INTRODUCTION The tenor of the debate over felon disenfranchisement has taken a remarkable turn. After a generation of essentially unsuccessful litigation, (1) two federal courts of appeals have recently reinstated challenges to such laws. (2) A conservative Republican governor of Alabama signed legislation making it easier for ex-offenders to regain their voting rights. (3) Several other states have made the restoration of voting rights automatic upon completion of an offender's sentence or within a short period of time thereafter. (4) Recent public opinion surveys find that over 80% of Americans believe that ex-offenders should regain their right to vote at some point, and more than 40% would allow offenders on probation or parole to vote. (5) Voting rights restoration has become an issue in the presidential campaign (6) and in grassroots efforts across the nation. (7) And on the international front, the supreme courts of Canada and South Africa issued decisions requiring their governments to permit even incarcerated citizens to vote. (8)
