H. Michael Steinberg has over 32 years experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.
Published on:

Colorado Criminal Lawyer Series – Will I Lose My Right To Vote If I A Convicted?

Colorado Criminal Lawyer Series - Will I Lose My Right To Vote If I Am Convicted.jpg

By H. Michael Steinberg – Colorado Criminal Defense Lawyer – The Right To Vote In Colorado

The question – Colorado Criminal Lawyer Series – Will I Lose My Right To Vote If I A Convicted? is a question I am often asked. It goes to the issue of the “collateral” or indirect – unforseen impacts of a criminal conviction .

To many – the right to vote is as important as their freedom.

Known as “disenfranchisement” – denying a person the right to vote – it may be inconceivable to you that many states actually “disenfranchise” people – who have been convicted of a felony – for life.

Colorado is not one of those states – It is a compassionate states and it returns the right to vote after you have been released from incarceration and parole.

To help you understand this issue – I include the following:

In Colorado The Right To Vote After A Criminal Conviction Arises Out Of Statutes And The Colorado Constitution.

CRS 1-2-103 (4) governs the right to vote when you have been incarcerated. It provides that the right to vote is LOST while you are serving a sentence in detention or confinement in a correctional facility, jail, or other location for a felony conviction, or while serving a sentence of parole.

Furthermore – the Colorado Secretary of State has the right to cancel your voter registration upon if proof of a felony conviction is provided to the office. C.R.S. 1-2-302(3.5)(b), 1-2-606.

BUT – once you have been released from incarceration – under Colorado’s Constitution – your right to vote is immediately restored. Colo. Const. art. 7, Section 10.. If your right to vote was canceled – you must re-register.

Here is the Section take from the Colorado Constitution:

Section 10. Disfranchisement during imprisonment. No person while confined in any public prison shall be entitled to vote; but every such person who was a qualified elector prior to such imprisonment, and who is released therefrom by virtue of a pardon, or by virtue of having served out his full term of imprisonment, shall without further action, be invested with all the rights of citizenship, except as otherwise provided in this constitution

In Short – In Colorado – Even A Felony Conviction Will Not Prevent You From Voting – UNLESS you are incarcerated or on parole.

Colorado’s Laws On This Subject May Differ From Other States

All states are not the same – you must check your own state’s laws to see if you are permitted to vote and under what conditions. If you are a resident of Colorado – you benefit from Colorado’s laws even if you have a federal conviction or a conviction in another state while living in this state as a resident.

Only Parole – Not Probation – Even Intensive Probation Will Not Impact This Right.

If you are on probation – you may register to vote and you may cast your vote – do not believe otherwise. The law is clear – but many Colorado probation officers mislead their probationers.

Pre-Trial Incarceration – NOT Sentenced Incarceration

Many persons cannot raise enough money to post their bail and are incarcerated for that reason alone. These individuals have not been convicted. It is important to note that if you are in this situation you DO retain your right to vote. The same is true if you have posted your bond and you are awaiting trial or other disposition of your case. Good Luck.

H. Michael