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Can Felons Vote in North Dakota?

Restored on release from prison

Yes, you can vote in North Dakota with a felony conviction as long as you are not currently incarcerated in a correctional facility for a felony. Once released, you can vote while on parole or probation. North Dakota does not require voter registration — just bring a valid ID with your name, date of birth, and current North Dakota residential address to any polling place.

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Overview

North Dakota automatically restores voting rights when a person is released from incarceration for a felony conviction. Importantly, North Dakota is the only state in the nation that does not require voter registration — eligible voters simply show up at their polling place with a valid ID. People on probation or parole can vote. There is no application, no fee, and no waiting period after release from prison.

Quick Answer

Yes, you can vote in North Dakota with a felony conviction as long as you are not currently incarcerated in a correctional facility for a felony. Once released, you can vote while on parole or probation. North Dakota does not require voter registration — just bring a valid ID with your name, date of birth, and current North Dakota residential address to any polling place.

Can vote

  • Released from state or federal prison (even if recently released)
  • On state parole or probation
  • On federal supervised release or federal probation
  • Completed all terms of sentence
  • Convicted of a misdemeanor (misdemeanors do not affect voting rights)
  • In county jail awaiting trial (pretrial detention)
  • Conviction has been pardoned by the Governor

Cannot vote

  • Currently incarcerated in a state or federal correctional facility for a felony conviction
  • Serving a felony sentence in any correctional institution
  • Found mentally incapacitated by a court for purposes of voting

Step-by-Step Process

1

Confirm your eligibility

You can vote if you are not currently incarcerated for a felony conviction. If you have been released from prison — even if you are still on parole or probation — you are eligible to vote. North Dakota does not require voter registration, so there is no registration step.

2

Obtain a valid ID

You need a valid form of identification that shows your legal name, date of birth, and current North Dakota residential address. Acceptable forms include a North Dakota driver's license, a North Dakota non-driver ID card, or a tribal government-issued ID. If you do not have a valid ID, contact the North Dakota DOT at (701) 328-2725 to obtain one.

3

Find your polling place

Use the North Dakota Secretary of State's 'Find My Polling Place' tool at vote.nd.gov to locate your polling place based on your residential address. You can also call the Secretary of State's office at (800) 352-0867 ext. 328-4146.

4

Vote on Election Day or during early voting

Bring your valid ID to your polling place on Election Day. North Dakota also offers early voting (in-person absentee voting) at your county auditor's office before Election Day. Check with your county auditor for early voting dates and hours.

5

Request an absentee ballot if needed

If you cannot vote in person, you can request an absentee ballot from your county auditor. Applications are available at vote.nd.gov or by calling your county auditor's office. Completed absentee ballots must be received by your county auditor by Election Day.

6

Verify your ballot was counted

If you voted by absentee ballot, contact your county auditor's office to confirm your ballot was received and counted. If you voted a set-aside ballot (because of an ID issue), you have until the County Canvassing Board meets (6 days after the election) to present valid ID.

Key Laws

LawYearDescription
North Dakota Constitution, Article II — Elective Franchise1889 (amended)Establishes the qualifications for voting in North Dakota. Requires voters to be U.S. citizens, at least 18 years old, and residents of North Dakota. States that no person convicted of a felony shall be qualified to vote until civil rights are restored.
NDCC 12.1-33-01 — Rights Lost1973Defines the rights lost upon conviction of a felony. A person sentenced for a felony loses the right to vote, hold public office, and serve on a jury during the period of incarceration. Rights are automatically restored upon release from incarceration.
NDCC 12.1-33-03 — Certificate of Discharge1973Requires the Department of Corrections and Rehabilitation to provide a certificate of discharge to individuals released from incarceration, which serves as proof of eligibility to exercise civil rights, including voting.
NDCC 16.1-01-04 — Voting Qualifications1951 (amended 2003)Establishes that North Dakota does not require voter registration. Qualified electors vote by presenting valid identification at their polling place. This is unique among all 50 states and the District of Columbia.

Edge Cases

I don't have a valid ID. Can I still vote?

