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The nation is missing millions of voters due to lack of rights for former felons

Javon Jackson, center, was able to register to vote following passage of a 2019 Nevada law that restored voting rights to formerly incarcerated individuals. AP Photo/John Locher

If you gathered every American with a prison record into one contiguous territory and admitted it to the union, you would create the 12th-largest state. It would be home to at least 7 million to 8 million people and hold a dozen votes in the Electoral College.

In a close presidential race, this hypothetical state of the formerly incarcerated could decide who wins the White House.

It may sound far-fetched to conceive of former felons determining the outcome of a presidential election, not by voting but by failing to vote. But there’s a real chance they already have – not just once, but twice. That’s in addition to affecting the outcomes of some U.S. Senate and gubernatorial elections.

I am a political scientist with a long-standing interest in the question of why mass incarceration rates vary so widely across states. My 2024 book, “The Jailer’s Reckoning,” explores that question and measures its political, social and economic impacts.

One of my findings is that the sheer number of people who’ve cycled through prisons over the past 40 years is influencing election outcomes.

Scholars vigorously debate the reasons why the United States locks up more of its citizens than any other liberal democracy, or even most authoritarian regimes. Less examined are the consequences of this decades-long social experiment in mass incarceration.

The consequences, however, likely include affecting the results of close elections. Incarceration certainly plays a key role in depressing voter turnout, which lags, in no small part, because felony convictions have made so many people ineligible.

Mass incarceration has led to a fast-growing bloc of citizens who either are legally barred from voting or have just stopped bothering. Under the right circumstances, this slice of the electorate is large enough to tip an election.

Imprisonment and the franchise

Felony conviction reduces political engagement, sometimes entirely. Inmates are legally barred from voting in all but two states, Maine and Vermont. Ten states bar ex-felons from voting either permanently or for some period of time, depending on the crime, absent unusual circumstances such as a governor’s pardon.

In Idaho, Oklahoma and Texas, a criminal record means that as many as 1 in 10 citizens are ineligible to vote. Among Black Americans, that number can jump to 1 in 5.

Standing in an ornate chamber, a man in a tie talks to reporters who hold microphones and cellphones up to his face.
Republican state Sen. Warren Limmer opposed a 2023 Minnesota bill that would have restored voting rights to former felons still on parole.
AP Photo/Steve Karnowski

However, even when legally eligible, ex-convicts rarely exercise the right to vote. Turnout rates among this population may be as low as 10%. Contact with the criminal justice system lowers political trust, which in turn reduces the likelihood of political engagement among ex-convicts.

Although scholars debate the exact partisan tilt of this potential constituency, there’s a consensus that it is disproportionately Democratic. The upper end of estimates suggest that if this group showed up to the polls, 70% would cast ballots for Democrats.

Even estimates that are much lower sketch a picture of an alternative political world. In 2000, roughly 7% of Florida’s 11.7 million voting-age residents were disenfranchised due to past convictions. They represented about 800,000 potential voters.

If 10% of them had voted and, say, 55% voted Democratic for president, that would have translated to a 6,000-vote swing for Vice President Al Gore. In reality, Texas Gov. George W. Bush won the state – and with it the presidency – by 537 votes.

Florida Republicans Ron DeSantis and Rick Scott may have owed their initial, tight gubernatorial victories to felony disenfranchisement, since the outcomes could have been much different if former felons had the franchise.

In 2018, Florida voters did approve a constitutional amendment to restore voting rights automatically to most former felons. But a subsequent law requiring felons to pay off fines and fees has kept nearly 1 million Floridians from being able to vote, according to the Sentencing Project, a group that opposes mass incarceration.

An electorate in the shadows

Serving time behind bars or having a felony record is not a social anomaly. It is an increasingly normalized feature of American life.

The most careful scholarly estimate suggests that at least 20 million Americans have served time in prison or lived under felony supervision, or both. That’s now a conservative estimate, as it is based on 2010 data.

Given their lack of voting habits, the millions of people in this group constitute a vast shadow electorate, far larger than the roughly 2% of American citizens legally ineligible to vote due to being currently incarcerated.

These disenfranchised or absent voters are a quiet force with the potential to reshape American democracy. The statistical models in my book show that in statewide races this constituency represents roughly a 1- or 2-percentage-point swing.

That might not sound like much, and in single-party strongholds it is not. In genuinely competitive statewide elections, however, a percentage point or two can be decisive.

Consider the 2016 presidential election. That year, the Electoral College outcome was decided by Michigan, Pennsylvania and Wisconsin. Donald Trump won all three states by less than a percentage point. Again, the outcome could easily have been different if voting rights for former felons were a given.

The Conversation

Kevin B. Smith does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

​Politics + Society – The Conversation

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Bitter Texas Senate race forces Dems to confront racial divisions

DALLAS — James Talarico is fond of saying that the “closest thing we have to the Kingdom of Heaven is a multiracial, multicultural democracy.” But Texas’ battle royale of a Democratic Senate primary feels far from heaven.

