50-State Report on Re-Enfranchisement – A Guide to Restoring Your Right to Vote A Resource for Individuals with Felony Convictions and Advocates who Work with Disenfranchised Communities A report issued by the Lawyers’ Committee for Civil Rights Under Law Written and researched by the Lawyers’ Committee for Civil Rights Under Law and the law firm of Kilpatrick Stockton LLP Acknowledgements The Lawyers’ Committee for Civil Rights Under Law would like to thank the law firm of Kilpatrick Stockton LLP and particularly David Adams, John Alemanni, Chris Chan, Laurisa Curran, Jim Ewing, Bruce Gray, Debbie Segal, Tywanda Harris, Afi Johnson-Parris, Janina Malone, Aleta Mills, and Michael Turton for their excellent research and writing. We would also like to thank our staff and interns for their commendable research, writing and editing. In particular, we would like to thank Cara Fineman, Anita Earls, Lori Outzs Borgen, Jon Greenbaum, Jonah Goldman, Nancy Anderson, Chiraag Bains, Daniel Savery, Dotie Joseph, Elizabeth Weyant, Emily Benfer, Eva Gunasekera, Samuel Spital, Synta Keeling, and Narendra Gosh. The importance of this report continues to grow, as we learn of more and more individuals with felony convictions from across the country who do not know whether or not they have the right to vote. We hope that this report will be distributed widely. To download individual state reports, please visit the Lawyers’ Committee’s website at www.lawyerscomm.org. RESTORE YOUR RIGHT TO VOTE IN ALABAMA FOR WHAT CRIMES OR TYPES OF CRIMES CAN I LOSE MY RIGHT TO VOTE? Persons convicted of crimes involving “moral turpitude” are prohibited from voting in Alabama. This includes all felonies and some misdemeanor crimes, including: · intent to defraud · theft and attempted theft · receipt of stolen property · bad checks · domestic violence · fraud · desertion from the military For a complete list of crimes involving moral turpitude you should check with your probation or parole officer. CAN I VOTE WHILE I'M INCARCERATED? No. CAN I VOTE WHILE I'M ON PROBATION? No. CAN I VOTE WHILE I'M ON PAROLE? Maybe. You can apply to restore your voting rights after completion of 3 consecutive years of successful parole. Your application must be based on innocence and requires the approval of the sentencing court and/or prosecuting attorney. CAN MY RIGHT TO VOTE BE TAKEN AWAY PERMANENTLY? Yes, unless you apply for and are granted a pardon or a Certificate of Eligibility to Register to Vote from the Alabama Board of Pardons and Paroles. HOW DO I RESTORE MY RIGHT TO VOTE? You must receive a Certificate of Eligibility to Register to Vote. If you are not eligible for a Certificate of Eligibility to Register to Vote, you must receive a pardon to regain your right to vote. WHEN AM I ELIGIBLE TO APPLY FOR A CERTIFICATE OF ELIGIBILITY TO REGISTER TO VOTE OR A PARDON? You are eligible to apply for a Certificate of Eligibility to Register to Vote if you: 1) do not have felony criminal charges pending; and 2) have paid all fines, court costs, fees and victim restitution ordered by the sentencing court; 3) have either been released upon completion of sentence; 4) have been pardoned; or 5) have successfully completed probation or parole; and 6) were not convicted of any of the following crimes: impeachment, treason, murder, rape, sodomy, sexual abuse, incest, sexual torture, enticing a child to enter a vehicle for immoral purposes, soliciting a child by computer, production of obscene matter involving a minor, production or possession of obscene matter, parents or guardians permitting children to engage in obscene matter, or possession with intent to distribute child pornography. If you are not eligible for a Certificate of Eligibility to Vote, you must apply for a pardon to restore you right to vote. You are eligible to apply for a pardon: (1) after completion of a state or federal parole period; (2) after completion of a state or federal probation period; (3) after completion of a state jail sentence; (4) after completion of a full penitentiary sentence or federal sentence; or (5) after three years of successful parole in Alabama if your parole has not ended and if you have no other felony convictions. You may receive a pardon earlier if the Board of Pardons and Paroles votes unanimously to do so after receiving “clear proof” of your innocence as well as the written approval of the presiding judge or prosecuting attorney. HOW DO I APPLY FOR A CERTIFICATE OF ELIGIBILITY TO REGISTER TO VOTE OR FOR A PARDON? For Certificate of Eligibility to Register to Vote Request an application form from the Board of Pardons and Paroles. After completing the application, return it to: The Board of Pardons and Paroles 500 Monroe Street Montgomery, Al 36130-3019 (334) 242-8700 For a Pardon If