Michigan Compiled Laws
Mich. Comp. Laws § 168.758b (2026)
Voting by persons confined in jail or prison prohibited.
✓ current as of July 2026
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MICHIGAN ELECTION LAW
Act 116 of 1954
168.758b Voting by persons confined in jail or prison prohibited.
Sec. 758b.
A person who, in a court of this or another state or in a federal court, has been legally convicted and sentenced for a crime for which the penalty imposed is confinement in jail or prison shall not vote, offer to vote, attempt to vote, or be permitted to vote at an election while confined.
History: Add. 1975, Act 178, Imd. Eff. July 25, 1975
PopularName Notes:
Election CodeNotes of Decisions
Cited in 11
cases (2 in the last 5 years), 1991–2025 · leading case: People v. Smith, 918 N.W.2d 718 (Mich. 2018).
People v. Smith, 918 N.W.2d 718 (Mich. 2018). “Under MCL 168.758b, "[a] person who ... has been legally convicted and sentenced for a crime for which the penalty imposed is confinement in jail or prison shall not vote, offer to vote, attempt to vote, or be permitted to vote at an election while confined.”
United States v. Wegrzyn, 106 F. Supp. 2d 959 (W.D. Mich. 2000). “§ 168.758b deprives both misdemeanants and felons of the right to vote upon incarceration.”
United States v. Hammonds, 786 F. Supp. 650 (E.D. Mich. 1992). “§§ 168.758b, 168.938, and 600.1307a, Gilliam’s rights to vote, to hold public office, and to serve on a jury had been restored.”
United States v. Ronald Driscoll, 970 F.2d 1472 (6th Cir. 1992). “For the right to vote, it cited Mich.Comp.Laws Ann. § 168.758b: A person who, in a court of this or another state or in a federal court, has been legally convicted and sentenced for a crime for which the penalty imposed is confinement in jail or prison shall not vote, offer to…”
James McGrath v. United States, 60 F.3d 1005 (2d Cir. 1995). “, Mich.Comp.Laws Ann. §§ 168.758b, 168.938, 600.”
United States v. Gilliam, 778 F. Supp. 935 (E.D. Mich. 1991). “Mich.Comp.Laws Ann. § 168.758b (emphasis supplied).”
In Re Culpepper, 770 F. Supp. 366 (E.D. Mich. 1991). “§ 168.758b. Once released from prison, former felons' voting rights are restored.”
United States v. Butler, 788 F. Supp. 944 (E.D. Mich. 1991). “Mich.Comp.Laws Ann. § 168.758b states as follows: A person who, in a court of this or another state or in a federal court, has been legally convicted and sentenced for a crime for which the penalty imposed is confinement in jail or prison shall not vote, offer to vote, attempt…”
LaCroix v. Clayton (E.D. Mich. 2025). “” With respect to already registered individuals, Mich Comp. Laws Ann. § 168.758b reads in its entirety that: A person who, in a court of this or another state or in a federal court, has been legally convicted and sentenced for a crime which the penalty imposed is confinement in…”
Promote the Vote v. Sec'y of State (Mich. Ct. App. 2020). “MCL 168.758b. The Court of Claims did not err purely for expressing a more nuanced understanding of the right to vote in Michigan.”
People of Michigan v. Jack Raymond Smothers (Mich. Ct. App. 2025). “See Const 1963, art 2, § 2; MCL 168.758b. -2- Fourth, that the defendant’s act in assault, [sic] battering, wounding, resisting, obstructing, opposing, or endangering a police officer caused a bodily injury requiring medical attention or medical care to Timothy Randall.”
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