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Can Felons Vote in Vermont?

Never lose voting rights

Yes, you can vote in Vermont with a felony conviction — even while incarcerated. Vermont is one of only three jurisdictions where you never lose the right to vote. If you are in prison, you register using your last community address (not the prison address) and vote by absentee ballot. Register at mvp.vermont.gov or through your facility's voter registration process.

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Overview

Vermont is one of only three jurisdictions in the United States (along with Maine and Washington, DC) where people convicted of felonies never lose the right to vote, even while incarcerated. Under 28 VSA 807, a person convicted of a crime retains the right to vote by early voter absentee ballot at their last voluntary residence. This has been Vermont's policy throughout its history — there has never been a time when conviction stripped voting rights in the state. Incarcerated voters register using their last community address and vote by absentee ballot.

Quick Answer

Yes, you can vote in Vermont with a felony conviction — even while incarcerated. Vermont is one of only three jurisdictions where you never lose the right to vote. If you are in prison, you register using your last community address (not the prison address) and vote by absentee ballot. Register at mvp.vermont.gov or through your facility's voter registration process.

Can vote

  • Currently incarcerated in a Vermont state correctional facility for any offense
  • Currently incarcerated in a federal prison (using last Vermont community address)
  • On parole or probation for any offense
  • Released from prison after serving a felony sentence
  • Convicted of any felony, regardless of offense type
  • In jail awaiting trial (pretrial detention)
  • Convicted of a misdemeanor
  • Under any form of community supervision

Cannot vote

  • Not a U.S. citizen
  • Under 18 years of age on Election Day
  • Not a resident of Vermont (incarcerated persons use their last voluntary Vermont residence, not the prison address)
  • Found mentally incapacitated by a court for purposes of voting

Step-by-Step Process

1

Confirm your residency

You vote in Vermont at your last voluntary residence — the community address where you lived before incarceration. You may NOT use the prison or jail address as your residence for voting purposes. If you lived in Vermont before incarceration, you are a Vermont voter. If you are not currently incarcerated, you vote at your current Vermont address.

2

Register to vote

Register online at mvp.vermont.gov (Vermont's My Voter Page portal) using a valid VT driver's license, permit, or non-driver ID. You can also download and print a voter registration form from sos.vermont.gov and mail or hand-deliver it to the town clerk of your last voluntary residence. If incarcerated, your facility should have registration forms available in the law library or through CHSVT libraries.

3

Request an absentee ballot (if incarcerated)

If you are incarcerated, request an early voter absentee ballot from your town clerk by mail. Write to the town clerk at your last community address's municipality. Include your name, date of birth, and the address of the facility where you are housed so the ballot can be mailed to you. The Vermont Department of Corrections holds voter informational and registration clinics every other year during election cycles.

4

Receive and complete your ballot

Your town clerk will mail you an absentee ballot. Mark your ballot according to the instructions. If you are incarcerated, facility staff should provide you with access to the ballot and a way to return it. The Inmate Voter Instructional Guide document in your facility's law library has detailed instructions.

5

Return your ballot by the deadline

Return your completed absentee ballot to your town clerk by mail. The ballot must be received by the town clerk before the close of polls on Election Day. If you are not incarcerated, you can also vote in person at your polling place on Election Day, during early voting at your town clerk's office, or return your ballot to a drop box.

6

Verify your ballot and stay registered

Check your voter status and ballot status at mvp.vermont.gov. Once registered, you remain registered as long as you continue to reside in the same town. If you move to a new town in Vermont, you need to re-register with the new town clerk. Contact your town clerk or the Secretary of State at (800) 439-8683 with questions.

Key Laws

LawYearDescription
Vermont Constitution, Chapter II, Section 421793Vermont's constitution establishes broad voter qualifications and does not include any provision for disenfranchisement based on criminal conviction. This has been the case since Vermont's original 1793 constitution, making it one of the few states that has never stripped voting rights from people with felony convictions.
28 VSA 807 — Voting by Incarcerated Persons1971 (amended 2019)Codifies the right of incarcerated persons to vote by early voter absentee ballot. States that a person convicted of a crime retains the right to vote at their last voluntary residence during the term of confinement, provided they meet all other voting requirements. Prohibits using the place of involuntary confinement as a voting residence.
17 VSA Chapter 43 — Voter RegistrationVarious amendmentsEstablishes Vermont's voter registration procedures, including online registration through the My Voter Page portal, registration by mail, and same-day registration at the polls. These procedures apply equally to all eligible voters, including those with felony convictions.
Vermont Department of Corrections — Voting Guidance Document2020 (updated)Internal DOC policy requiring facilities to maintain Inmate Voter Instructional Guide documents, hold voter registration clinics during election cycles, and ensure incarcerated individuals have access to registration forms and absentee ballot request materials.

