Can convicted felons vote in South Carolina?
“Felony disenfranchisement” laws across the country prevent over 5.85 million Americans from voting in the U.S., giving them no say in who represents them and no voice in the decisions that, for example, create the laws that resulted in their convictions or prison sentences.
Most states, including South Carolina, treat voting as a privilege that can be revoked by the government instead of a fundamental right to representation and a voice in their government. This must change, but who will speak for the people who have no representation in our government?
In this article, we will cover the basics of South Carolina’s rules for voting for people who have been convicted of crimes, including:
- When convicted felons can vote in SC,
- When a person convicted of a misdemeanor can vote in SC, and
- How to register to vote if you are in jail or if you have criminal convictions in SC.
Felony Disenfranchisement: Can Convicted Felons Vote in SC?
All convicted felons are not barred from voting in South Carolina, but convicted felons who are incarcerated or still on probation or parole are disenfranchised as well as people who have been convicted of misdemeanors and are incarcerated.
Can Convicted Felons Vote in SC?
Anyone who is convicted of a felony offense in South Carolina is barred from voting until they have completed their sentence, which means that a convicted felon cannot vote if they are:
- In prison serving their sentence,
- On parole or community supervision after release from prison, or
- On probation, whether or not they were incarcerated.
Once you have completed your sentence, however, including any probationary sentence, parole, or community supervision, you can re-register to vote – note that you are not automatically re-registered to vote in SC, and you must take action to re-register.
Can a Person Who Was Convicted of a Misdemeanor Vote in SC?
Any person who is convicted of a misdemeanor offense in South Carolina is prevented from voting, but only while they are incarcerated.
You can be placed on probation or paroled after incarceration for some misdemeanor offenses in South Carolina, but SC election law only prohibits you from voting if you are on probation or parole for a felony offense.
There is one exception to SC’s misdemeanor rule – if someone has been convicted of a misdemeanor involving election law, they cannot vote until they have completed their sentence, including probation or parole.
What is the Impact of Felony Disenfranchisement on Voting Rights in America?
According to the ACLU of South Carolina, felony disenfranchisement laws across the country prevent more than 5.3 million Americans from voting at any given time.
For example:
- 48 states prevent incarcerated people from voting – only Maine and Vermont allow inmates to vote,
- Eight states permanently ban certain individuals with felony convictions from voting,
- Two states permanently ban all individuals with felony convictions from voting,
- Most people who are denied their right to vote for criminal convictions are living in their communities on probation or parole,
- 1 million Americans who are denied their right to vote have finished their sentences, are not incarcerated, are not on probation or parole, and are working, paying taxes, and contributing to their communities with no say in their government, and
- Approximately one in 49 adults are disenfranchised in the U.S. due to a criminal conviction.
What is the impact on communities of color? There is a disproportionate disenfranchisement of African American voters:
- 5 million African American men are barred from voting in the U.S. – a rate seven times the national average,
- In South Carolina, one in every 27 African American voters are disenfranchised, compared to one in 65 of all SC voters, and
- 64% of South Carolina’s disenfranchised voters are African American, although African Americans only make up 27% of the population.
How Do I Register to Vote in SC if I Have Criminal Convictions?
Once you have completed your entire sentence, including probation or parole (for a convicted felon), or once you have been released from jail (for a person convicted of a misdemeanor offense), you can re-register to vote.
Note that, if you were registered to vote before, you are no longer registered to vote, and you must re-register 30 days before the election or you will still be prohibited from voting.
How do you register to vote in South Carolina?
Before registering to vote, ensure that you have either a S.C. driver’s license or State ID card from the DMV, and ensure that the DMV has your correct current address. You can then register to vote by:
- Registering online at gov,
- Downloading and printing an application and mailing, faxing, or emailing it to your county’s voter registration office, or
- Registering in person at your county’s voter registration office.
Although it is not required, it is a good idea to attach copies of documentation that your sentence has been completed and submit the documentation along with your voter registration application.
Can I Vote if I am in Jail in South Carolina?
If you are in jail serving a sentence for a misdemeanor or felony conviction, you cannot vote in South Carolina.
If you are in jail for another reason, like pretrial detention for an offense that you have been charged with but not convicted of, civil contempt of court, or child support, you can vote, but you may require some assistance.
How Do I Register to Vote if I am in Jail?
If you are in jail awaiting trial but have not been convicted, or if you have been jailed for failing to pay child support, you can still vote.
How do you vote if you are in jail?
- You or a family member must request an absentee ballot from the voter registration office,
- You must fill out and return the absentee ballot request to the voter registration office,
- You can have the absentee ballot mailed to you at the jail, or a family member could print the ballot and mail it to you at the jail, and
- You must fill out the absentee ballot and mail it back to the voter registration office by 7:00 pm on election day, or
- You could have someone deliver the ballot to the voter registration office for you if you have completed an authorization form that is available from the voter registration office.
Criminal Defense Lawyers in Columbia, SC, and Myrtle Beach, SC
The criminal defense attorneys at the Thompson & Hiller Defense Firm focus exclusively on criminal defense cases in SC. We have obtained dismissals, pre-trial diversion resulting in dismissals, or acquittals following trial in hundreds of criminal cases, and we have a record of proven results.
We accept criminal defenses cases in Columbia, SC as well as Myrtle Beach, SC and the surrounding areas, with offices in both locations to better serve your needs.
If you have been charged with a crime in SC or if you think you may be under investigation, call us now at 843-444-6122 or contact us through our website for a free initial consultation to find out if we can help.
