12

Last I heard (but my information may not be up to date) in 49 48 of the 50 states in the U.S., persons serving a sentence for a felony are not allowed to vote.

Suppose a person is convicted of a felonious failure to pay a tax. Under the 24th Amendment, their right to vote cannot be denied for that particular offense. (If it were tax evasion, i.e. concealing facts in order to avoid paying, that would be different matter, if I'm not mistaken.)

My question is whether that has ever happened, i.e. a person convicted of a felonious failure to pay a tax has been allowed to vote while serving a sentence because of the 24th Amendment?

Michael Hardy
  • 3,983
  • 17
  • 44

1 Answers1

6

The 24th Amendment states:

Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

But, no one in incarcerated in prison (and hence loses the right to vote) merely for failing to pay taxes. Usually, one is incarcerated in prison on tax charges for fraud in connection with one's tax obligation which is different from failure to pay. (A misdemeanor conviction does not result in the loss of an ability to vote, even while in jail.)

Refusal to pay, on grounds other than lacking the money (inability to pay isn't a criminal offense), when done without full compliance with other tax return filing obligations, is tantamount to tax litigation abuse and abuse of process, not mere failure to pay a debt.

ohwilleke
  • 257,510
  • 16
  • 506
  • 896