Can you vote with a felony in Ohio?

How the right comes back

Automatically

Eligibility returns on release from incarceration, with no application: Ohio Rev. Code 2961.01(A)(2) makes a person competent to be an elector while on parole, judicial release, a non-jail community control sanction or post-release control, and after final discharge, and says a full pardon restores the rights forfeited under that section. The Secretary of State says a person whose registration was canceled due to incarceration must re-register by the registration deadline before voting again. The exception is people disfranchised under Ohio Rev. Code 3599.39 (a second conviction for violating Ohio election law), whom the Secretary of State describes as permanently barred from voting in Ohio; the official pages opened do not describe a way to restore that right.^1,3,4

When the right doesn't come back on its own

• A second conviction for violating Ohio election law (Ohio Rev. Code Title XXXV)

Ohio Rev. Code 3599.39 makes a second conviction for violating any provision of Ohio's election law (Title XXXV), whether or not for the same offense, a fourth-degree felony, and says the person 'shall be disfranchised'. The statute states no time limit, and the Secretary of State's FAQ says people with two convictions for violating election laws are permanently barred from voting in Ohio, so this applies during and after any sentence, including on parole or probation.^2,4

Fines, fees and restitution

Not required

Ohio Rev. Code 2961.01 ties eligibility to release status (parole, community control, post-release control, final discharge), not to payment, and the Secretary of State's FAQ lists no payment condition for people on probation, parole or community control or who have completed their sentence.^1,4

Registering again

Yes

Once the right is back, Ohio requires a new voter registration before voting.^3,4

Misdemeanors and jail

The Secretary of State says a person convicted of a misdemeanor keeps the right to vote. The one exception tied to election crimes is Ohio Rev. Code 3599.39: a second election-law conviction is itself a fourth-degree felony and carries permanent disfranchisement, even if the first election-law conviction was a misdemeanor.^1,2,4

Ohio Rev. Code 2961.01(A)(1) takes away the right only once a guilty plea to a felony is accepted or a guilty verdict or finding is returned, and the Secretary of State's FAQ bars people 'currently incarcerated for a felony conviction'. The official pages opened do not separately address people held in jail who have not been convicted.^1,4

Convictions from another state or federal court

Ohio Rev. Code 2961.01 applies to felony convictions under the laws of Ohio, any other state, or the United States, and the Secretary of State's FAQ refers to incarceration for a felony conviction 'under state or federal law'.^1,3,4

The law

• Ohio Rev. Code 2961.01
• Ohio Rev. Code 3599.39
• Ohio Rev. Code 3503.21(A)(4)

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