6.1 million Americans cannot vote because of felony disenfranchisement. Ultimately, these men and women across the United States have little to no political recourse for challenging the laws that took away their vote.

Rates of felon disenfranchisement vary dramatically between states. In Vermont and Maine, felons never lose their voting rights, while in others, felons regain their right to vote when the state deems they have paid their debt to society – either after they are released or after parole and/or probation. Still other states, however, do not restore voting rights to felons unless they apply for and receive a Governor’s action or court action allowing them to vote.

In addition, this disenfranchisement disproportionately affects African Americans. According to the Sentencing Project “1 of every 13 African Americans has lost their voting rights due to felony disenfranchisement laws, vs. 1 in every 56 non-black voters.”

Some states, however, have begun to look into these laws. A judge recently deemed this practice unconstitutional in Florida. Currently in Florida, convicted felons cannot vote unless they are granted restoration through a governor’s or court order. The judge stated “[Elected], partisan officials have extraordinary authority to grant or withhold the right to vote from hundreds of thousands of people without any constraints, guidelines, or standards… Its members alone must be satisfied that these citizens deserve restoration. … The question now is whether such a system passes constitutional muster. It does not.”

Similarly, New York Governor Andrew Cuomo recently announced that he “intends to restore voting rights to felons on parole, a move that could open the ballot box to more than 35,000 people.”

Despite these advancements, in many states, these disenfranchised Americans are people who have served their debt to society and yet continue to be punished well beyond their time served in prisons, jails, probation, and parole.

Ultimately, these men and women across the United States have little to no political recourse for challenging or changing the laws that took away their vote. While some of these laws address actions that will always be felonies, keep in mind that possessing marijuana can still accrue a felony in many states despite support (61% of Americans) for legalization.

Almost half (46%) of Americans are independents. Yet, many voters are barred from participating in primary contests due to their party affiliation or lack thereof. 

In his farewell address, President George Washington warned: “However [political parties] may now and then answer popular ends, they are likely in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.”

Despite this impassioned warning, the United States has developed a strong two-party system in the past two centuries, which has allowed our Founding Father’s grim vision to take hold. In fact, the last time a third-party candidate won any state’s electoral college vote for president was in 1968. Americans are ultimately given a choice between only two candidates on the day of the general election.

What makes matters worse is that a substantial number of Americans are barred from voting to decide on who those final two choices will be. According to the organization Open Primaries, thirteen states and DC hold closed primaries for presidential primaries (laws vary for congressional and states primaries.) The National Conference of State Legislatures explains that in closed primaries, “a voter seeking to vote … must first be a registered party member…. Independent or unaffiliated voters, by definition, are excluded from participating in the party nomination contests.”

In addition, other states have less strict rules but still bar certain voters from participating. According to the National Conference of State Legislatures:

Partially closed primaries: “Permits political parties to choose whether to allow unaffiliated voters or voters not registered with the party to participate in their nominating contests before each election cycle”;

Partially open primaries: “Permits voters to cross party lines, but they must either publicly declare their ballot choice or their ballot selection may be regarded as a form of registration with the corresponding party”;

Open to unaffiliated voter primaries: “Allows only unaffiliated voters to participate in any party primary they choose, but do not allow voters who are registered with one party to vote in another party’s primary.”

The only primaries that allow for total participation from all voters in the state are open primaries. There are 16 open primary states.

The map below shows which states have Closed, Mixed, or Open Primaries for presidential elections:

According to Gallup, a little under half (46%) of Americans do not identify with a political party. Only a quarter (25%) identify as Republican, and 27% identify as Democrat. This means voters are either forced to choose between a political party they may not fully identify with or they are barred from participating in many state primary elections.

If we want to consider ourselves a democracy, we should allow all of our citizens to participate fully in choosing who leads our country. Otherwise, the votes these people are allowed to cast on election day could be practically meaningless.