voting restrictions argue that people who commit serious crimes have violated social norms and lost their right to participate in governing society through elections.
Some key arguments in favor of limiting felon voting include:
- Felons have shown poor judgment or character by committing serious crimes. Therefore, they should not have a voice in important political decisions.
- Removing voting rights is an appropriate punishment that is proportional to the severity of their crimes.
- Restoring rights like voting should be earned through completing sentences and demonstrating rehabilitation.
However, opponents of felon voting bans point out:
- Once released from prison, felons have “paid their debt to society” and should regain full rights.
- Research shows disenfranchisement policies do not deter crime or impact recidivism rates.
- Limiting participation in voting disproportionately impacts minority groups and communities.
- Voting promotes civic engagement and successful reentry into society for ex-offenders.
How Many Citizens Lose Voting Rights from Felony Convictions in Colorado?
In Colorado, as of 2023, an estimated 17,455 individuals are disenfranchised due to felony convictions, which represents about 0.42% of the state’s voting-age population.
Nationwide, one estimate puts the number at 4..6 million U.S. citizens barred from voting due to current or past felony convictions. So around 2% of the total U.S. voting age population lacks voting rights due to disenfranchisement policies that vary widely between states.
What Steps Are Required to Restore Voting Rights in Colorado After a Felony Sentence?
The good news for Colorado citizens who complete felony probation or parole is that voting rights are restored automatically. Unlike other states, Colorado does not require any special application, paperwork, or appeal to reinstate voting eligibility after finishing a felony sentence.
- Once completely “off paper,” no further action is required – voting status is restored to pre-conviction eligibility. So people with past felony convictions in Colorado can and should re-register to vote.
- To register, you must attest under penalty of perjury that your voting rights have been restored. Providing false information on a voter registration form could result in criminal charges. So double check your status before registering again.
- You can register to vote online through the Colorado Secretary of State’s website or by filling out a paper voter registration form.
- Check your registration well ahead of the next election you want to vote in to make sure it was properly processed.
Why Is it Important for Citizens with Felony Convictions to Vote?
Beyond exercising a fundamental civil right, voting gives citizens direct influence over policies and lawmakers that shape our society. Felony disenfranchisement laws disproportionately impact minority communities.
Restoring voting rights helps reintegrate hundreds of thousands of Americans living and working in society after serving felony sentences. It gives them a voice in the democratic process. Voter participation can also reduce recidivism by encouraging civic responsibility and providing incentive to obey laws.
Can You Vote in Colorado With an Out-of-State Felony Conviction?
It depends. The impact on voting eligibility of an out-of-state felony conviction depends on the laws of that state.
- If voting rights were lost permanently in the state of conviction, they are also lost permanently in Colorado. You cannot regain eligibility in Colorado if barred indefinitely in the state of conviction.
- If voting rights can eventually be restored in the state of conviction, they can eventually be restored in Colorado as well. But you may need to navigate the restoration process in the other state first.
- Check the voting restoration laws and process for the specific state where you were convicted. The Sentencing Project is a great resource for state-by-state information.
What Other Civil Rights Are Lost and Regained with a Felony Conviction?
In addition to disenfranchisement, other civil penalties and disqualifications often accompany a felony conviction. These “invisible punishments” contribute to stigma and create barriers to reentry and productive citizenship.
- In Colorado and other states, felony convictions can limit eligibility for federal student loans and grants for higher education. Restrictions apply during incarceration, parole, probation and sometimes after.
- A past felony conviction can hinder job and housing applications. Employers and landlords often require disclosure and perform background checks that turn up criminal records. Discrimination protections vary by state.
- Gun ownership and possession rights are revoked with felony convictions in Colorado and most states. Restoration of federal firearm rights is possible but requires petitioning the court.
Losing these rights and opportunities magnifies the barriers to stability and rehabilitation faced by those who have already served their sentence.
Let Right Law Group Help Protect Your Voting Rights
Felon voting policies remain a frequently misunderstood and evolving area of election law. The status of your voting rights depends foremost on the laws in place in the state where your conviction occurred. For help understanding your personal situation, consult with a Colorado Springs criminal defense attorney.
The attorneys at Right Law Group have extensive experience navigating felony convictions and restoring civil rights, including the right to vote. We can review your specific criminal record and background and determine your eligibility to participate in elections in Colorado or any state where you previously faced charges.