docrogers said:
What is the name of your state? Ar I Was convict in jan of 1996, class c feloney, 10 yrs. w/ 7 sus. Released jan of 1999. Still on probation till jan 2006. Can I and/or how do I get my right to vote back. Any advice/help would be appreciated
My response:
Disenfranchisement, or loss of the right to vote, according to the authors, is a practice left over from medieval times when offenders were banished from the community and suffered "civil death."
Arizona
1st offense - rights are automatically restored; 2nd and subsequent offenses - must apply to court for restoration; If felony convictions resulted in a prison sentence, felon must wait until two years after your unconditional release from incarceration or completion of parole before felon can apply. If felony convictions resulted in a sentence of probation, felon may apply for restoration of your voting rights immediately upon discharge from probation.
You must:
* Be a citizen of the United States.
* Be a resident of Arizona and your county at least 29 days preceding the next election.
* Be 18 years old on or before the next general election.
* Not have been convicted of treason or a felony (or have had your civil rights restored).
Restoration Process
1st offense - rights are automatically restored; 2nd and subsequent offenses - must apply to court for restoration; If felony convictions resulted in a prison sentence, felon must wait until two years after your unconditional release from incarceration or completion of parole before felon can apply. If felony convictions resulted in a sentence of probation, felon may apply for restoration of your voting rights immediately upon discharge from probation.
13-909. Restoration of civil rights; persons completing probation for federal offense:
A. A person who has been convicted of two or more felonies and whose period of probation has been completed may have any civil rights which were lost or suspended by his felony conviction in a United States district court restored by the presiding judge of the superior court in the county in which he now resides, upon filing of an affidavit of discharge from the judge who discharged him at the end of the term of probation.
B. Upon proper application, a person who has been discharged from probation either prior to or after adoption of this chapter may have any civil rights which were lost or suspended by his felony conviction restored by an application filed with the clerk of the superior court in the county in which he now resides. The clerk of the superior court shall process the application upon request of the person involved or his attorney.
C. If the person was convicted of an offense which would be a dangerous offense under section 13-604, the person may not file for the restoration of his right to possess or carry a gun or firearm. If the person was convicted of an offense which would be a serious offense as defined in section 13-604 the person may not file for the restoration of his right to possess or carry a gun or firearm for ten years from the date of his discharge from probation. If the person was convicted of any other felony offense, the person may not file for the restoration of his right to possess or carry a gun or firearm for two years from the date of his discharge from probation.
* Not currently be declared an incapacitated person by a court of law.
IAAL