Talarico, a white state representative, is facing off with Rep. Jasmine Crockett (D-Texas), who is Black, in a contest that’s turned increasingly bitter. It has ignited a fierce intraparty debate — with racial overtones — about what type of candidate Democrats need to nominate to win in tough places as they look to rebuild the racially diverse coalition that President Donald Trump shattered with his 2024 victory.

“Neither candidate can afford to crack Democrats’ multiracial coalition, and each candidate is going to have to work really, really hard to build, maintain and hold that coalition if they want to have any opportunity in a general election,” said Jeff Rotkoff, a veteran Texas Democratic strategist who is neutral in the race. “It is clear that from the math, in order to win Texas, you need to try to get everything right.”

In a state like Texas, Democrats will need every vote. They are desperate to win statewide after three decades of losses and fear that they could blow it this year when the environment feels riper than ever. Trump’s low approval ratings, especially with the young, Hispanic and Black voters he made strong gains with two years ago, gives them hope that flipping the Senate seat is within reach. So does the likelihood that scandal-plagued Attorney General Ken Paxton will win the GOP nomination.

The race has been fought much more over candidate style than any ideological or policy differences. Crockett, a political firebrand who spars regularly with Republicans, is focused more on turning out progressive, Black and Hispanic voters in record numbers. Talarico, a seminarian fond of quoting Jesus and the lyrics of John Prine, is pursuing a more big-tent approach that welcomes moderate Republicans and independents exhausted by abrasive GOP tactics. Those stylistic differences have led to questions from some Talarico allies about whether a candidate like Crockett can win a general election — and charges from Crockett’s supporters that those questions themselves may be racist.

Crockett famously responded to then-Rep. Marjorie Taylor Greene (R-Ga.) saying her fake eyelashes interfered with her reading ability, a comment she and others viewed as racist, in a committee hearing by slamming her “bleach blonde, bad built, butch body.” She’s also mocked Texas Gov. Greg Abbott, who uses a wheelchair, as “governor hot wheels.”

Prominent Democrats have cautioned that her pugilistic rhetoric could be a problem in the red-leaning state. Democratic strategist James Carville warned last month on his podcast, for instance, that “anybody that has any sense of humanity” would find her Abbott remark offensive (though the governor himself has embraced it, putting on a campaign bumper sticker).

The debate over whether those are real concerns or coded racism has been a hot topic among the hyper-online, drawing in prominent figures within the party and pitting Talarico and Crockett’s supporters against each other in emotional fights on social media.

Crockett’s supporters see the electability conversation as a racist and sexist dog whistle that white male candidates like Talarico never have to engage with.

“Electability is rooted in racism,” said E.J. Carrion, a Fort Worth political activist and Crockett supporter. “James [Talarico] is less threatening to people, and I think if just those people who say that actually voted for the most qualified candidate, you wouldn’t have a problem.”

The first major dustup happened in January, when the hosts of the popular podcast “Las Culturistas” urged people not to send money to Crockett because she had a history of “making it too obviously about” herself rather than the voters, a comment that hosts Matt Rogers and Bowen Yang later apologized for after a furious online response from Crockett supporters who accused them of being racist and sexist.

Tensions ratcheted up further when an influenceraccused Talarico of referring to Rep. Colin Allred as “mediocre Black man” in a private conversation. Allred, who dropped out of the Senate primary the day Crockett announced, took to Instagram to lambast Talarico for the alleged remarks, further heightening the situation.

Talarico defended himself by saying his comment was referring not to Allred’s race but to the quality of his campaign efforts against Sen. Ted Cruz (R-Texas) in 2024.

Harris County Commissioner Rodney Ellis, who is Black, said the Allred video “certainly didn’t help and it’s hard to measure how much it hurt, but I’m sure it hurts” Talarico’s standing with Black voters.

“I suspect he took it as a wake up call, and probably had to start spending more money and spending more time, and will probably be a lot more cautious,” said Ellis, a Houston power broker who endorsed Crockett.

Their primary has shown a sharp divide in support from different demographics, a sign both candidates have serious work to do if they win the nomination.

According to most polls of the race, Talarico pulls in the most white and Hispanic voters, while Crockett draws the vast majority of Black support. Polls show a mixed picture of who leads the primary. There has been little nonpartisan public polling for the general election. Talarico has polled a bit better than Crockett against their likely GOP foes in some surveys — but she appears competitive as well, especially against Paxton.

Talarico has been working hard to make inroads with Black and Hispanic voters. At a recent Dallas rally, he was introduced by Carlos Eduardo Espina, a Hispanic content creator with 14 million TikTok followers. The crowd was largely white and Hispanic.

Talarico acknowledged the current limitations of his coalition.

