CHARLES OCHIE: Persons with criminal records in Georgia may still vote

Albany Second Chance has received some questions and concerns from our clients who have asked whether or not they can vote and if their votes can count. We are happy to provide this published voting information to anyone who needs it.

Voting is a fundamental right in a democratic society and should be available to all citizens eligible to vote. In Georgia, more than 4.2 million Georgians have criminal records, which is nearly 40% of the state’s adult population. Many have already successfully completed their sentences, are living as crime-free, law-abiding citizens, making various contributions to society. Knowing that each state’s voting laws is different creates a lot of confusion. There are some provisions in Georgia law that allow citizens with criminal records to vote. Albany Second Chance utilizes resources from the Georgia Justice Project to present this piece with hope that it will help answer some questions and settle some existing confusion about whether people with criminal records can vote in Georgia.

The first voting eligibility that one must meet to vote during a Georgia election is that you must be at least 18 years old and have a photo ID. To register, you must also be a United States citizen, a Georgia resident, and have not been declared mentally incompetent. These requirements must be met by all citizens irrespective of their criminal record before they can register and vote.

Georgia laws provide specific guidelines and policies regarding how Georgians with criminal records can register and vote. According to state law, you are eligible to vote if you are on probation for a misdemeanor. You also are eligible to vote if you are serving a first-offender sentence for a felony. But you are not eligible to vote if you were convicted of a felony or had your felony first-offender revoked and are still serving a sentence. You are not eligible to vote until you complete your sentence.

You are eligible to vote if you were sentenced under first-offender or conditional discharge and your status has not been revoked. This is because these sentences are not convictions unless the judge revokes the status. If your felony first-offender or conditional discharge case was revoked and you are still serving the sentence, you are not eligible to vote until the sentence is complete. You are eligible to vote if you pleaded “nolo,” even while serving your sentence. Nolo pleas are rare for felonies. If you are in jail, you are eligible to vote as long as you are not serving a sentence for a felony conviction.

If you are in jail because of a pending case or you are serving a sentence for a misdemeanor conviction, you are eligible to vote. You are not eligible to vote if you were convicted of a felony and are awaiting transfer to a state prison. To register to vote, you must mail the registration application to your local voter registration office. But you are not eligible to vote if you are in prison unless sentenced under the First Offender Act or Conditional Discharge.

You are eligible to vote if you are convicted of a misdemeanor.

Only people convicted of a felony offense are ineligible to vote until the completion of their sentence. According to Georgia law, once your felony sentence is completed, you are eligible to register to vote. If you are not sure if your sentence is complete, you should request a Certificate of Sentence Completion from the Department of Community Supervision. A Certificate of Sentence Completion demonstrates that people with felony convictions are no longer under correctional control and have completed their sentence. To obtain a certificate, contact your original DCS probation office or request from a local probation office. Note that your sentence is not completed if you still owe fines that were imposed as a separate part of your felony sentence – in addition to incarceration or probation.

You should be able to know if your fines were a separate part of your felony sentence by looking at the sentence sheet (the disposition) in your case, which you can obtain from the clerk of the court that resolved your case. Georgia law does not require pardon or other documentation, such as your criminal record, to register to vote. However, some people have been wrongfully purged from registration rolls due to their criminal history or told they could not register. Obtaining a Certificate of Sentence Completion from DCS can show that you have completed your sentence for a felony conviction and are eligible to vote.

So it is highly recommended that you try and obtain this certificate of completion. Note that it is against the law to try to register to vote when you are not eligible and serving a felony sentence. As long as you are not currently serving a felony sentence, you can register to vote in Georgia. It doesn’t matter what the voting laws are in other states — Georgia law allows anyone to vote who is not currently under felony sentence.

Voting in Georgia has become even easier. The easiest way is online: https://registertovote.sos.ga.gov. You can also go to your local county board of registrar or Elections office for a mail-in registration form. But if you are having difficulty registering or casting your ballot, contact the Voter Protection Hotline at (888) 730-5816.

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