Edge Cases

I am currently incarcerated in Vermont. Can I really vote?

Yes. Vermont is one of only three jurisdictions in the U.S. where incarcerated people can vote regardless of the offense. You register using your last community address (not the prison address) and vote by absentee ballot. Contact your facility's law library for voter registration forms and instructions, or write to the town clerk of your last voluntary residence.

I am a Vermont resident incarcerated in a federal prison outside Vermont. Can I vote?

Yes. As a Vermont resident, you retain the right to vote even while incarcerated in a federal facility in another state. Register using your last Vermont community address and request an absentee ballot from the town clerk of that municipality. You will need to mail your registration and ballot requests and returns by mail.

Can I use the prison address as my voting residence?

No. Under 28 VSA 807, you may not use the place of involuntary confinement as your residence for voting purposes. You must register and vote at your last voluntary community residence — the address where you lived before incarceration. If you do not have a prior Vermont address, you may not be eligible to vote in Vermont.

I was convicted in another state but am housed in a Vermont facility. Can I vote in Vermont?

Only if your last voluntary residence was in Vermont. If you are housed in a Vermont facility but your last voluntary residence was in another state, you would need to vote in the state of your last community address under that state's laws. Vermont's policy only applies to Vermont residents.

What if my town clerk does not send me an absentee ballot?

Contact the Vermont Secretary of State's office at (800) 439-8683 or elections@vermont.gov. They can assist in ensuring your town clerk processes your registration and ballot request. The ACLU of Vermont can also help if you encounter obstacles to voting from prison.

Do I need to re-register after being released from prison?

If you registered while incarcerated using your last community address and you return to that same address after release, you remain registered. If you move to a new address or a new town, you will need to update your registration with the new town clerk or re-register online at mvp.vermont.gov.

Frequently Asked Questions

Can I vote in Vermont if I have a felony conviction?
Yes, always. Vermont never strips voting rights due to a criminal conviction. You can vote while incarcerated, while on parole or probation, and after completing your sentence. This has been Vermont's policy since statehood.
How do I register to vote while incarcerated in Vermont?
Obtain a voter registration form from your facility's law library, CHSVT library, or by writing to the town clerk of your last voluntary community address. Fill out the form using your last community address (not the prison address) and mail it to that town clerk. You can also have someone register you online at mvp.vermont.gov if they have access to your VT ID information.
How do I get an absentee ballot while in prison?
Write to the town clerk of your last voluntary community residence and request an early voter absentee ballot. Include your name, date of birth, and the mailing address of your facility. The town clerk will mail the ballot to you. The Vermont Department of Corrections also holds voter informational clinics during election cycles to help with this process.
Do I vote at the prison's address or my home address?
You vote at your last voluntary community address — the address where you lived before incarceration. Vermont law specifically prohibits using the place of involuntary confinement as a voting residence. Your ballot is counted in the town where your last community address is located.
Is there any fee to register or vote?
No. There is no fee to register to vote or to vote in Vermont. Absentee ballot request forms and voter registration forms should be available at no cost in your facility.
What if I have never been registered to vote?
You can register for the first time from prison. Complete a voter registration form using your last Vermont community address and submit it to the town clerk of that municipality. If registering by mail for the first time, you may need to include a copy of acceptable ID (such as a VT driver's license or utility bill showing your community address).
Can I vote in person after being released from prison?
Yes. Once released, you can vote in person at your polling place, during early voting at your town clerk's office, or by absentee ballot. If you registered while incarcerated and return to the same community address, your registration should still be active. Check your status at mvp.vermont.gov.
Does Vermont have same-day voter registration?
Yes. Vermont allows same-day voter registration on Election Day at your polling place. If you are not registered and want to vote on Election Day, bring acceptable identification to your polling place and you can register and vote at the same time.
Why do so few incarcerated people in Vermont actually vote?
Despite having the legal right to vote, studies show that relatively few incarcerated Vermonters exercise this right. Barriers include lack of awareness, difficulty obtaining absentee ballots, mail delays, limited access to candidate information, and the logistical challenges of voting from a correctional facility. The DOC's voter informational clinics aim to address some of these barriers.
Can I run for public office with a felony conviction in Vermont?
Yes. Since Vermont never strips civil rights due to a criminal conviction, there is no disqualification from holding public office based on felony status. You must meet the specific eligibility requirements for the office you seek (such as age and residency 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 Vermont.