“We’re trying to build that, and we will build that for the general election,” Talarico said in an interview with POLITICO, as a stream of young voters waited in a snaking line to snap a photo with the candidate. “I completely understand if I’m not Black Texans’ first choice in this race, but I would love to be their close second choice. And what we’ve seen in our polling is that my approval rating among Black Texans has continued to rise: It’s at the highest point it’s ever been. They may not vote for me in this race, and that’s quite alright. I’m competing for their votes.”

He added, “But if I don’t get it in this race, I’ll hope to have it in the general election.”

For her part, polls indicate Crockett has struggled to win over many Hispanic voters, and she has faced criticism for stating in a 2024 interview that Latinos who support Trump’s immigration policies exhibit a self-hating “slave mentality.” She also said on CNN in December it’s not her goal to win over all of Trump’s supporters.

At a rally in a downtown Houston beer garden last Saturday, speaking to a crowd of mostly Black supporters and elected officials, Crockett took a jab at Talarico over his thin resume, a common attack line from her campaign in its final stretch.

“Some people say, ‘Listen, there’s no way that Texas will support a Black woman,” she said. “We are a majority-minority state, we can start there. The reality is that I didn’t run because I was a woman. I ran because I’m qualified. At the end of the day. I just happened to be Black and woman, but I am the most qualified person in this. Period.”

Crockett declined an interview for this piece. In a statement, a campaign spokesperson said that Crockett “has a broad coalition of support across demographics and is leading with key constituencies that are critical to rebuilding the winning Democratic coalition.”

“Congresswoman Crockett has built strong relations and rapport with voters across Texas long before entering this race, which is why she has such strong support and is able to energize turnout,” Crockett spokesperson Karrol Rimal said.

Asked whether he thought the concept of electability had functioned as a dog whistle in the race, Talarico said: “I guess it can be. I believe Black women are electable.”

When asked why he thought he was more electable than Crockett, Talarico said he was “concerned” when Crockett said she didn’t have to win over any Trump voters.

“I’m the only candidate in the race who has competed in a tough general election. I got elected to the statehouse by flipping a Trump district, and I held onto it after millions of dollars were spent against me, and it’s because I was able to build a big tent, a big coalition,” he said.

But he said that he thought Crockett could also win the general election — and promised he would campaign for her should she win the primary. A spokesperson for Crockett said the congresswoman has expressed she would “absolutely” support Talarico.

His team argues that the contest isn’t about the candidates’ own race and gender but about how well they can build out the diverse coalition necessary to win.

“It starts from a racial profile of one being a white candidate and one being a Black candidate, but then there’s also a difference in the philosophy, and who can actually connect with this new swing vote in Texas,” said Chuck Rocha, a 36-year veteran of Texas and Hispanic Democratic politics and a senior adviser to Talarico. “It’s not about James maximizing the white vote or Jasmine maximizing the Black vote to win a general. It’s about running a campaign that reaches across racial lines.”

Crockett is betting that she can turn out those Black and Hispanic voters who rarely show up in primaries in historic numbers. It will test whether she can translate the cultural status she earned by attacking Republicans into a surge at the ballot box. She’s running ads on BET, bar-hopping in Houston and holding rallies with prominent Black leaders. She campaigned in the Hispanic-heavy Rio Grande Valley on Thursday. Crockett’s campaign materials focus heavily on depicting her as the toughest fighter against Trump.

Her turnout operation also leans on the political power of Black churches. At a breakfast with Black faith leaders in Houston last week, Crockett walked a room full of pastors through how they could guide their congregations in the voting process. “We need you to make sure that you emphasize the importance of this election,” she told them.

Beyond the pews and in the streets, grassroots groups like Texas Organizing Project PAC are deploying members on Crockett’s behalf across major cities with a canvassing plan focused on connecting with Black and Latino voters. TOP helped Crockett get elected to the state House in 2020 in a primary she won by 90 votes, and for this primary they set a goal of knocking on 82,000 doors.

“Our theory of change in the state of Texas is that if we expand the electorate enough, driven by Black and Latino voters, we can win statewide office and we do that starting in cities and counties,” said Brianna Brown, co-executive director of TOP. “A lot of the Black folks we’re talking to at the doors, especially older Black women, are just excited about the idea that who they are is reflected back to them on a ballot and the years that they’ve waited.”

The primary is a significant test of old assumptions about the increasingly swingy Latino vote, said Mike Madrid, an anti-Trump GOP consultant and founder of the Latino Working Class Project who is neutral in the race.

“If Latino voters do break towards Crockett, then there is some evidence there’s a solidarity between voters of color, and that has been the orthodoxy of the Democratic Party for the past three decades,” Madrid said. “If Talarico wins, and if he wins by a good measurable margin, then I think that we will probably be able to finally put that to bed.”

CORRECTION: An earlier version of this article misspelled Karrol Rimal’s name and misstated the name of the Texas Organizing Project PAC.

​Politics

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