You’ve probably heard about Jim Crow laws in the South. But here’s the thing most people don’t know. New York had Jim Crow laws too. Really strict ones. And honestly? Some of those old laws are still around today, affecting New Yorkers right now.
Let’s break down what happened in New York and why it still matters in 2026.
What Are Jim Crow Laws, Anyway?
Think of Jim Crow laws as rules that kept Black people and white people separated. These laws made segregation legal. You couldn’t sit together on buses. You couldn’t eat at the same restaurants. You couldn’t even use the same bathrooms.
The name comes from a racist minstrel show character from the 1800s. When states started passing these segregation laws, people started calling them “Jim Crow laws.”
Sound crazy? Yep, because it was. But it was very real.
Why Jim Crow Laws Existed
After slavery ended in 1865, newly freed Black people got certain rights. The 14th Amendment said everyone born in America was a citizen. The 15th Amendment said you couldn’t stop someone from voting because of their race.
White lawmakers weren’t happy about that. So they got creative. They made new laws to limit Black voting rights and control where Black people lived and worked. These “creative” laws? That was Jim Crow.
Here’s where it gets interesting. Most people think Jim Crow only existed in the South. But states like New York used their own versions too.
New York’s Sneaky Jim Crow Laws
New York didn’t pass laws saying “Black people can’t do X.” That would have been too obvious. Instead, New York used a trick.
For about 100 years, New York kept finding ways to stop Black people from voting. Here’s how:
The Property Requirement Trap
In 1821, New York made a new state constitution. That’s when things got bad for Black voters. The state said Black men had to own property worth $250 to vote. White men? They didn’t need any property at all.
Pretty unfair, right? Exactly. By 1872, New York was the only state doing this. The only one.
The Criminal Voting Ban
Now, here’s where New York’s real trick happened. In 1870, the 15th Amendment forced New York to get rid of that property requirement. Black men could vote now.
But wait—New York had a backup plan. Literally.
In 1874, New York changed its criminal laws. The state said if you got convicted of a crime, you couldn’t vote. That sounds reasonable on its face. But here’s the sneaky part: they did this right after getting rid of the property requirement.
This wasn’t random timing. This was calculated. Historians and legal experts say New York did this on purpose to keep Black voting power down.
Not sure how? Let me break it down.
How the Trick Actually Worked
Black people were arrested at higher rates than white people. That wasn’t because Black people committed more crimes. It was because of racism in the police and legal system.
So if you arrest more Black people, and you say convicted people can’t vote, who loses their voting rights? Black people.
It’s like a mathematical equation. More arrests = more convictions = fewer voters in that group. The law accomplished what the property requirement did, but in a sneakier way.
In 1900, 38 states had similar laws. But New York was one of the first to pull this trick. And that matters.
What Does This Mean Today?
Okay, pause. This is important. That law from 1874? It’s still on the books. Still in effect. Still preventing New Yorkers from voting right now.
Here’s what the current rule is:
If you’re in prison for a felony, you can’t vote. Once you’re released, you get your voting rights back automatically. This changed in 2021, which was good progress.
But listen to this: More than 108,000 New Yorkers can’t vote because of past convictions. Nearly 80% of those people are Black or Latino.
Does that number seem connected to what happened in 1874? Because it is.
This law is sometimes called a “felon disenfranchisement” law. That just means it takes voting rights away from people with criminal convictions. It sounds neutral. But its effects are anything but neutral.
The Voting Rights That Changed
In May 2021, Governor Cuomo signed important new legislation. Here’s what changed:
Before 2021: If you were released from prison but still on parole, you couldn’t vote. That was brutal because some people spend years on parole.
After 2021: Once you’re released from prison, your voting rights come back. Even if you’re on parole. Even if you’re on probation. You can vote.
That was a huge step forward. But the core issue remains. You still can’t vote while you’re incarcerated.
Who Can Vote After a Criminal Conviction in New York?
Let’s be crystal clear about this because it confuses people:
You CAN vote if: You’re on parole. You’re on probation. You’re on post-release supervision. You’ve completed your entire sentence. You were convicted of a misdemeanor (not a felony). You’re awaiting trial. You’re in jail waiting trial (you can vote by absentee ballot).
You CANNOT vote if: You’re currently serving a felony sentence in prison.
Pretty straightforward, right? But tons of people don’t know these rules. Corrections officers don’t always explain them. Election officials sometimes get confused. And that confusion means eligible people don’t vote.
Why This History Matters Right Now
You might be thinking, “Okay, but that was 150 years ago. Why should I care?”
Here’s why. That 1874 law was designed to target Black voters. And in 2026, it still does. The people affected are disproportionately Black and Latino New Yorkers.
That’s not an accident. That’s a pattern. A law that starts racist doesn’t magically become fair. Its effects just keep going.
Researchers at the Brennan Center for Justice did the math. They found that one in three young Black men will be disenfranchised at some point in their lives. One in three.
For comparison, that number for white men is much, much lower.
This isn’t about crime or punishment. This is about history repeating itself.
