Does a person in prison have the right to vote?

Verified 11 July 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Convicted inmate

A prisoner who has not been definitively sentenced to a civil rights ban may vote:

  • Either by correspondence
  • Either by proxy
  • Or by going to the polling station

But in order to vote, he must be registered to vote.

An inmate may request:

  • Or to be registered on the electoral rolls
  • Or, to change its registration (for example, to change the polling station)

You can register or change your registration throughout the year.

Be careful, to vote in another election in particular, you have to make this step before a deadline.

The registration rules differ according to the form of the vote:

Voting by mail
Which voters list to register on?

In order to vote by mail, the inmate must apply to be registered on the electoral roll of the commune in which the prison is located. The inmate must provide the following 2 documents:

  • Attestation on the honor, which must include his name and forenames, his date and place of birth, his link with the commune, his signature, the stamp of the prison
  • Proof of identity and nationality. If the inmate does not have proof, the prison director may exceptionally provide a document attesting to the inmate's identity.
How to vote by mail?

Voting by mail takes place in the prison, before the date of the election or referendum (at the latest the Saturday before).

Before the vote, the prison director shall hand over to the detainee concerned the following documents:

  • Election leaflets (no later than the Wednesday before the election or referendum)
  • Identification envelope
  • Election Envelope

On the day of the vote in the prison, the director verifies the identity of the inmate who voted.

The inmate elector puts his or her ballot into the electoral envelope. It must take place in a place out of sight.

Then, the inmate elector puts in the identification envelope 

  • The Electoral Envelope
  • And proof of identity and nationality (copy of an identity document or certificate issued by the prison director).

He seals his identification envelope and indicates his first and last names, place of detention and nut number.

FYI  

Once the identification envelope has been sealed, the voter can no longer reconsider his vote.

The inmate who elects then delivers his identification envelope to the prison director and signs the list of voters.

Information on electoral rights

The prison director must inform the inmate who has the right to vote, or who will be of voting age on the day of the vote, of the forms of the vote (by correspondence, by proxy, at the polling station).

They must also inform them of how to register to vote.

They must do so within 15 days of the inmate's incarceration.

FYI  

The Director must provide him with the necessary means to register and to gather the required supporting documents.

Proxy voting
How do I vote by proxy?

The inmate may vote by proxy:

  • That is, when he did not ask permission to go out for a day to vote at the polling station
  • Or where permission has been denied

To do so, it must to appoint a voter (registered in the same commune) who will go to the polling station to vote for him the day of the election or referendum.

The inmate must apply to the prison registry to ask:

  • Issuance of an extract from the register of the nut justifying his inability to go to a polling station
  • And the passage of a police officer to certify the power of attorney
How do I register to vote?

As a prisoner, it is possible to apply to be registered on the electoral list of one of the following municipalities:

  • Municipality of the home
  • Municipality of his last residence of at least 6 months
  • Municipality of birth
  • Municipality in which one of its members was born, is registered or has been registered on the electoral list ascendants
  • Municipality on the electoral list of which her spouse or partner is registered Civil partnerships: titleContent or common-law partner
  • Municipality on the electoral list of which one of its members is registered or has been registered parents up to the 4th degree

To do so, the inmate must provide one of the following documents:

  • Proof of domicile or residence
  • Attestation on the honor of the detainee. It must contain his name and forenames, his date and place of birth, his link with the commune, his signature, the stamp of the prison.

The inmate must also provide a proof of identity and nationality. If the inmate does not have proof, the prison director may exceptionally provide a document attesting to the inmate's identity.

Information on electoral rights

The prison director must inform the inmate who has the right to vote, or who will be of voting age on the day of the vote, of the forms of the vote (by correspondence, by proxy, at the polling station).

They must also inform them of how to register to vote.

They must do so within 15 days of the inmate's incarceration.

FYI  

The Director must provide him with the necessary means to register and to gather the required supporting documents.

Voting at the polling station
How to vote at the polling station?

Before doing so, the inmate must ask the sentencing judge for permission to leave for one day to vote.

FYI  

Such permission shall be denied to a person sentenced to more than five years' imprisonment, until he has completed half of the sentence.

On election day, the inmate votes with respect the same rules as other voters, in particular as regards presentation proof of identity.

How do I register to vote?

As a prisoner, it is possible to apply to be registered on the electoral list of one of the following municipalities:

  • Municipality of the home
  • Municipality of his last residence of at least 6 months
  • Municipality of birth
  • Municipality in which one of its members was born, is registered or has been registered on the electoral list ascendants
  • Municipality on the electoral list of which her spouse or partner is registered Civil partnerships: titleContent or common-law partner
  • Municipality on the electoral list of which one of its members is registered or has been registered parents up to the 4th degree

To do so, the inmate must provide one of the following 2 documents:

  • Proof of domicile or residence
  • Attestation on the honor of the detainee. It must contain his name and forenames, his date and place of birth, his link with the commune, his signature, the stamp of the prison.

