Can a person who is not a convicted felon, but is on a deferred sentence for a felony, vote in the state and federal election?

In Oklahoma, a person on a deferred sentence for a felony is not considered a convicted felon and therefore retains the right to vote in state and federal elections. According to Oklahoma law, a deferred sentence is not classified as a conviction United States v. Turner, 497 F.2d 406, United States v. Parker, 604 F.2d 1327, 230:15-5-4 Exceptions for felony convictions. Specifically, Oklahoma Administrative Code § 230:15-5-4(a) explicitly states that a deferred sentence is not considered a conviction under Oklahoma law 230:15-5-4 Exceptions for felony convictions. Additionally, the case of United States v. Turner, 497 F.2d 406 confirms that a deferred sentence does not amount to a conviction under Oklahoma law United States v. Turner, 497 F.2d 406.

Furthermore, Oklahoma statutes outline that only individuals who have been convicted of a felony and have not yet fully served their sentence, including any term of incarceration, parole, or probation, are ineligible to vote § 4-101. Persons Entitled to Become Registered Voters [Effective January 1, 2025]. Since a deferred sentence does not equate to a conviction, the individual in question would not fall under this category and thus retains their voting rights.

Therefore, under current Oklahoma law, a person on a deferred sentence for a felony can vote in both state and federal elections United States v. Turner, 497 F.2d 406, 230:15-5-4 Exceptions for felony convictions, § 4-101. Persons Entitled to Become Registered Voters [Effective January 1, 2025].

Author: Brian J. Boeheim

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