Federal Prisoners Won't Be Allowed to Vote by Mail

Misbar discovered that according to the National Conference of State Legislatures, it has been common practice in the United States to make felons ineligible to vote, in some cases permanently. This has varied from state to state. For example, in the District of Columbia, Maine, and Vermont, felons never lose their right to vote, even while they are incarcerated. However, in 11 states, felons lose their voting rights indefinitely for some crimes, or require a governor’s pardon in order for voting rights to be restored.

Biden did pass an executive order related to voting. One section of the order does pertain to prisoners: Section 9: Ensuring Access to Voter Registration for Eligible Individuals in Federal Custody. However, the order provides opportunity and information for federal prisoners to allow them to vote, but does not change whether or not they are eligible to vote. 

According to a quote in Newsweek by a spokesperson from the Brennan Center for Justice: "This order is providing opportunity and information to allow them to vote, not changing whether or not they are eligible to vote in the first place," Morales-Doyle said. "These people are eligible under whichever [state] law is applicable to them."

According to PrisonPolicy.org, of the approximately 746,000 individuals in jail on any given day, most have the right to vote. However, due to a variety of reasons including widespread misinformation about eligibility, barriers to voter registration, and challenges to casting a ballot, many cannot vote.