Your record didn't take your vote. Only a cell can, and only while you're in it.
A lot of people in Michigan sit out every election because they assume a conviction cost them the right to vote, usually because someone told them so years ago or because it's true in some other state. In Michigan it isn't. The law takes the vote away from one group only, people who are locked up serving a sentence right now, and it gives it back the day they walk out. With the November 3 general election a month away and the online registration deadline on October 19, here's who can vote, how it works if you're in jail waiting on a case, and the one mistake that actually is a crime.
Who can't vote in Michigan?
Only people who've been convicted, sentenced to jail or prison, and are confined serving that sentence right now. That's the whole list. MCL 168.758b says a person legally convicted and sentenced to confinement in a jail or prison can't vote while confined, and it applies to convictions in Michigan, in other states, and in federal court. The rule comes from Michigan's constitution, which lets the Legislature exclude people from voting because of commitment to a jail or penal institution, and it stops there.
Two details trip people up. The statute says "crime," not felony, so someone serving a misdemeanor jail sentence can't vote while they're in. And the word that matters is "while." The disqualification lasts exactly as long as the confinement does, which is a very different rule from the lifetime bans people hear about from other states.
Who can vote with a record?
Almost everyone else, and the Secretary of State says so directly. You can register and vote if you have a past felony or misdemeanor conviction, if you're on probation, if you're on parole, and if you're in jail or out on bond while you wait for arraignment or trial. People detained before sentencing can register too, because they haven't been sentenced yet.
That covers a lot of the people we talk to. Someone who finished a prison term ten years ago can vote. Someone reporting to a probation officer every month can vote, because supervision isn't confinement, even though plenty of other things can still go wrong on probation, which is the ground covered in our piece on probation violations.Someone sitting in the Wayne County jail because they couldn't make bond on a pending case can vote. None of them has to clear a record, ask a judge, or get a certificate first.
Do you have to do anything to get your rights back?
No, because in Michigan nothing was taken that needs to be restored by petition. Michigan Legal Help, the courts' own self help site, says the right to vote is automatically restored when you're released, and the only practical step is making sure you're registered at the address where you live now. Michigan also updated its election law so that the Department of Corrections and the Secretary of State coordinate on release, and people who are eligible get registered automatically unless they decline.
The thing that does cause problems is the address, not the conviction. If you moved while you were away, or mail to your old registration came back undeliverable, your registration may have been canceled for that reason, and the Secretary of State says a canceled voter needs to register again. It's the same problem anyone has after a move. It just happens more often after time away, and it's quick to check on the state's voter information site before October 19.
Can you vote from jail before trial?
Yes, by absentee ballot. Michigan's constitution gives every registered voter the right to an absentee ballot without giving a reason, and a person held before trial or before sentencing is still a registered voter. The state's guidance to clerks says a ballot shouldn't be rejected just because the voter is in jail, and that a clerk has to confirm both a conviction and a jail or prison sentence before treating a jailed voter as ineligible.
For residence, the law is written with this exact situation in mind. MCL 168.11 says a person doesn't gain or lose a residence while confined in a jail or prison, so you register and vote at the address where you lived before you went in, not at the jail. Applications go to the city or township clerk for that address, and in 2023 the Secretary of State announced jail voting partnerships with several sheriffs, including Wayne County's. If someone you love is sitting in jail on a pending case this fall, the application is worth sending early, because mail moves slowly in both directions.
What are the dates for November 3, 2026?
October 19 is the date most people need to know. It's the last day to register online or by mail. From October 20 through Election Day you can still register, but only in person at your city or township clerk's office, with proof of residency.
- Monday, October 19: last day to register online or by mail.
- October 20 through November 3: register in person at your clerk's office with proof of residency. A Michigan driver's license or state ID works, and so does a current utility bill, bank statement, paycheck, lease, or government document, on paper or on your phone.
- Saturday, October 24 through Sunday, November 1: statewide early voting, at least nine days and at least eight hours a day. Some communities start earlier.
- Monday, November 2, 4 p.m.: last day to request an absentee ballot in person at your clerk's office.
- Tuesday, November 3: polls open 7 a.m. to 8 p.m. Absentee ballots have to reach the clerk or a drop box by 8 p.m.
To vote in a city or township you need to have lived there at least 30 days before the election, which matters if you've just moved home after a sentence.
What's the one mistake that actually is a crime?
Voting while you're actually serving a sentence. MCL 168.932a makes it a felony for a person who isn't a qualified and registered voter to willfully offer or try to vote, with up to four years and a $2,000 fine, and a false statement on a registration or a ballot application can be charged as perjury under MCL 168.933. The word "willfully" does real work in that statute, but it's not a test anyone wants to be the subject of, especially with an open case or a sentence still running.
The places where status gets murky are the edges: someone sentenced but out on a delayed report date, someone on a tether, someone in a residential reentry program. Those situations depend on the details of the sentence, and we'd rather answer the question before Election Day than defend it after. If your record is old enough that it's holding you back in other ways, our guide to expungement and the Clean Slate Act is the next thing to read, and if you have a case pending right now, our criminal defense team can tell you exactly where you stand. Your record didn't take your vote, and the sooner you check your registration, the easier it is to use it.
Quick answers
Can a convicted felon vote in Michigan?
Yes, as long as they aren't currently confined in jail or prison serving a sentence. Michigan doesn't take away the vote for a past felony, and people on probation or parole can register and vote.
Can you vote on probation or parole in Michigan?
Yes. The Secretary of State lists people on probation and on parole among those who can register and vote. Supervision isn't confinement, and only confinement under a sentence disqualifies you.
Can you vote if you're in jail awaiting trial in Michigan?
Yes. A person held before trial or before sentencing hasn't been sentenced, so they can register and vote by absentee ballot using the address where they lived before going to jail.
When is the Michigan voter registration deadline for November 2026?
October 19, 2026 is the last day to register online or by mail. After that, you can register in person at your city or township clerk's office with proof of residency through Election Day, November 3.
Related reading
- Michigan Expungement and the Clean Slate Act
- Misdemeanor vs. Felony in Michigan
- What Happens After a Probation Violation in Michigan?
- Criminal Defense at D.C. Law