“Felony disenfranchisement prevented over 264k Georgians from voting in 2018. 79% of those unable to vote are living in their community under correctional supervision.”
– Reform Georgia
What is felony disenfranchisement?
Individuals in Georgia convicted of a felony criminal offense lose their right to vote until the completion of their sentence and after their release while still on probation or parole, and until they have paid all associated fees.
What are “crimes involving moral turpitude”?
Georgia law states that anyone convicted of a “crime involving moral turpitude” will lose their voting rights. However, it does not clearly define what “moral turpitude” means. As a result, the loss of civil voting rights is applied to ALL felony offenses.
How many people are impacted by felony disenfranchisement and why?
In 2018, over 264,000 Georgians could not vote due to felony disenfranchisement
- 209,578 were under correctional supervision (79.3%) while living in their community
- 188,511 people were on felony probation and living in their community (71.3%)
- 31.9% (64,579) for felony drug offenses (possession, sale, etc.)
- 25% for drug possession (50,605)
- 7% for drug sale
- 35.4% (71,667) for property offenses (burglary, vehicle theft, fraud, etc)
- 31.9% (64,579) for felony drug offenses (possession, sale, etc.)
- 21,067 Georgians were on felony parole (8%)
- Probation sentences in Georgia average 6.3 years, near double the US average
- 188,511 people were on felony probation and living in their community (71.3%)
- 54,806 Georgians were disenfranchised due to felony incarceration (20.7%)
- 47% of 2018 prison admissions (8,575) were non-violent crimes (property, drug)
It is estimated felony disenfranchisement prevented 248,751 Georgians from voting in 2016 and 275,866 in 2010. Georgia has the 10th highest rate of disenfranchisement.
58% of the disenfranchised Georgians were black despite representing only 32% of the state population. Georgia has the 6th largest population of disenfranchised black voters.
Part of a larger probation problem
Georgia has the largest correctional supervision population in the nation, over 400,000.
Yes, even Texas.
Average felony probation sentences in Georgia are 6.3 years, near double the US average. Over 37% of individuals have a probation sentence longer than 10 years.
The chart below illustrates that the growth in the number of Georgia residents under correctional supervision is largely the result of growth in our probation system. The number of parolees has also increased and can be more easily discerned in the breakout chart below.
It’s important to remember that the total probation population includes both misdemeanor and felony offenses and while misdemeanor probation does not impact voting eligibility, it does reflect the state’s trend toward increased probation sentencing.
On December 31, 2018 there were 202,421 individuals on felony probation, about half the state’s total probation system. About 9,900 individuals on felony probation were also incarcerated and about 4,000 individuals were also on parole, so they were not counted in the calculation above regarding those disenfranchised as a result of probation.
The state’s parole population has been on an upward trend since the early 2000s, as shown in the graph below depicting historical data since 1990. Yet over the last decade (2008-2018) it has declined 9% to its lowest count since 2003. It is therefore unsurprising that we have also seen a downward trend in the number of entries since 2013.
However, an upward trend in entries that began after 2016, along with a decline in exits, as evidenced in the graph below, suggests populations may tick back upward. The total system population appears to be on a mild downward trend.
So while Georgia’s overall correctional supervision population has been on a steady incline, Georgia’s incarcerated population for felony-related offenses has actually been on a slight downward trend over the last decade, illustrating that the state is keeping fewer people behind bars and handing out more extended probation sentences.
Example: Sentencing for Marijuana Related Offenses
As an example, the sentencing for probation to follow marijuana-related felony incarceration has continued to rise from 47% in 2005 to a near universally applied rate of 91% in 2018.
Despite the overall decline in the incarcerated population, offenses like marijuana have seen an increase in probation and prison admissions. Meanwhile, the length of stay in prison for such an offense has declined to an average of 4 months. That stay is almost guaranteed to be followed by a probation sentence that is on average, nearly double the duration of the national average.
The chart below illustrates the growth in admissions for marijuana-related felonies. Almost all of the growth in admissions has been of black Georgians.
Potential Impact of Proposals to Restore Voting Rights
In the consideration of possible proposals to restore voting rights to certain individuals with felony sentences, below are potential options and their anticipated impact in terms of the number of individuals who would see their voting rights restored. The percentages indicated represent the portion of the total current disenfranchised population that would see the restoration of their rights.
1. Complete Restoration, i.e. elimination of felony disenfranchisement
This proposal would represent a complete elimination of the practice of felony disenfranchisement and would mean that no Georgia resident loses their eligibility to vote for any reason relating to correctional involvement. Individuals serving a felony sentence would have the right to vote in all relevant elections, regardless of whether they are incarcerated or under correctional supervision, serving a probation or parole sentence, or if they have outstanding fines/fees.
- 264,384 Georgians approx. (100%)
2. Restoration for those living in society while on probation or parole, regardless of offense
This proposal would restore voting rights to those who are still serving a felony probation or parole sentence, i.e. under correctional supervision but living in the community. This would not impact those who are currently incarcerated in a state correctional facility for a felony offense.
- 209,578 Georgians approx. (79.3%)
3. Restoration of rights for those on probation and parole only for offenses classified as “non-violent” (i.e. property and drug crimes, etc.)
This approach would restore voting rights only to those serving out probation sentences for offenses considered to be “non-violent”. This would exclude felony offenses categorized as “violent” or “sexual”, including domestic violence.
- 167,051 Georgians approx. (63.2%)
- Property Offenses: 76,375 (28.9%)
- 71,667 on probation (27.1%)
- 4,708 on parole (1.8%)
- Under state classification, this includes burglary, larceny, motor vehicle theft, fraud, and other property offenses.
- Drug Offenses: 71,478 (27%)
- 64,579 on probation (24.4%)
- 6,899 on parole (2.6%)
- Based on 2017 data, a little over 75% of drug-related probation cases were for possession, with the rest being for sales.
- DUI Offenses (probation): 1,723 (0.7%)
- Weapon offenses (parole): 1,180 (0.4%)
- Other Offenses: 15,226 (5.8%)
- 14,389 on probation (5.4%)
- 837 on parole (0.3%)
- Unknown: 1069 (0.4%)
- 979 on probation (0.37%)
- 90 on parole (0.03%)
- Property Offenses: 76,375 (28.9%)
To review all our sources and data, you can download the report in PDF: