The Constitution and Disenfranchisement

• The U.S. Constitution includes a provision for taking away the vote from "participation in a rebellion, or other crimes." Rebelling is connected to voting -- taking away the right to vote from someone who undermines the government is a punishment that fits the crime. The "other crimes" provision is vague and thus creates room to say that it means any other crime and includes all felonies. On the other hand, one can argue that "other crimes" implies other crimes against the state similar to rebellion.
  
  

Racial and Class Discrimination

• People convicted of felonies are disproportionally minorities and impoverished. United States law in general does not find discrimination unless there is an intent to discriminate. Just because some groups are over-represented does not mean there is discrimination. On the other hand, numbers can speak for themselves. If there is over-representation by certain groups, we can assume that those groups are discriminated against -- this is how discrimination is defined by the European Court of Justice.
  
  

Payment of Criminal Court Fees

• Voting laws and Supreme Court decisions have repeatedly struck down fees or land ownership as a requirement for voting. The spirit of such laws must apply to people who are convicted of felonies. One can argue that requiring felons to pay restitution fees is similar to voting fees because the effect of requirements ties money to the ability to vote. On the other hand, payment of victim restitution fees is different than paying to vote, because the money does not go to the state, and we have a strong societal interest in having victims receive compensation.
  
  

Disenfranchisement as Deterrent

• One of the primary functions of the criminal system is to deter future crimes. Voting is a cherished and fundamental right. When finding out that people who committed felonies cannot vote, others may take this as warning of the possible consequences of breaking the law. On the other hand, felonies are already punished by incarceration. It is unlikely that someone will not be deterred by the threat of incarceration, but will deterred by the fear of not voting.
  
  

Debt to Society Is Paid

• Supporters of the right to vote for people convicted of felonies argue that the incarceration term and probation is the felon's debt to society, and once it is paid, they should be able to at some point reenter the community as full members. On the other the other hand, like the victim who will never be whole again, some argue that certain consequences for crimes should be for the life of the criminal, and voting is one such consequence. When someone violates the law, she forfeits the ability to decide what the law will be by participating in the democratic process.