If you do not have an acceptable form of ID at the polls, you can cast a set-aside ballot. Your ballot will be placed in a sealed envelope. You then have until the County Canvassing Board meets (typically 6 days after the election) to present valid ID to your county auditor. If you present valid ID by that deadline, your ballot will be counted. Contact the ND DOT at (701) 328-2725 to obtain a free non-driver ID card.

I am on parole or probation for a felony. Can I vote?

Yes. In North Dakota, your voting rights are restored as soon as you are released from incarceration. Being on parole, probation, or any form of community supervision does not affect your right to vote.

I was convicted of a felony in another state but now live in North Dakota. Can I vote?

Yes, as long as you are not currently incarcerated for a felony conviction. North Dakota restores voting rights upon release from prison regardless of which state issued the conviction. As a North Dakota resident, you can vote by showing valid ND identification at your polling place.

I have a federal felony conviction. Can I vote in North Dakota?

Yes, as long as you are not currently in federal prison. Once released from federal incarceration, your voting rights are restored under North Dakota law, and you can vote while on federal supervised release or federal probation.

Do I need to pay any fines or restitution before I can vote?

No. North Dakota does not require payment of fines, fees, or restitution as a condition for voting. Once you are released from incarceration, your right to vote is restored regardless of outstanding financial obligations.

My address on my ID is outdated. Can I still vote?

Your ID must show your current North Dakota residential address. If your address has changed, you need to update your ID before voting. You can get a replacement ID from the ND DOT. Alternatively, a tribal ID, a long-term care certificate, or a supplemental ID document showing your current address may be used.

Frequently Asked Questions

Can I vote in North Dakota if I have a felony conviction?
Yes, as long as you are not currently incarcerated in a correctional facility for a felony conviction. Your voting rights are automatically restored upon release from prison. You can vote while on parole, probation, or any other form of community supervision. There is no waiting period, no application, and no fee.
Does North Dakota require voter registration?
No. North Dakota is the only state in the nation that does not require voter registration. You simply show up at your polling place with a valid form of identification that shows your name, date of birth, and current North Dakota residential address.
What forms of ID are accepted for voting in North Dakota?
Acceptable forms include: a North Dakota driver's license, a North Dakota non-driver ID card, a tribal government-issued ID (from a tribe in North Dakota, or issued by BIA), or a long-term care identification certificate from a North Dakota facility. The ID must show your legal name, date of birth, and current ND residential address.
Do I need to pay any fines or fees before I can vote?
No. North Dakota does not require payment of any fines, fees, or restitution as a condition of regaining the right to vote. Once released from incarceration, your voting rights are fully restored.
Can I vote from prison in North Dakota?
No. Unlike Maine, Vermont, and DC, North Dakota does not allow people who are currently incarcerated for a felony to vote. You must be released from incarceration before you can vote.
How do I find my polling place?
Use the 'Find My Polling Place' tool at vote.nd.gov or call the Secretary of State's office at (800) 352-0867 ext. 328-4146. Your polling place is determined by your residential address.
Can I vote by absentee ballot in North Dakota?
Yes. Any eligible voter can request an absentee ballot from their county auditor. Applications are available online at vote.nd.gov or at your county auditor's office. Your completed ballot must be received by your county auditor by the close of polls on Election Day.
What if I recently moved to North Dakota after a felony conviction in another state?
If you are a North Dakota resident and are not currently incarcerated for a felony, you can vote. You need to obtain a North Dakota ID showing your current ND residential address. There is no additional restoration process for out-of-state convictions.
Will anyone at the polling place know about my felony record?
No. Since North Dakota does not have voter registration, there is no voter roll that tracks criminal history. You simply present your ID at the polling place, and poll workers verify your name, date of birth, and residential address. Your criminal record is not checked or disclosed at the polls.
Can I run for public office in North Dakota with a felony conviction?
Once your civil rights are restored (upon release from incarceration), you are eligible to hold public office in North Dakota, subject to any specific requirements for the office you seek. However, certain offices may have additional eligibility requirements.

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Disclaimer: Source: National Conference of State Legislatures (NCSL). Cross-reference: Campaign Legal Center. This is informational only, not legal advice. Laws change frequently. Verify current rules with your state election office or consult a qualified attorney in North Dakota.