Although former President Donald Trump will likely be able to vote in November following his felony convictions, that's not so for millions of Americans similarly convicted on felony charges.

In 2020, before becoming president, Joe Biden promised that if he took office he would incentivize states to automatically restore voting rights for people who have served their sentences for felony convictions.

Since then, Biden has expressed support for legislation that would expand voting rights to this group, but voting rights advocates told PolitiFact they saw no efforts from the president to push this promise forward.

"We are not aware of any action taken by the White House to incentivize states to restore voting rights," Blair Bowie, director of the Restore Your Vote program at the Campaign Legal Center, a group that advocates for voting access, said.

The states, not the federal government, set laws about whether people with felony convictions lose their voting rights. In the District of Columbia, Maine and Vermont, people with felony convictions never lose their right to vote, even while incarcerated, according to an analysis by the National Conference of State Legislatures. 

In about half the states, people lose voting rights only while incarcerated for felony convictions. In other states, people must meet requirements, such as paying off fines, to regain voting rights. In Florida, some people with felony records have faced a confusing, complicated process to determine how to regain their voting rights.

During the past decade, trends have turned toward states making it easier for people to regain their voting rights; this has continued during Biden's administration, including in Republican-led Nebraska and Oklahoma. 

Eleven states have enacted laws to better enable incarcerated people to vote who have not stripped of their voting eligibility, for example people in county jails, according to the Voting Rights Lab, a group tracking state legislation on voting rights. 

Nine states have enacted laws to provide restoration or registration information to citizens leaving custody, Voting Rights Lab found. 

Colorado Gov. Jared Polis, a Democrat, signed a bill May 31 requiring county jails to create polling locations for people who are being held in jail but have not been convicted to vote in general elections.

Proponents of expanding voting rights argue that after people with convictions pay their debt to society, they should be allowed to vote. Opponents say that those who break the law should not easily earn back the right to vote. 

When we asked for evidence of Biden's work on this promise, a White House spokesperson pointed to Biden's May statement in which he vowed to sign the Freedom to Vote Act. That bill states that citizens shall not be denied the right to vote because of a conviction unless they are incarcerated for a felony at the time of the election. But that bill has stalled, as has similar legislation in Congress. It is unlikely that voting rights legislation will pass this year.

The White House also pointed to a 2023 state-by-state guide to voting rights restoration the Justice Department published in response to Biden's executive order, which directed the attorney general to provide voter registration information to citizens leaving federal custody. But that guide doesn't incentivize states to change their laws.

Voting rights advocates say there are steps Biden could take to encourage states to make the ballot casting easier for people with felony convictions.

"He could be a stronger voice calling attention to these persisting policies that currently disenfranchise 4.4 million people with felony convictions including many who are in the community," said Nicole Porter, senior director of advocacy at the Sentencing Project, an organization that advocates for full inclusion in society of people with criminal records.

Neil Volz, deputy director of the Florida Rights Restoration Coalition, previously told PolitiFact that the federal government could tie some streams of federal funding to states' efforts to restore voting rights to felons. 

PolitiFact's promise tracking rates outcomes, not intentions. More than three years into Biden's presidency, Biden has not given states incentives to restore voting rights. We rate this promise Broken.

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RELATED: Biden Promise Tracker

When the Senate rejected moving ahead on major voting rights legislation, it jeopardized President Joe Biden's promise to incentivize states to automatically restore voting rights for felons who have served their sentences. 

Biden supported federal legislation that went further than his promise: H.R. 1, a sweeping voting rights bill, included a provision to require states to restore felons' voting rights for federal elections after they leave prison. We moved Biden's promise to In the Works after the bill passed the House in March.

But in June, the Senate voted 50-50  to proceed with debate, falling 10 votes short to move forward. That vote effectively blocked the legislation in the Senate.

The states, not the federal government, set laws about whether felons lose their voting rights and how they can regain them. In the District of Columbia, Maine and Vermont, felons never lose their right to vote, even while incarcerated, according to an analysis by the National Conference of State Legislatures. In 21 states, felons lose their voting rights only while incarcerated, and receive automatic restoration upon release. In some other states, felons have to meet certain requirements to regain voting rights, such as waiting for a certain period of time or paying off fines, fees and restitution.

Supporters of restoring voting rights to felons say they should have the same rights no matter where they live in the U.S. Opponents of such a national policy say that state lawmakers should retain the power to set their own voting laws. 

The demise of the bill in the Senate leaves Democrats with the option of trying to pass more narrow bills to expand voting rights, but so far they haven't made progress. Sen. Benjamin Cardin, D-Md., introduced a bill in February to restore voting rights to felons when they leave prison, but it hasn't moved forward. The legislation states that in 2020, an estimated 5.2 million citizens could not vote as a result of a felony conviction and that the majority were no longer in prison.

We asked advocates in favor of restoring felons' voting rights what steps the Biden administration could take to achieve this promise.

Neil Volz, deputy director of the Florida Rights Restoration Coalition, said that some streams of federal funding could be tied to states restoring voting rights to felons. As a candidate, Biden proposed a $20 billion competitive grant program to spur states to shift from incarceration to prevention. 

As part of such a program, the federal government could require states to end felony disenfranchisement and any related policies, such as those that require payment of legal financial obligations in order to vote, Volz said. 

States "could apply to receive funding to invest in efforts to promote civic engagement and education, which hold their own benefits for community development and public safety," Volz said.

Biden has time to try to find a way to incentivize states to restore voting rights to felons, but for now it appears that states will continue to chart their own path with varying policies. We rate this promise Stalled. 

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As a presidential candidate, Joe Biden promised to incentivize states to automatically restore voting rights for individuals convicted of felonies once they have served their sentences. 

As president, he hasn't done that, but he has supported pending legislation that would go a step further: requiring states to restore felons' voting rights for federal elections after they leave prison. 

The legislation, H.R 1, passed the House in March and had a hearing in a Senate committee, but it's unlikely it can pick up enough Senate Republican support to get past a filibuster. Biden called H.R. 1 "landmark legislation" that will protect the right to vote and strengthen democracy.

Currently, each state sets its own laws about whether felons lose their voting rights and how they can regain them. In the District of Columbia, Maine and Vermont, felons never lose their right to vote, even while they are incarcerated, according to a January analysis by the National Conference of State Legislatures. In some states, felons lose their voting rights while they are incarcerated but have them automatically restored upon release. In other states, felons regain voting rights after completing parole or probation, and sometimes after paying outstanding fines or fees. 

H.R. 1 seeks to make the rules uniform nationwide. Supporters of the bill say voting rights shouldn't depend on where you live, while critics say state elected officials should retain the right to set election laws for their own jurisdictions.

Supporting federal legislation doesn't precisely match Biden's promise to incentivize states, but it aims for the same goal: restoring voting rights for felons. For now, we rate this promise In the Works.

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