Every election season a lot of people in Plymouth, Canton, and Northville quietly sit it out because they believe a case took their vote away. Some of them are on probation from the 35th District Court, some are out on bond waiting for a trial date, and some finished a sentence years ago and were told, by someone who sounded sure, that a conviction means you can't vote. In Michigan that's wrong for almost all of them. The law takes the vote from one group only, people serving a jail or prison sentence right now, and with the online registration deadline for the November 3 election falling on October 19, it's worth knowing which side of that line you're on before the line at the clerk's office forms without you.
Who can't vote in Michigan because of a criminal case?
Only someone who's been convicted, sentenced to jail or prison, and is confined serving that sentence at the time of the election. That's the whole rule, and it comes from MCL 168.758b, which says a person legally convicted and sentenced to confinement in a jail or prison can't vote while confined. Michigan's constitution lets the Legislature exclude people from voting because of commitment to a jail or penal institution, and the statute uses that power narrowly. It applies to convictions in Michigan, in other states, and in federal court.
Two words in the statute do most of the work. It says "crime" rather than felony, so a misdemeanor jail sentence counts while it's being served, and it says "while confined," so the disqualification lasts exactly as long as the confinement does. Nobody in Michigan loses the vote permanently because of a conviction, which is the opposite of what a lot of people have been told.
Can you vote on probation or out on bond?
Yes. The Michigan Secretary of State lists people on probation, people on parole, and people waiting for arraignment or trial, whether they're in jail or out, among those who can register and vote. Being out on bond with a pending case in the 35th District Court doesn't affect your vote at all, because you haven't been convicted of anything, and the same is true if you're held in jail before trial, since there's no sentence yet. People detained before sentencing can register too.
Probation works the same way. Supervision isn't confinement, so reporting to a probation officer, taking alcohol tests, or paying fines and costs doesn't touch your right to vote. A probation order can control a lot of your life, as we covered in our piece on what happens when you miss a test, a payment, or a meeting, but whether you vote isn't one of the things it decides.
What if your sentence includes jail time?
Then the answer depends on where you are on Election Day. Jail ordered as part of a sentence, including jail days that a judge makes a condition of probation, is generally treated as confinement under that sentence, so you shouldn't vote while you're serving it. Once you're released, the bar lifts that same day, even if probation continues afterward. If your jail days are scheduled for a later date, you can vote before you report.
The edges are where people get unsure. Someone serving weekend jail, someone on a tether, someone whose sentencing date falls right around Election Day, or someone in a residential program may each be in a slightly different position depending on what the judgment of sentence actually says. Those details are worth checking with the lawyer who handled your case before you cast a ballot, because the answer is in the paperwork rather than in a general rule.
Do you have to restore your rights after a sentence?
No, because Michigan never took them in a way that needs restoring. Michigan Legal Help, the court system's self help site, says the right to vote is automatically restored on release with no special process, and the only practical step is making sure you're registered at the address where you live now. Michigan law also now has the Department of Corrections and the Secretary of State coordinate so eligible people leaving prison are registered automatically unless they decline.
What trips people up is the registration, not the conviction. A registration can be canceled when mail to the old address comes back undeliverable, and a canceled voter has to register again, which is a common result of moving during or after a case. You can check your status online through the Secretary of State before the October 19 deadline, and if you've moved, updating it takes a few minutes.
What are the key dates for the November 3 election?
Monday, October 19 is 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, and you'll need proof of residency, such as a Michigan driver's license or state ID, or a current utility bill, bank statement, paycheck, lease, or government document, on paper or on your phone. You also need to have lived in your city or township for at least 30 days before the election.
Statewide early voting runs from Saturday, October 24 through Sunday, November 1, for at least nine days and at least eight hours a day, and some communities start earlier. The last day to request an absentee ballot in person at your clerk's office is Monday, November 2 at 4 p.m. On Tuesday, November 3, polls are open from 7 a.m. to 8 p.m., and absentee ballots have to reach the clerk or a drop box by 8 p.m.
Can voting ever get you into new trouble?
Only if you vote while you're actually disqualified. MCL 168.932a makes it a felony, punishable by up to four years and a $2,000 fine, for someone who isn't a qualified and registered voter to willfully try to vote, and a false statement on a registration or ballot application can be charged as perjury under MCL 168.933. The statute requires willfulness, but nobody with an open case or a sentence still running wants to be the person who tests that word, which is why the jail edge cases above are worth a phone call.
For everyone else, which is most people with a record, voting carries no legal risk at all. It doesn't violate probation, it doesn't affect bond, and it doesn't reopen anything. The more common problem with an old conviction is everything else it touches, like job applications, apartment screenings, and professional licenses, and that's where a set aside can actually change things.
Is a record still worth clearing if it doesn't affect your vote?
Yes, because the vote was never the part a record takes from you. A conviction shows up on background checks for employers, landlords, and licensing boards, and Michigan's set aside law, including the automatic process under the Clean Slate changes, can remove many of them from public view. If an old case is still following you, our Michigan expungement practice can tell you whether it qualifies now and how long the process takes, and our guide to who qualifies under Clean Slate in 2026 walks through the waiting periods.
In the meantime, check your registration this week, and if you're on probation, out on bond, or done with a sentence, plan to vote like anyone else. Call Boria Law at (734) 453-7806 if you're unsure whether your sentence affects Election Day, and Attorney Aaron J. Boria will look at the judgment of sentence and give you a straight answer. A case can cost you a lot, but in Michigan the only thing that should keep you out of the line at the clerk's office is a cell, and only while you're in it.
Quick answers
Can a felon vote in Michigan after release?
Yes. The right to vote comes back automatically when the person is released from jail or prison. There's no waiting period or petition, but the person needs a current voter registration at the address where they live now.
Does voting violate probation in Michigan?
No. People on probation can register and vote in Michigan, and voting isn't something a probation order restricts. The only exception is time actually spent in jail as part of the sentence, when the person can't vote until released.
Can I register to vote on Election Day in Michigan?
Yes. After the October 19 online and mail deadline, you can register in person at your city or township clerk's office through Election Day with proof of residency, and then vote at the same time.
Related reading
- Michigan Expungement in 2026: Who Qualifies Under Clean Slate
- Michigan Probation Violations: Missed Tests, Payments, and Meetings
- Your First Court Date in the 35th District Court
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