As we near this fall’s election, one myth that prevents full participation is the belief that people with criminal records cannot vote in Colorado. This is not true and this confusion results in the disenfranchisement of voters, particularly voters of color, who are disproportionately impacted by racial disparity in the criminal justice system.
Whether people with criminal records can vote is based on state law and it varies widely in severity from state to state. For example, on one side of the spectrum is Maine where no one loses the right to vote due to a criminal conviction, even people in prison. On the other side of the spectrum is Florida where anyone convicted of a felony is permanently barred from ever voting in the state.
Colorado law falls in the middle. Simply put, people convicted of a felony are not allowed to vote while they are incarcerated or on parole. That includes people serving a felony sentence who are in prison, in jail, living in a halfway house, or on parole after being released from incarceration.
Everyone else is eligible to vote. People who are on probation, for either a felony or misdemeanor, are eligible to vote. People in jail who are either pretrial detainees or serving a misdemeanor sentence are eligible to vote. People on bond awaiting trial can vote. Once people are no longer incarcerated and have completed their parole term, they are automatically eligible to register to vote and vote.
The unfortunate reality is that too many people in Colorado don’t understand the nuances of the law, including potential voters, election officials, candidates running for office, and even voter registration drives. This misunderstanding has bad consequences in either direction. If someone is eligible to vote but doesn’t know or is told that they can’t — then they are unfairly being disenfranchised. If someone isn’t eligible to vote but doesn’t know or is told that they can — then they can be charged with a felony for voting when they aren’t eligible.
Our democracy depends on eligible voters participating in the electoral process. Itap both our right and our responsibility.
Christie Donner is executive director of the .
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