you are not eligible for a Certificate of Eligibility to Vote, you must apply for a pardon. To apply for a pardon, write to the Alabama Board of Pardons and Paroles in Montgomery and request an application for a pardon for restoration of your civil rights. Alabama Board of Pardons and Paroles P.O. Box 302405 Montgomery, Alabama 36130-2405 1-334-242-8730 www.pardons.state.al.us (Note: If you were convicted under a city ordinance, you should apply for a pardon from the mayor of the city of conviction and not the Board of Pardons and Paroles in Montgomery.) Certain persons applying for a pardon, including felons convicted after May 6, 1994 and felons incarcerated as of that date, must submit a DNA sample as a mandatory condition of the pardon. If you are unsure whether your DNA sample is on file with the Alabama Department of Forensic Sciences, contact your probation or parole officer. WHAT INFORMATION SHOULD I INCLUDE IN MY REQUEST FOR A PARDON APPLICATION? Your request for a pardon should include the following information: 1. Name convicted under 2. True name 3. Sex and race 4. Date of birth 5. Social Security Number 6. AIS# (Alabama Prison number), if you have one 7. Current physical address including county 8. Current mailing address, if different 9. Indicate whether the conviction was a State or Federal conviction 10. Home telephone number 11. Work telephone number, if you have one 12. List of charges, county you were convicted in, and year of conviction WHAT TYPE OF INFORMATION DOES THE PARDON APPLICATION REQUIRE? The application seeks information about the crime for which you lost your right to vote, and other basic personal information, including employment history and a list of references. WHO CAN I CALL FOR HELP WITH MY PARDON APPLICATION OR MY APPLICATION FOR CERTIFICATE OF ELIGIBILITY TO REGISTER TO VOTE? If you have any questions about the restoration of your right to vote, you can reach the Board of Pardons and Paroles at: 1-334-242-8730. You may also contact your probation or parole officer for guidance on the process. MUST NOTICE BE GIVEN TO ANYONE BEFORE MY RIGHT TO VOTE CAN BE RESTORED? Yes, if you apply for a pardon. Thirty days notice must be provided to the following people before you may be granted a pardon: Alabama Attorney General, presiding judge, prosecuting attorney, and the chief of police in the city where the disqualifying crime occurred. Notice must also be given to the victim for certain enumerated crimes. Notice is not required if you apply for a Certificate of Eligibility to Register to Vote. WHAT IS THE PROCEDURE ONCE I SUBMIT MY APPLICATION FOR A PARDON OR FOR CERTIFICATE FOR ELIGIBILITY TO REGISTER TO VOTE? For pardon Once you submit your pardon application to the Board of Pardons and Paroles, it will be forwarded to a probation officer for completion of an in-depth investigation. The investigation may take up to one year to complete. The following matters will be investigated: 1. Have you committed any additional offenses since the disqualifying crime was committed? If so, your pardon application may be denied. 2. What is your personal, social and employment history? Are you currently employed? Your references will be contacted, including current and former employers, current and former spouses, as well as friends and family members. 3. Have you paid all restitution and court fees? If you have any outstanding fees or fines, including your annual supervision fee of $30.00, your pardon application may be denied. Once the investigation is complete, the investigating probation officer will write a report recommending approval or denial of your pardon application. Also, a letter is sent to the victim requesting input on whether to grant or deny your pardon application. Finally, a date for a hearing before a three-member panel of the Board of Pardons and Paroles will be set. You will be notified at least 30 days prior to the hearing, which will be conducted at the following location: Lurleen B. Wallace Building, 2nd Floor 500 Monroe Street Montgomery, Alabama At your hearing, you will be allowed an opportunity to present your case before the three-member panel. Note that your attendance at the hearing is not mandatory. Notice of the hearing is provided to the appropriate authorities, as well as the victim. (See above). The victim will have an opportunity to oppose your pardon at the hearing. A three-member panel of the Board of Pardons and Paroles has ultimate authority to grant or deny your pardon application. For Certificate of Eligibility to Vote Once you apply, the board staff must give the Board members all reports and recommendations no later than 45 days from the date you apply. The certificate shall be granted unless a Board member objects to a staff member’s recommendation within 5 days.