New Report Reveals People with Felony Convictions Face Significant Restrictions When Running For Elected Office

[Washington, DC]- A new report released by The Sentencing Project today finds that far too often, people with felony convictions are excluded from representing their communities in state legislatures, city councils, school boards, and neighborhood commissions.

Running with Conviction: Eligibility for Elected Office with a Felony Conviction examines the legal barriers that people with felony convictions may encounter when seeking to run for public office across the United States and its territories. In addition to the state-by-state data analysis, the report examines whether eligibility to run for office with a felony conviction coincides with eligibility to vote with a felony conviction in each jurisdiction.

The report notes that President Donald Trump, while eligible for federal office, would not be allowed to run for a state legislative or city council seat in many states due to his felony convictions. While eligibility to run for federal office is set by the U.S. Constitution, which does not bar individuals with felony convictions from running for the presidency or U.S. Congress, eligibility to run for state and local offices varies widely.

“Current restrictions across the country prevent many justice-impacted individuals from wholly representing the communities they live in, said Bob Libal, Senior Campaign Strategist at The Sentencing Project and co-author of Running with Conviction. “Extending eligibility for candidacy is about ensuring that our democracy is truly inclusive and accounts for the experiences of people involved in the criminal legal system.”

Key highlights include:

• Only three jurisdictions — Maine, Vermont, and DC — place no restrictions on eligibility to run for office for most people with a felony conviction, meaning that in many instances, currently incarcerated people can seek elected office.
• 11 jurisdictions restrict eligibility only while an individual is incarcerated for a felony conviction, allowing people on felony parole or probation to run for office in these states.
• 10 jurisdictions restrict eligibility while an individual with a felony conviction is incarcerated and while they are on probation or parole.
• 32 jurisdictions restrict eligibility beyond incarceration, parole, and probation, to include “post-sentence” requirements before restoration of rights. These requirements may include a gubernatorial pardon, a waiting period, or judicial restoration.
• Commonly, eligibility to seek public office lags behind the restoration of the right to vote.  In 31 jurisdictions, the granting of voting rights and eligibility to run for office are substantially different.

Despite barriers to run, people with felony convictions — including formerly incarcerated people and, in rare instances, those still serving prison sentences — have been elected to state and local office. The report profiles three elected officials with felony convictions: Nevada Assemblymember Jovan Jackson; Hopkinsville, Kentucky Councilmember Brittanie Bogard; and District of Columbia Advisory Neighborhood Commissioner Harold Cunningham Jr. — who is believed to be the only currently incarcerated elected official in the United States.

“As someone who struggled with substance abuse and experienced incarceration, I understand what it means to be displaced from your family,” said Jovan Jackson, Nevada Assemblymember. “As an elected official, I am able to lead with my lived experiences and bring a voice to a population that has gone unheard for decades due to mass incarceration.”

“People with past felony convictions deserve to be able to run for office because your past is a chapter of your story, not the whole book,” said Brittanie Bogard, Hopkinsville, Kentucky City Councilmember. “You aren’t defined by where you’ve been, but by the strength it took to stand here today and the purpose you build from this moment forward.”

“Integrating currently incarcerated people in elected office benefits both incarcerated people and correctional communities,” said Harold Cunningham Jr., DC Advisory Neighborhood Commissioner. “When individuals with convictions hold elected office, the relationship between the administration and those that are incarcerated strengthens and provides an opportunity to address issues that are affecting some of the most vulnerable among us.”

To reduce barriers for people with felony convictions who intend to run for office, The Sentencing Project recommends that jurisdictions remove candidacy bans for people with felony convictions, align candidacy with voting eligibility, and clarify statutes and provide guidance on eligibility to run for office. The full report is available here.

The Sentencing Project is a 501(3) organization and neither supports nor opposes candidates for elected office, including those quoted in this release. We do believe in diverse representation in government, and believe generally that no one should be excluded from serving, including those with convictions.