The Bigger Picture: Jim Crow in the North
Most people assume Jim Crow only happened down South. In Alabama. In Mississippi. In the Deep South states.
Wrong. Jim Crow went north. It showed up in New York, New Jersey, Chicago, Los Angeles, and beyond.
How Northern Jim Crow Worked Differently
Southern states passed super obvious laws. “Colored Only” signs. Separate water fountains. Separate schools. Separate everything. It was written down. Public. In your face.
Northern states were sneakier. They didn’t need signs. Unwritten rules did the job just fine.
Black workers couldn’t get certain jobs. Bank managers wouldn’t lend to Black families for houses. Landlords wouldn’t rent to Black people. Police arrested Black people at disproportionate rates.
And when laws like New York’s voting ban kicked in, the effect was the same as the South. Black people lost power. Political power. Economic power. Social power.
New York’s Specific Jim Crow System
Starting in the late 1700s, New York had:
- Slavery for about 100 years
- Property requirements for Black voters (1821-1874)
- Criminal voting bans targeting Black people (1874-present)
- Unwritten rules keeping Black people out of jobs and neighborhoods
- Segregated schools and neighborhoods that lasted into the 1960s
All of this was Jim Crow. Not all of it was written in obvious ways. But it worked.
How New York Is Trying to Fix This
The state isn’t ignoring this history. In 2021, restoring voting rights to people on parole was a big win. But there’s still work to do.
Right now, bills are being introduced in the state legislature to:
- Restore voting rights to people currently incarcerated. Vermont and Maine already allow this. Some people think New York should too.
- Expand voter registration assistance when people are released from prison.
- Automatically register people to vote when they get their rights back.
These bills have supporters across the political spectrum. Some people see them as criminal justice reform. Others see them as fighting the legacy of Jim Crow. Both perspectives matter.
What You Should Know If You’ve Been Convicted of a Crime
Confused about your own voting rights? Here’s what to do:
Step 1: Figure Out Your Status
Are you in prison right now? Can’t vote. Are you out of prison and released? Can vote. Are you on parole, probation, or post-release supervision? Can vote. Were you convicted of a misdemeanor? Can vote.
Step 2: Register to Vote
Once you know you can vote, you need to register. The state doesn’t automatically register you even if you’re eligible.
You can register online at ny.gov/services/register-vote. You can also register at your county board of elections. Public libraries have forms too. Libraries don’t cost anything, and the staff can help.
Step 3: Vote
Once registered, vote. It’s that simple. Early voting. Mail-in ballots. Election day. Pick whatever works for you.
Pro tip: When you’re released from prison, corrections officers should give you voter registration forms and information. Don’t lose those. But if you do, you can always register later online.
Frequently Asked Questions
Can I vote if I’m on probation in New York?
Yes. You can register and vote while on probation. Probation doesn’t take away your voting rights.
What if I was convicted a really long time ago and finished my sentence?
You can vote. Once you’re released from prison, your rights come back. There’s no waiting period.
Do I have to tell employers or anyone else that I voted?
No. Your vote is private. Nobody can ask you who you voted for.
If a conviction gets dismissed or expunged, can I vote?
Yes. If your conviction is dismissed, sealed, or expunged, voting rights aren’t an issue. You can definitely vote.
What if I disagree with the voting ban? What can I do?
Contact your state legislators. Tell them you want voting rights restored for incarcerated people. Advocacy groups like the Brennan Center for Justice and the NYCLU are working on this issue too.
Why Understanding This Matters
This isn’t just history. This isn’t just about voting rights. This is about understanding how laws get used to control people.
A law doesn’t have to say “this targets Black people” to target Black people. It just has to be written in a way that affects them more. And then enforced in a way that affects them more. And then it keeps affecting them, generation after generation.
New York’s voting ban law has been doing this for 150 years. It was designed that way. It’s still working that way.
But here’s the hopeful part. States and the country are starting to wake up to this. More people are learning the history. More people are asking questions. More people are pushing for change.
And that’s how things shift. Awareness. Education. Action.
Final Thoughts
Jim Crow laws aren’t just a Southern history lesson. They’re a New York story too. They shaped the state. They shaped communities. And their effects are still here.
The voting ban on people with felony convictions is the most obvious Jim Crow law still on the books in New York. It’s the one people can actually point to and say, “This came from Jim Crow.”
But understanding this history helps you understand bigger things. How laws work. How discrimination can hide behind neutral-sounding rules. How history repeats itself unless we actively stop it.
So stay informed. If you’re eligible to vote, register. If you’re helping someone navigate the system, share what you know. And if this history bothers you—it should—get involved.
That’s how you fight Jim Crow. Not with anger. With information and action.
References
- Brennan Center for Justice: Jim Crow in New York
- New York State Board of Elections: Right to Vote After Release
- NYCLU: Voting Rights of New Yorkers with Felony Convictions
- NY Courts: Voting After Conviction
- Brennan Center: Voting Rights Restoration Efforts in New York
- History.com: Jim Crow Laws Definition, Examples & Timeline
- Jim Crow Museum: Timeline
