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When Can I Vote After Conviction?

In Oregon, if you are imprisioned for a felony conviction you are ineligible to vote. Your voting rights are automatically restored, however, when you are released from prison. Individuals on parole or probation retain their rights to vote. Ex-offenders should reregister to vote once their right has been restored.

Those who have been convicted of a felony, but not yet sentenced may vote until they are sentenced.

Those incarcerated in a county jail, not a prison still may not vote.

If you have been released from prison or jail, but are still on parole, your voting right is restored, however the person MUST reregister to vote by the deadline or they will not be able to cast a vote.

Those incarcerated in other states and not Oregon still are ineligible to vote in Oregon elections until they are released.

If you are convicted of a felony and in a work release program, you are not eligible to vote.

Additionally, if you are required to stay in a halfway house after you have left prison, you are ineligible to vote.

137.281(1) States privileges are not revoked until the person is sentenced to a term of incarceration. Since this section doesn’t indicate a specific location of incarceration, it is assumed incarceration means in a county jail or in a state or federal prison. (2) States that subsection (1) refers to ANY term of incarceration. (3) Makes it clear that voting rights is one of the rights that may be deprived…although (1) makes it mandatory that their rights are deprived until release from incarceration or the conviction is set aside. (4) States that if the court orders a temporary stay of execution of sentence, in other words postpones incarceration temporarily, their rights are still deprived pursuant to (1). (5) Specifies that rights are deprived even if the person convicted of a felony is incarcerated in federal prison. (6) Gives the county clerk the right to cancel the person convicted of a felony’s registration. (7) States the rights are restored automatically upon release from incarceration. (7)  references ORS 10.030 which, though speaking to jury service, it also states that if the person convicted of a felony is on parole and is subsequently imprisoned for a parole violation, the person convicted of a felony will once again be deprived of voting rights.

If you are facing criminal charges, it is imperative to speak with a qualified criminal defense attorney who can fight to retain and restore your rights. Call today for your free, initial consultation.

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