You asked for a summary of Connecticut's laws on the forfeiture and restoration of voter privileges for convicted felons, a description of their implementation, the number of people affected by the provisions, and a description of other states' laws in this area.

SUMMARY

Connecticut law requires a convicted felon to give up his right to vote, but it can be restored upon satisfaction of the terms of his sentence. The federal and state judicial departments send to the Office of the Secretary of the State the names and addresses of convicted felons. The secretary receives an average of 800 names each month. The secretary then forwards the names to election officials in the towns where the felons live. The town registrars of voters send a certified letter to the individuals on the voter registry list telling them that they will be removed. A person subject to removal has 10 days to appeal. If the registrars receive no response, they remove the name from the voter list.

A convicted felon can regain the right to vote by applying to register again and showing proof that he has completed his punishment. In 1996, the General Assembly enacted a law requiring the Judicial Department, Commissioner of Correction, and Board of Parole to establish procedures to inform convicted felons that they can have their electoral privileges restored. The Judicial Branch notifies convicted felons at the time of sentencing that they will become eligible to vote again once their sentence is complete or when they are off probation. The Board of Parole's initial application for parole includes the same notification. Inmates released from the Department of Correction's (DOC) custody receive a letter telling them how to restore their voting rights. Finally, the secretary of the state sends to nonprofit groups working with former prisoners, parolees, and people on probation information on how those who have lost their voting rights can register again.

Forty-eight states require convicted felons to forfeit their voting rights, including three states where forfeiture is required only for a few specified felonies. Massachusetts requires forfeiture only for corrupt election practices. In Tennessee, forfeiture occurs only for an "infamous crime" and Utah requires forfeit only for the felons who commit treason, bribery, or election fraud. Maine and Vermont are the only states that do not require any forfeiture.

Most states that require forfeiture provide for restoration at final discharge or upon completion of any period of incarceration, but 13 states take away most convicted felons' right to vote for life. Where rights are restored, the person must submit a new voter registration application. This report provides detailed information on the time at which rights may be restored and restoration procedures in five states (Connecticut, New Hampshire, New Jersey, New York, and Rhode Island).

VOTING RIGHTS OF CONVICTED FELONS―CONNECTICUT

Forfeiture

A person forfeits his right to be or become an elector (a voter) upon conviction of a felony (CGS § 9-46).

Restoration

The law allows the right to vote to be restored if the convicted felon has paid the penalty for his crime, that is, after he has paid all fines that were charged and completed any time served in prison, on parole, or on probation (CGS § 9-46a).

FORFEITURE PROCEDURES

Federal and state judicial departments notify the secretary of the state's office of the names and addresses of those who have been convicted of felonies. By the 15^th of each month, the state Judicial Branch must give the secretary a list of all felons who, during the prior calendar month, were convicted in Superior Court. The monthly report, "Summary of Felony Case Dispositions by Defendant, Address, Town," shows any fine imposed, prison sentence, or length of probation. The list has an average of 800 names per month, according to Tom Ferguson, Director of the Elections Division.

The secretary forwards the information to the towns where the felons resided when they were convicted (or to election officials in other states for out-of-state felons). The address in the report is the one the individual gives to the Judicial Branch, even though the person may be registered to vote in another town. In that case, the registrars in that town would not know to remove the felon's name. Mr. Ferguson has raised this issue with the Judicial Branch, but they have not resolved the problem. Not everyone on the list is a registered voter, but registrars much check for each name on their registry lists. The secretary's letter includes instructions to "erase such name from the registry list" for each person registered to vote in the jurisdiction (see attached copies of letter and list).

The secretary suggests that registrars notify those who are listed, by certified mail, that they are subject to removal. A person can appeal the forfeiture within 10 days. If the person does not respond or fails to show why his name should not be removed, the registrars are instructed to remove the name from the list.

RESTORATION PROCEDURES

A felon regains the right to vote by (1) contacting any voter registration official and (2) providing written or other satisfactory proof that he has been discharged from confinement, probation, or parole and has paid all conviction-related fines. The person must complete an application (voter registration) form that requires him to swear that his privileges as an elector are not forfeited because he has been convicted of a felony. At that point, the official would ask him to submit proof that he has served or paid his penalty. Depending on the nature of the sentence, proof might be a cash receipt for payment of a fine, a letter from Adult Probation concerning completion of probation, a letter from the Judicial Branch about completion of a conditional discharge, or documentation from DOC or the Board of Parole concerning completion of a sentence.

The Judicial Branch, DOC, and Parole Board each must establish procedures for informing the felons under their jurisdiction who are eligible to have their electoral privileges restored of the restoration procedure. When a person has been admitted as a registered voter, the registrar in the town where he lives has 30 days to notify the registrar in the town where the person lived when he committed the crime that he is again a registered voter.

Judicial Branch

At the time of sentencing, the Judicial Branch gives each convicted felon a notice that his voting rights are forfeited and a description of the restoration process (copy attached). The "Restoration of Electoral Privileges" lists the documentation that the felon must keep to present for restoration.

Department of Correction

Upon his release from a correctional facility, DOC gives an inmate a letter with instructions on how to restore his voting privileges. The form contains the full text of CGS § 9-46a and certifies that the person named in the form has completed his sentence and been discharged from DOC custody. A copy of the form is attached.

Board of Parole

The Board of Parole's initial application form for parole includes the notice that, once a person is discharged from parole, he may be eligible to have his electoral privileges restored. The "Application and Release of Information for Parole Consideration" form is the official notification the board provides. Even those whose request for parole is denied receive it. A copy of the form is attached.

The form states that

When their period of parole is completed, a parole officer may remind parolees that they may be able to register to vote; but the parole board staff would not know whether an individual has completed all of his obligations to the court.

Secretary of the State

Though the secretary of the state has no statutory duties with respect to restoration of voters' rights, the office conducts an outreach effort to inform convicted felons that their voting rights are not permanently surrendered. The office contacts nonprofit organizations that work with former prisoners and distributes posters and handouts that they can use for educational purposes (copies are attached). The information includes an explanation of the law and clear instructions on how to restore voting rights after completing a prison sentence and probation.

OTHER STATES

Forty-eight states authorize the forfeiture of voting rights for felony convictions. In three of them, only certain felonies result in forfeiture (see Table 1).

Table 1: Certain Felonies that Result in Forfeiture

According to "Intended and Unintended Consequences: State Racial Disparities in Imprisonment," a 1997 study by the Sentencing Project, 13 states permanently ban all felons from voting. Those states are listed in Table 2.

Table 2: States Without Restoration Provisions

In 35 states, those convicted of a felony can have their voting rights restored after completing their sentence. Table 3 shows the time period and procedure for restoring voting rights in Connecticut, New Hampshire, New Jersey, New York, and Rhode Island.

Table 3: Restoration of Voting Privileges in Five States

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