Many Mississippians with a criminal record can vote in the community or from jail/prison.
Can you?
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MANY MISSISSIPPIANS WITH FELONY CONVICTIONS CAN VOTE. CAN YOU?
- Your right to vote is NEVER taken away by a misdemeanor, federal, or out-of-state conviction.
- Your right to vote is ONLY taken away by a felony-level conviction in a Mississippi state court of one of 23 crimes.
YOU ARE ELIGIBLE TO VOTE IF ALL FOUR STATEMENTS ARE TRUE FOR YOU:
- You are a U.S. citizen and will be at least 18 years old by the next election.
- You have not been found mentally incompetent by a court.
- You have been a resident of Mississippi for at least 30 days.
- You have NEVER been convicted in a Mississippi state court of any of the 23 felonies that take your right to vote away—that list is below. (If you have been, it’s illegal to vote.)
ONLY a FELONY CONVICTION (not a misdemeanor) in a MISSISSIPPI STATE COURT (not a federal or out-of-state court) for one of 23 FELONIES takes your right to vote away.
- Arson
- Bad Check
- Bigamy
- Bribery
- Carjacking
- Embezzlement
- Extortion
- False Pretenses
- Forgery
- Larceny
- Larceny Under Lease or Rental Agreement
- Murder (not manslaughter)
- Perjury
- Rape
- Receiving Stolen Property
- Robbery
- Robbery, Armed
- Shoplifting
- Statutory Rape
- Taking Vehicle
- Theft (not burglary)
- Timber larceny
- Voter Fraud
A felony “conviction” includes guilt by plea or verdict; nolo contendere; sentencing deferred/suspended; sentenced/resentenced to time served, probation, house arrest, restitution, RID review.
SENTENCE COMPLETION DOES NOT RESTORE YOUR RIGHT TO VOTE.
- It’s unjustly difficult to get your right to vote back after conviction for a disenfranchising felony.
- Contact MS Votes to try to get a legislative suffrage bill passed for you (msvotes.org or call 1-833-678-4321).
- Expungement may help, but the law is complicated. Contact the MS Secretary of State for guidance (1-800-829-6786) and tell us what they say (impact@mscenterforjustice.org).
ARE YOU STILL UNSURE if you were convicted of one of the 23 felonies?
- The list posted below provides the criminal offenses by code section that fall within all 23 disenfranchising crimes. We are most often asked which offenses, by code section, fall within embezzlement, false pretenses, forgery, receiving stolen property, and theft crimes. For your convenience, they are listed below.
| EMBEZZLEMENT in detail |
| FELONIES WITHIN: 97-23-1 Embezzlement by Agent/Officer/Trustee of Company or Private Individual 97-11-3 Embezzlement or Fraud Committed by Public Official (Penalty) 97-11-2 Embezzlement: Entrusted Public Property/Funds Converted for Own Use 97-11-2 Embezzlement: Fraudulent Accounting by Public Officer (Penalty) 97-23-2 Embezzlement: Money on Deposit; Property in Trust/Received on Contract |
| FALSE PRETENSES in detail |
| FELONIES WITHIN: 97-19-4 False Pretenses: Fraudulent Representation of Evidence of Debt 97-19-5 False Pretenses: Obtain/Deliver Goods Previously Encumbered (Indict.) 97-19-3 False Pretenses: Procure Thing of Value by Fraudulent Representation 97-19-4 False Pretenses: Produce Child with Intent to Intercept Inheritance 97-19-4 False Pretenses: Registering Animal Falsely; Giving False Pedigree |
| FORGERY in detail |
| FELONIES WITHIN: 97-21-4 Counterfeit/forged documents: Sale/exchange guilty of forgery 97-21-3 Forgery – Penalty (Sentence) 97-21- Forgery: Counterfeit/Altered Stock Certificates, Security (Indictment) 97-21- Forgery: Failure of Corporate Officer to Maintain Accurate Accounts 97-21- Forgery: False Certification of Instrument or Conveyance 97-21-2 Forgery: Making/uttering instrument in own name as act of another 97-21-1 Forgery: Owning Counterfeit Foreign Coinage (Indictment) 97-21-1 Forgery: Owning Counterfeit US Coins (Indictment) 97-21-3 Forgery: Possession Counterfeit Bank Notes w/Intention to Utter 97-21-1 Forgery: Possession counterfeit gold/silver coins w/intent to utter 97-21-2 Forgery: Possession of Counterfeit Printing Plates of Tender 97-21-1 Forgery: Signature Purporting to be Agent/Officer of Corporation 97-21-3 Pleadings, process & other court papers, licenses, or wr. instruments |
