Can you vote with a felony in North Dakota?

The short answer

After prison.

In North Dakota, people lose the right to vote only while in prison for a felony. It comes back on release, including on parole or probation.

In North Dakota, a criminal record does not affect the right to vote unless the person is currently incarcerated for a felony conviction. People on probation or parole, and people convicted of a felony who are not incarcerated, may vote. North Dakota does not have voter registration, but voters must show an accepted form of ID.1,2,3

Checked October 22, 2026 against 4 sources, starting with North Dakota law, then by a second reader.

  1. In prison for a felonyCan't vote2,3
  2. On paroleCan vote3
  3. On probationCan vote3
  4. Sentence completeCan vote1,2,3
Check with North Dakota's election office

Before you register

Your state or county election office can confirm your own status, for free. Voting while ineligible can carry criminal penalties, so if anything about your case is unclear, ask them first. The general election is November 3, 2026; registration deadlines are on vote.gov.

How the right comes back

Automatically

The right is lost only 'during the term of actual incarceration' under a felony sentence (N.D. Cent. Code 12.1-33-01) and is available again on release, with no application. North Dakota does not require voter registration, so there is nothing to re-register; the Secretary of State says voters need an accepted ID showing their name, current residential address and date of birth.1,2,3

Fines, fees and restitution

Not required

N.D. Cent. Code 12.1-33-01 and 12.1-33-03 limit the loss of the right to the period of actual incarceration and set no payment condition; the Secretary of State's flyer says a criminal record does not affect voting unless the person is currently incarcerated for a felony.2,3

Registering again

No

North Dakota's rules don't call for a new registration once the right is back, but it's worth confirming yours is still active.3

Misdemeanors and jail

The Secretary of State says people charged with or convicted of a misdemeanor or gross misdemeanor may vote.3

The Secretary of State says people who have been charged with a felony but not convicted may vote.3

Convictions from another state or federal court

N.D. Cent. Code 12.1-33-03(2) says a person sentenced in another state or in federal court loses the right to vote only during actual incarceration, and that a person sentenced to imprisonment in another state or federal court who is present in North Dakota is presumed to have had the right restored; under 12.1-33-03(3), a certificate of discharge from a state with a similar law that says rights are restored is also honored.2

The law

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This page explains North Dakota's general rules from its law and election office. It isn't legal advice, and a case can turn on the details of a sentence. The election office can confirm your status.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can you vote with a felony in North Dakota?" https://secondchanceindex.com/voting-rights/north-dakota, checked October 22, 2026.

Sources

Each source was opened and checked on October 22, 2026.

  1. N.D. Const. art. II, sec. 2
  2. N.D. Cent. Code 12.1-33-01
  3. Voting With a Criminal Record (voter flyer)North Dakota Secretary of State
  4. Measures on Ballot: 2026 General ElectionNorth Dakota Secretary of State