With a Felony Conviction in the White House, States Revisit Voting Rights
Eight states are changing or considering voting rules for people with felony convictions.
BATON ROUGE, La. — President Donald Trump can serve in the White House despite a felony conviction, while Americans convicted of felonies face different state laws governing when they can regain their right to vote.
The contrast underscores a distinction in American law: A felony conviction is not, by itself, a constitutional disqualification for the presidency, but state laws can restrict voting rights based on a person's conviction, incarceration history, and sentence status.
In May 2024, a New York jury convicted Trump on 34 felony counts of falsifying business records. In January 2025, he received an unconditional discharge, meaning the court imposed no jail time, probation, or fine in that case. The conviction remained in place after sentencing.
The U.S. Constitution establishes three principal qualifications for the presidency: candidates must be natural-born U.S. citizens, at least 35 years old, and residents of the United States for at least 14 years. A felony conviction is not among those qualifications.
Voting eligibility is governed by a different legal framework, with states setting most of the rules determining whether people convicted of felonies can register and cast ballots.
In 2026, at least eight states — Alabama, Delaware, Idaho, Maryland, Missouri, Oklahoma, Tennessee and Virginia — enacted or advanced legislation addressing voting rights for people with felony convictions or people who are incarcerated, according to the National Conference of State Legislatures.
The measures vary. Some ease the path to voting, others clarify restoration procedures, and some retain restrictions for particular offenses.
States take different approaches
The national landscape remains divided. According to the National Conference of State Legislatures, 23 states automatically restore voting rights upon release from incarceration for a felony conviction. Fifteen require additional steps, typically completion of probation or parole. In 10 states, certain convictions can result in indefinite disenfranchisement or additional restoration requirements.
Maine, Vermont and the District of Columbia allow people with felony convictions to vote even while incarcerated.
Missouri enacted House Bill 1871, which specifies certain felony offenses for which people must complete probation or parole before regaining voting rights. People convicted of other felonies may vote before completing those terms if they meet the applicable eligibility requirements. The law took effect in August 2026.
In Alabama, a law effective Oct. 1 requires the Board of Pardons and Paroles to publish voting-rights restoration procedures and an application on its website. It also requires the agency to post identifying information for probationers and parolees whose voting rights have been restored.
Oklahoma enacted House Bill 4113 to clarify eligibility requirements for people with felony convictions seeking to register after completing their sentences. The law takes effect Nov. 1.
Tennessee revised requirements concerning certain fines and child support obligations for people seeking restoration of voting rights. Under the revised provisions, applicants must have complied with child support orders during the preceding 12 months.
Idaho enacted legislation prohibiting people convicted of treason in another state or jurisdiction from registering or voting in Idaho, even after completing their sentences.
Virginia voters face a constitutional decision
Virginia voters are scheduled to decide Nov. 3 whether to approve a constitutional amendment that would automatically restore voting rights to people with felony convictions upon release from incarceration.
Under the existing system, restoration generally requires action by the governor or another authorized authority. The proposed amendment would make restoration automatic upon release.
Lawmakers also approved legislation intended to align state law with the proposed constitutional change. The statutory changes are contingent on voter approval and are scheduled to take effect in January 2027.
Delaware lawmakers advanced a proposed constitutional amendment that would limit the loss of voting rights to the period of imprisonment, or until a pardon, rather than requiring completion of the full sentence, including probation and payment of fines. The proposal must pass the legislature again in a subsequent session before taking effect.
Maryland enacted legislation requiring corrections officials to provide election administrators with monthly information about people released from state correctional facilities. Beginning by Jan. 1, 2028, election officials must use that information to restore eligible individuals' voter registrations automatically.
What Louisiana law says
Louisiana has its own rules governing voting eligibility after a felony conviction. The law does not simply require every person to complete probation and parole before voting rights can return.
Under Louisiana Revised Statutes 18:102, a person generally cannot register or vote while under an order of imprisonment for a felony conviction. However, an exception allows certain people who have not been incarcerated under that order during the preceding five years to register and vote, even if they remain under the order.
The exception does not apply to people under an order of imprisonment for a felony election-fraud offense or another election offense covered by the statute. Applicants must also meet the state's other voter eligibility requirements.
The Louisiana Department of Public Safety and Corrections explains that eligible people seeking reinstatement of a suspended registration must obtain the required voting-rights certification from their probation and parole district office. First-time applicants do not need that certification, although other eligibility and documentation requirements may apply.
The department's official voting-rights guidance outlines the requirements for people seeking to register after a felony conviction.
For Louisiana residents, the distinction matters: Completing a prison term does not necessarily mean voter registration will be restored automatically. People should verify their eligibility and documentation requirements with election officials.
A continuing debate over citizenship and punishment
The state-level changes reflect competing views about criminal punishment, rehabilitation and democratic participation.
Supporters of restoring voting rights argue that voting helps people returning from incarceration reconnect with their communities and participate in public decisions. Others favor retaining restrictions for certain convictions or requiring completion of additional sentencing conditions before voting rights return.
The 2026 legislative activity does not establish a single national standard. Instead, it demonstrates that voting eligibility after a felony conviction continues to depend heavily on state law.
The comparison with presidential eligibility highlights the legal distinction between qualifications for holding the nation's highest office and rules governing participation in elections. The two are governed by different legal standards.
For people with felony convictions, the practical question is whether they qualify to vote under the law of the state where they live, given their conviction, incarceration history and sentence status.
As lawmakers continue to reconsider those rules, the debate raises a broader question about American democracy: How should the nation balance criminal accountability with the right of eligible citizens to participate in choosing their leaders?