| RECEIVING STOLEN PROPERTY in detail |
| FELONIES WITHIN: 97-17-7 Receiving Stolen Property (Felony) 97-37-3 Weapon, Stolen: Possession, Sale, etc. 97-37-35(3)(a) Weapon, Stolen: Possession, Sale, etc. – First offense 97-37-35(3)(b) Weapon, Stolen: Possession, Sale, etc. – Second, etc., Trafficking 97-37-35(3)(c) Weapon, Stolen: Possession, Sale, etc. – Two or more weapons 97-37-35(4) Weapon, Stolen: Used in commission of other crime(s) |
| “THEFT” in detail |
| Only theft crimes within the current list of 23 felonies can take your right to vote away. They are listed below. FELONIES WITHIN: BAD CHECK 97-19-5 Bad Checks: Evidence/Presumption of fraudulent intent (Indictment) 97-19-5 Bad Checks: Penalties (Sentence) 97-19-5 Bad Checks: Fraudulently Deliver Insufficient Instrument (Indictment) CARJACKING 97-3-11 Carjacking 97-3-117(2) Carjacking, Armed: Taking Vehicle by Use of Weapon 97-3-117(1) Carjacking: Taking Vehicle from One s Possession by Force EXTORTION 97-11-3 Extortion: Collection of Fees for Unrendered Services (felony) 97-3-82(3)(b) Extortion: of Property of another valued at $500 or more LARCENY 97-17-4 Grand Larceny 97-17-41(2) Larceny, Grand: of a church valued at $500 or more 97-17-41(1) Larceny, Grand: of an Individual, Property Valued at $500 or more 97-17-5 Larceny: Livestock 97-17-6 Larceny: Under Lease/Rental Agreement TIMBER LARCENY 97-17-5 Larceny: Timber GRAND LARCENY 97-17-4 Larceny, Grand: Vehicle of Another FELONY SHOPLIFTING 97-23-93 (6)-(7) Felony Shoplifting 97-23-9 Shoplifting – Aiding/Abetting Minor by Person >=1 |
SENTENCE COMPLETION DOES NOT RESTORE YOUR RIGHT TO VOTE.
- It’s unjustly difficult to get your right to vote back after conviction for a disenfranchising felony.
- Contact MS Votes to try to get a legislative suffrage bill passed for you (msvotes.org or call 1-833-678-4321).
- Expungement may help, but the law is complicated. Contact the MS Secretary of State for guidance (1-800-829-6786) and tell us what they say (impact@mscenterforjustice.org).
IF YOU ARE ELIGIBLE TO VOTE, YOU HAVE THE RIGHT TO VOTE FROM JAIL OR PRISON (ABSENTEE BY MAIL).
SUMMARY:
STEP A: Are you eligible to vote?
STEP B: If so, register to vote.
STEP C: Apply to vote by absentee ballot and vote absentee.
DETAIL:
A. YOU ARE ELIGIBLE TO VOTE IF:
- You are a U.S. citizen and will be at least 18 years old by the next election.
- You have not been found mentally incompetent by a court.
- You were a resident of Mississippi for at least 30 days before being detained/incarcerated.
- You have never been convicted in a Mississippi state court of any of the 23 disenfranchising offenses. (It’s illegal to vote even if you’ve completed your sentence.)
B. IF YOU ARE ELIGIBLE TO VOTE, FIRST COMPLETE A VOTER REGISTRATION FORM.
For all Mississippi voting forms:
- Your “mailing address” and “return mailing address” are your current jail/prison address.
- Your “residence” and “physical address” are where you lived before going to jail or prison.
- That’s your “home county” and where your vote is counted!
- That county’s circuit clerk is your circuit clerk for voting purposes.
- Sign it, write “voting mail” on the envelope, and mail it to your home county Circuit Clerk. It needs to be postmarked at least 30 days before any election you want to vote in. However, you can submit a voter registration form anytime.
C. AFTER YOU’RE REGISTERED TO VOTE, YOU MUST APPLY TO VOTE ABSENTEE AND THEN VOTE BY ABSENTEE BALLOT.
Voting absentee is an unfairly difficult process, and it’s expensive if you need a notary (if your excuse is not having a disability). Don’t give up. Tell us about it.
SUMMARY:
STEP A: Call or write your home county circuit clerk for an application (sample letter requesting an absentee ballot application is attached).
