Key Takeaways
- Arizona law temporarily suspends the civil rights of convicted felons, including their ability to vote. Still, these rights can potentially be restored when the offender completes their sentence and pays all restitutions.
- Restoration of civil rights, like voting eligibility, is usually automatic for first-time felons who have finished their sentence. Still, applications may be required if the offense happened out-of-state or the sentence is incomplete.
- Some crimes, like treasonous or election-related felonies, may lead to a permanent ineligibility to vote. Once an application is submitted to the court, a judicial officer will decide whether a convicted felon can vote in Arizona.
- Securing legal guidance from a trusted criminal law team like the one from JacksonWhite Law can help you navigate civil rights restoration and obtain the best possible outcome.
Understanding Voting Rights for Convicted Felons in Arizona
Voting rights are a cornerstone of the United State’s democratic system, but some states restrict convicted felons from participating, causing many people to wonder, “Can felons vote in Arizona?”
Upon a felony conviction, offenders typically lose some of their civil rights, ranging from the felon’s ability to own a gun to their eligibility to vote. After serving their time, whether in jail or on probation, there is a chance the convicted felon can vote in Arizona again, assuming they meet various requirements like completely paying restitution and finishing their sentence. Still, they may have to submit an application, depending on circumstances, such as where the offense occurred.
Some situations may result in permanent disenfranchisement, especially when the offender committed a treasonous or election-related crime. Since the court will make the final decision on whether a felon can vote in Arizona, felons must hire an experienced attorney who can advocate for their rights.
Overview of Voting Rights in Arizona
ARS 16-101 outlines Arizona’s qualifications for voter registration. Some requirements you have to meet in order to be registered to vote in Arizona are:
- Be a U.S. citizen with proven citizenship in accordance with ARS 16-166.
- Be at least 18 years old on or before the next general election.
- Be able to sign or mark your name unless physically disabled.
- Do not have a treason or felony conviction unless your rights are restored.
- Not be legally declared incapacitated per ARS 14-5101.
- Live in Arizona for at least 29 days before the election unless exempted by ARS 16-126.
As noted above, convicted felons in Arizona can face restrictions on their voting rights. Thankfully, these restrictions are usually temporary and have the potential to be restored under specific conditions, meaning some felons can vote in Arizona if they meet legal requirements.
Suspension of a Felon’s Civil Rights and How it Impacts Voting
Upon the conviction of a felony, ARS 13-904 takes away various civil rights from the offender. Some rights that are temporarily suspended for felons are:
- The right to vote in elections
- The right to hold public office of trust or profit
- The right to serve as a juror
- The right to own or carry firearms
- Additional civil rights may be restricted during imprisonment if it is reasonably necessary to guarantee the prison’s security or protect public safety.
Although felons lose their civil rights during Arizona felony sentencing, whether imprisoned or on probation or parole, they may be able to get some of those rights, including their eligibility to vote, reinstated after completing all components of their sentence.
Restoring Voting Rights After a Felony Conviction
After completion of probation or an absolute discharge from imprisonment and full payment of restitutions, ARS 13-907 automatically restores most of a first-time felon’s civil rights, including their ability to vote. If the first-time felon is an Arizona resident and their offense was committed within the state, they usually do not need to submit an application to regain voting privileges. Nevertheless, other situations may require approval from the court.
For example, if the offense was committed out of state, applications must be submitted to the offender’s current county of residence, regardless of whether it was the individual’s first felony. Additionally, ARS 13-908 requires individuals with past felony convictions or unpaid victim restitution to apply to Arizona’s superior court to restore their voting eligibility and other civil rights. After reviewing the application, a judicial officer will decide whether a convicted felon can vote in Arizona.
Application Process for Civil Rights Restoration and Voting Registration
ARS 13-906 outlines the process of restoring civil rights like voting eligibility. This statute also explains that the court must inform the offender in writing and on the record about their civil rights restoration during sentencing. If eligible for automatic restoration, the court should provide details of the rights restored after completing probation or release. If ineligible, the court must explain when and how to apply for rights restoration, considering steps may differ between counties.
