Comment: Voting is a fundamental democratic right and essential to citizenship. But the government believes prisoners shouldn’t have this right. It’s planning to change the law to ban all sentenced prisoners from voting while they’re in prison.
The ban, included in the Electoral Amendment Bill before select committee, would reverse changes made in 2020 that gave voting rights to prisoners who were serving sentences of less than three years.
The proposed ban comes despite the recommendation of the Independent Electoral Review that voting rights should be restored to all prisoners. Its 2023 report concluded:
“Given the fundamental nature of the right to vote, disenfranchisement should not form part of someone’s punishment.”
Banning prisoners from voting is not only at odds with New Zealand’s human rights obligations but also risks undermining prisoner rehabilitation efforts.
Participation is rehabilitation
Allowing prisoners the right to vote gives them a connection to society and can contribute to a sense of civic responsibility, both of which are key for rehabilitation. Voting signals to prisoners that they remain members of the community, even while incarcerated.
Including prisoners in democratic processes is also a way to motivate change and reduce the risk of reoffending. Being a member of society and having a voice in that society can increase what psychologists call prosocial identity building—in short, positive social attitudes such as altruism and cooperation, which decrease the likelihood of further offending.
Denying prisoners the right to vote therefore risks undermining rehabilitation goals. It also risks increasing social exclusion and disconnection by making it harder for prisoners to see themselves as law-abiding citizens. This, in turn, increases the risk of recidivism.
Ignoring established rights
There’s a clear conflict between banning prisoners from voting and the right to vote contained in the New Zealand Bill of Rights Act.
In her report on the bill, Attorney General Judith Collins pointed out that the proposed ban was inconsistent with section 12 of this act. Section 12 affirms the right of every New Zealand citizen aged 18 and over to vote in general elections.
A total voting ban also ignores our international human rights obligations.
The Ministry of Justice’s departmental disclosure statement on the bill acknowledges that the United Nations Human Rights Committee regards blanket prisoner voting bans to be a breach of the right to democratic participation. This right is set out in Article 25 of the International Covenant on Civil and Political Rights.
Moreover, given it will affect Māori disproportionately, the ban clashes with the United Nations Declaration on the Rights of Indigenous Peoples and the International Convention on the Elimination of All Forms of Racial Discrimination. Article 5c of the latter requires parties to prohibit and eliminate racial discrimination and guarantee political rights, including voting rights.
Effects worse for Māori
The planned ban will be especially harmful for Māori, including wāhine Māori (Māori women), as they are imprisoned to a disproportionately larger extent. In March 2025, 53 percent of the prison population was Māori, despite Māori comprising 18 percent of the general population.
The Justice Ministry’s departmental disclosure statement says there was no consultation with Māori about the policies in the bill. The same statement refers to a Waitangi Tribunal finding that the Crown had previously failed to obtain sufficient information about the effect on Māori of the prisoner voting ban in place before 2020. Such a lack of specific consultation in relation to this bill is therefore disappointing.
Research shows that prisoners who experience racial discrimination have a higher likelihood of recidivism. By revoking the right to vote from people in prison, the government therefore risks further enhancing discrimination against Māori and increasing the likelihood of negative outcomes.
In our view—as experts spanning the areas of criminology, psychology, and law—imposing a voting ban is flawed on three counts: it ignores our human rights obligations, it risks undermining rehabilitation efforts, and it increases discrimination.
The right to vote should not be seen as a privilege but a fundamental right that lasts throughout imprisonment. Upholding prisoners’ right to vote would affirm their citizenship, align with human rights standards, and strengthen New Zealand’s democracy.
This article was originally published on Newsroom.
Hedwig Eisenbarth is an associate professor in the School of Psychological Sciences, Ti Lamusse is a lecturer in Criminology, and Yvette Tinsley is a professor of Law at Te Herenga Waka—Victoria University of Wellington. Brenna Wynn, Nia Road, and Dr Anka Bernhard, a visiting researcher at Te Herenga Waka, also contributed to this article.