STEP B: Receive, accurately complete, and mail back the absentee ballot application.
STEP C: Receive, accurately complete, and mail back your absentee ballot to cast your vote.
DETAIL:
- You must have a legal “excuse” for voting absentee. Visit yallvote.ms or call the Secretary of State for the list: 800-829-6786. The list includes being held in jail/prison on election day; being 65+ years old; or having a qualifying disability (a temporary or permanent disability that makes voting in person a substantial hardship).
- A witness must sign both your application (for an absentee ballot) and your absentee ballot.
- If ‘disability’ is your legal excuse, someone over 18 years old can witness.
- If ‘disability’ is not your legal excuse, a notary must witness both the application and the ballot. If you tried but couldn’t get a notary, tell us.
- FIRST, request an application. Beginning 60 days before an election, write or call your home county Circuit Clerk to request an absentee ballot application. They’ll need your mailing address (jail/prison), date of birth, and drivers’ license or last four digits of your SSN.
- SECOND, complete the application. Beginning 45 days before an election, absentee ballot applications are sent to those who have requested one. When you receive it, fill it out as explained (in item #2, above) and get it signed or notarized as required (see item #2 above).
- THIRD, CAST YOUR VOTE! Complete the absentee ballot. Once you receive your ballot, complete it (get it signed or notarized, item #2 above). Sign the voter’s affidavit across the envelope’s sealed flap. Write “confidential ballot/voting mail” on the envelope. Mail it. It must be received at your Circuit Clerk’s office by election day. Congratulations on voting!
D. CHECKLIST FOR ELIGIBLE VOTERS IN JAIL OR PRISON & SAMPLE LETTER REQUESTING AN ABSENTEE BALLOT APPLICATION
Checklist to Apply to Vote Absentee by Mail
-Verify you are eligible and registered to vote (see section above on eligibility & registration)
-Request an absentee ballot application by mail (sample letter to Circuit Clerk is below)
-Receive the application by mail
-Complete it
-Sign and date it
-Have it witnessed (by a notary or, if disability is your excuse, by someone 18+ years old)
-Write “voting mail” on the envelope
-Mail the application to your Circuit Clerk
Checklist for Voting (Absentee By Mail)
-Receive the absentee ballot by mail (from your Circuit Clerk)
-Complete it
-Sign and date it
-Have it witnessed (by a notary or, if disability is your excuse, by someone 18+ years old)
-Sign the voters’ affidavit on the envelope flap
-Write “confidential ballot/voting mail” on the envelope
-Mail the ballot to your County Circuit Clerk (so that it arrives on or before Election Day)
Sample Letter Requesting to Vote Absentee by Mail (Requesting an Absentee Ballot Application)
TO:
Circuit Clerk’s Office
[Insert address]
[City, MS, Zip Code]
RE: Request for Absentee Ballot for Next Election
Dear Circuit Clerk,
I, [Insert your name], am a registered voter and am a resident of [Insert county name] County.
I am requesting an absentee ballot application for the next election.
Please send my absentee ballot to my mailing address: [Insert mailing address].
My date of birth is [Insert birth date].
The last four digits of my SSN or my full driver’s license number is [Insert number].
Sincerely,
[Your signature]
CONGRATULATIONS ON VOTING AND KEEP IN TOUCH!
Created by the Mississippi Center for Justice (MCJ) and Mississippi Votes (MS Votes)
Tell us about your voting experiences, including if you tried to vote but could not, and why. MS Votes can check on your voter registration (1-833-678-4321 / 510 George St., Suite 403, Jackson, MS, 39202)
More updated info from us may be available from the Mississippi Center for Justice (at impact@mscenterforjustice.org), NAACP Legal Defense Fund (naacpldf.org), or MS Votes (msvotes.org). The disenfranchising crimes chart is based on the MS Secretary of State’s response to a 2022 Public Records Act request (available here).
For official guidance, contact the MS Secretary of State:
Contact them: yallvote.ms (www.sos.ms.gov/yall-vote); Elections Answerline 1-800-829-6786; 601-359-9372; 401 Mississippi St. Jackson, MS, 39205; www.sos.ms.gov. Their information about disenfranchising crimes and restoration is here; their voting guide is here; their absentee voting information is here (for in-person and mail-in absentee voting); a voter registration form is here.)
This guide was created for informational purposes on 8/2024 and updated 1/2026. Other partners who have supported people voting on the inside include Mississippi Center for Reentry; RECH Foundation; The Molly Angel Project; and T.O.P.S. of Mississippi.