Applications for restoring a felon’s civil rights can be submitted by the offender, their attorney or probation officer. No filing fee is charged, but a copy needs to be sent to the county attorney or attorney general. If approved, the court clerk must inform the Department of Public Safety (DPS) about restored civil rights. Accordingly, DPS is responsible for updating the individual’s record. With voting eligibility restored, the offender can register to vote by referencing their county’s online resources, such as Maricopa County’s website.
Special Circumstances or Exceptions
The court does not always approve the restoration of civil rights, like the right to vote. Some individuals, particularly those convicted of more serious crimes like class 1 felonies in Arizona, may face permanent disenfranchisement. Some examples of offenses that may lead to a permanent ineligibility to vote are:
- Treason – Betraying the country through acts like attempting to overthrow the government.
- Election-related crimes – Participating in voter fraud, tampering with ballots or corrupting the electoral process.
- Crimes involving public trust – High-level corruption or abusing public office.
- Violent felonies – Serious crimes that involve physical violence, such as first- or second-degree murder.
If restoring the offender’s civil rights is up to the court’s discretion, the victim of the felony, if applicable, can attend and speak at the hearing to offer their opinion on whether or not the offender’s rights should be restored. If the victim requested postconviction notifications, the state’s attorney must inform them about the defendant’s application and their rights in this process under ARS 13-906.
If the court denies an application for rights restoration, it must provide written reasons. To increase a convicted felon’s chances of achieving the best possible outcome when applying for civil rights restoration, they should secure reliable legal guidance. An attorney can help them by advocating for them in the courtroom, submitting the application on their behalf and tailoring their expectations for the review process.
The Impact of Restoring Voting Rights
Restoring voting rights can send ripples through a convicted felon’s life and play a large role in their rehabilitation process. It can help them reintegrate into society by fostering a sense of responsibility and belonging—it can give them their voice back, enabling them to have a fair impact on politics again. This push toward reintegration can have butterfly effects, potentially encouraging individuals to contribute more to their community and find jobs at places that hire felons in Arizona.
Plus, allowing felons to vote can help the state of Arizona set an example, declaring that democratic participation and second chances are important. After all, one of the biggest goals of criminal law is to rehabilitate criminals and equip them to become functioning, law-abiding members of society, which should include participating in general elections.
Resources for Felons Seeking to Restore Voting Rights
Plenty of resources are available for convicted felons seeking guidance on voting rights restoration. Firstly, individuals should use government-ran voter registration status websites like the Secretary of State’s Arizona Voter Information Portal to discover if they are currently registered or not.
If not, they should contact a reliable law firm like JacksonWhite Law for personalized assistance. By calling our law team at (480) 467-4370, convicted felons can get a better idea of if they are eligible to vote or not. If you meet the requirements, our team can direct you to the appropriate county-specific site to reregister to vote, such as Maricopa County’s Voter Registration and Elections hub.
Suppose you are still on probation or have another obstacle preventing you from being eligible to register for voting in a general election. In that case, getting legal support from a criminal defense attorney in Phoenix or whichever part of Arizona you live in is the best way to get walked through the civil rights restoration process.
Find Legal Support for Voting Rights Restoration
The answer to “Can felons vote in Arizona?” varies depending on the offense and how far along the offender is in their sentencing. Usually, a convicted felon can vote in Arizona if it is their first offense, all restitutions have been paid and their probation has been completed or they have an absolute discharge from imprisonment.
Sometimes, restoration of civil rights is automated, but if the offense was committed out of state or the court-ordered sentence is incomplete, an application will determine whether a felon can vote in Arizona. If you have been convicted of a felony, the criminal defense team at JacksonWhite Law can assist you with navigating the civil rights restoration process. With their impressive legal knowledge and experience helping convicted felons vote in Arizona, our talented attorneys can make it easier for you to achieve the best result possible.
Contact the JacksonWhite criminal law team at (480) 467-4370 to explore options for civil rights restoration following a felony conviction.