The inmate must also provide a proof of identity and nationality. If the inmate does not have proof, the prison director may exceptionally provide a document attesting to the inmate's identity.

Information on electoral rights

The prison director must inform the inmate who has the right to vote, or who will be of voting age on the day of the vote, of the forms of the vote (by correspondence, by proxy, at the polling station).

They must also inform them of how to register to vote.

They must do so within 15 days of the inmate's incarceration.

FYI  

The Director must provide him with the necessary means to register and to gather the required supporting documents.

A person who has been sentenced by the courts (a court) to the loss of his or her civil rights shall lose his or her right to vote during the period prescribed by the judgment.

The loss of civil rights begins when the conviction is final, that is to say when the remedies (appeal, cassation...) are exhausted, or when the time limits for appeal have expired.

Pre-trial detention

A prisoner who has not been definitively sentenced to a civil rights ban may vote by proxy or by mail.

But in order to vote, he must be registered to vote.

An inmate may request:

  • Either register to vote
  • Or to change his registration (for example, to change polling station)

You can register or change your registration throughout the year.

Be careful, to vote in another election in particular, you have to make this step before a deadline.

The registration rules differ according to the form of the vote:

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Proxy voting

How do I vote by proxy?

The inmate may vote by proxy:

  • That is, when he did not ask for permission to leave for one day to vote at the polling station
  • Or when he has been denied that permission.

To do so, it must to appoint a voter (registered in the same commune) who will go to the polling station to vote for him the day of the election or referendum.

The inmate must apply to the prison registry to ask:

  • Issuance of an extract from the register of the nut justifying his inability to go to a polling station
  • And the passage of a police officer to certify the power of attorney.
How do I register to vote?

As a prisoner, it is possible to apply to be registered on the electoral list of one of the following municipalities:

  • Municipality of the home
  • Municipality of his last residence of at least 6 months
  • Municipality of birth
  • Municipality in which one of its members was born, is registered or has been registered on the electoral list ascendants
  • Municipality on the electoral list of which her spouse or partner is registered Civil partnerships: titleContent or common-law partner
  • Municipality on the electoral list of which one of its members is registered or has been registered parents up to the 4th degree

To do so, the inmate must provide one of the following documents:

  • Proof of domicile or residence
  • Attestation on the honor of the detainee. It must contain his name and forenames, his date and place of birth, his link with the commune, his signature, the stamp of the prison.

The inmate must also provide a proof of identity and nationality. If the inmate does not have proof, the prison director may exceptionally provide a document attesting to the inmate's identity.

Information on electoral rights

The prison director must inform the inmate who has the right to vote, or who will be of voting age on the day of the vote, of the forms of the vote (by correspondence, by proxy, at the polling station).

They must also inform them of how to register to vote.

They must do so within 15 days of the inmate's incarceration.

FYI  

The Director must provide him with the necessary means to register and to gather the required supporting documents.

Voting by mail

Which voters list to register on?

In order to vote by mail, the inmate must apply to be registered on the electoral roll of the commune in which the prison is located. The inmate must provide the following 2 documents:

  • Attestation on the honor, which must include his name and forenames, his date and place of birth, his link with the commune, his signature, the stamp of the prison.
  • Proof of identity and nationality. If the inmate does not have proof, the prison director may exceptionally provide a document attesting to the inmate's identity.
How to vote by mail?

Voting by mail takes place in the prison, before the date of the election or referendum (at the latest the Saturday before).

Before the vote, the prison director shall hand over to the detainee concerned the following documents:

  • Election leaflets (no later than the Wednesday before the election or referendum)
  • Identification envelope
  • Election Envelope

On the day of the vote in the prison, the director verifies the identity of the inmate who voted.

The inmate elector puts his or her ballot into the electoral envelope. It must take place in a place out of sight.

Then, the inmate elector puts in the identification envelope:

  • the electoral envelope
  • and proof of identity and nationality (copy of an identity document or certificate issued by the prison director).

He seals his identification envelope and indicates his first and last names, place of detention and nut number.

FYI  

Once the identification envelope has been sealed, the voter can no longer reconsider his vote.

The inmate who elects then delivers his identification envelope to the prison director and signs the list of voters.

Information on electoral rights

The prison director must inform the inmate who has the right to vote, or who will be of voting age on the day of the vote, of the forms of the vote (by correspondence, by proxy, at the polling station).

They must also inform them of how to register to vote.

They must do so within 15 days of the inmate's incarceration.

FYI  

The Director must provide him with the necessary means to register and to gather the required supporting documents.

FAQ