Felony Disenfranchisement

Washington State: Voting Equals Productive, Law-abiding Citizens Samuel Merrill, the legislative chair for the Friends Committee on Washington Public Policy, published an op-ed column in the News Tribune applauding Gov. Chris Gregoire's recent move to eliminate what was referred to as a "poll tax" for voters with felony offenses. Applauding the legislators who backed the bill, he stated "the right to vote is an essential step in encouraging those returning from prison to feel that they, too, have a stake in our society and a chance to become productive, stable and law-abiding citizens." The law takes affect July 26. Pennsylvania: Inmates to Receive Notification of Voting Rights, Materials A state House committee passed a bill that would require Pennsylvania prisons to provide soon-to-be released inmates with voter-registration materials. "Doing so would benefit the inmates and society," stated a Daily Review editorial. "State lawmakers should pass the bill and Gov. Ed Rendell should sign it as a means to help those who have broken the law to embrace better citizenship, and to help their communities in the process." - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- e-mail: [email protected], web: http://www.sentencingproject.org

California: Court Justices Uphold Disenfranchisement, Senator Supports Banning More Voters The California Supreme Court let stand a ruling upholding California's absolute ban on voting by incarcerated persons and parolees, the Metropolitan News-Enterprise reported. The justices unanimously declined to review a ruling of the First District's Div. Two, where plaintiffs, representing people in prison and parolees, stated that the Fourteenth Amendment to the U.S. Constitution only permits disenfranchisement of persons convicted of common law felonies. California currently disenfranchises incarcerated individuals and parolees, but allows those on probation and formerly incarcerated to vote. An initiative was submitted last week, however, that would ban individuals from voting while on probation, the Sacramento Bee reported. Washington: A Long Time Coming The state Senate passed a bill that would automatically restore voting rights to individuals no longer "under the authority of the department of corrections." The bill, HB 1517, will become law once adopted by the House, which passed another version of the bill last month. Under the amendment, the right to vote is automatically restored, but may be revoked if an individual willfully fails to pay legal financial obligations three times within a 12-month period. Under current law, Washington residents with felony offenses are barred from voting until they have completed their sentence including parole or probation, and have paid all restitution and other court fees, the Associated Press reported in the Seattle Times. "We want to give men and women coming out of prisons a chance to go in a new direction," said Mike Carrell, R-Lakewood, who sponsored the amendment and voted for the bill. International: Voting in Prison is a Civic Right Commenting on The Independent's recent editorial supporting voting in prison, a writer's letter to the editor stated that the English government should reconsider its stance on disenfranchisement following a recent European court ruling. "...[T]he Council of Europe advocates a general stance of normalisation - making the position of prisoners as close as possible to that of people in the community as is consistent with the blunt realities of incarceration. The message to prisoners should be that they have responsibilities as well as rights, and voting, both a civic right and a responsibility, should be made available to them and encouraged." - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- email: [email protected], web: http://www.sentencingproject.org

Washington State: Getting Closer to Removing 'Poll Tax' In response to a bill that would remove financial barriers for those seeking to vote, the News Tribune published an editorial in support of the legislation. "Current state law enforces a double standard in restoring the voting rights of felons who've been released from state supervision. The ones with means to pay their court fines in full can vote; the ones who can only afford to pay down their debts bit by bit may have to wait years before they are deemed worthy of helping elect a mayor or approve a school bond. Such disparate treatment effectively makes the right to vote depend on the contents of a released felons' wallet." House Bill 1517 passed the House and awaits action in the Senate. If it becomes law, individuals will be able to re-register to vote once released from state custody, including any parole or probation. Marc Mauer, executive director of The Sentencing Project, was quoted in the Seattle Post-Intelligencer as saying, "People want there to be consequences for committing a crime. But certainly once the sentence has been completed, there's not that many people who think this should be a lifetime punishment imposed on you." . International: Inmates, Human Rights Organization Request Voting Rights Botswana prison inmates in Francistown have asked the Minister of Labour and Home Affairs for the right to vote during the general elections, according to the Botswana Press Agency. The inmates said they are still citizens of the country and should be allowed to exercise their democratic right to vote. Minister Peter Siele promised to consider the request, amongst other issues raised by the inmates. The Prison Reform Trust has lodged a formal complaint with the Council of Europe in an effort to repeal the United Kingdom's blanket ban on inmate voting. The organization calls the ban "an unjustified relic from the past which does not protect public safety or act as an effective deterrent," the Guardian reported. Washington, D.C.: Briefing to Focus on Democracy Restoration Act The Leadership Conference on Civil Rights is hosting a "Briefing on the Democracy Restoration Act and Felony Disenfranchisement - A Civil Right Denied," today from 3 to 4:30 pm at 1629 K Street, NW on the 10th Floor in Washington, D.C. Speakers include Hilary Shelton, Director, NAACP Washington Bureau; Deborah J. Vagins, Legislative Counsel, ACLU Washington Legislative Office; and Erika Wood, Deputy Director, Democracy Program, Brennan Center for Justice. RSVP to Jessica Cooke, [email protected] or call 202-263-2881. Delaware: House Votes in Favor of Vote Restoration The House voted 32-8 in favor of the a bill sponsored by Rep. Hazel D. Plant, (D-Wilmington Central), that would eliminate a five-year waiting period for rights restoration in the Delaware Constitution. Currently, the law allows individuals to vote five years after the expiration of sentence or if the governor grants a pardon. "People asked me why they had to wait five years before they could vote when if they got a job two days after getting out of prison, the government would tax them," Plant was quoted as saying in the News Journal. "Once a jury sentences you and you complete your sentence, complete your probation and make restitution, your sentence ends right there and you should be able to." Virginia: Governor Publishes Public Record of Reenfranchisement Cases Governor Tim Kaine recently published and submitted to the General Assembly a 385-page report documenting his record of rights restoration rights since his election in 2006. The document, "Pardons, Commutations, Reprieves and Other Forms of Clemency," was produced after several groups inquired about the state's time limit for voter registration prior to the November 4 election. The Secretary of the Commonwealth's office set an August 15 deadline and was able to accommodate about 1,000 people in time to register, the Richmond Times-Dispatch reported. Last year, Gov. Kaine restored voting rights to 1,500 residents with felony convictions; over his entire term, he has restored rights to more than 2800 individuals. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- e-mail: [email protected], web: http://www.sentencingproject.org

Florida: More Reform Needed In light of delays in processing applications for the restoration of voting rights, the ACLU has requested that the state automatically restore voting rights to hundreds of thousands of residents with felony convictions who have completed sentence. "It's very hard for anyone to know what's going on," said Muslima Lewis, a senior lawyer for the ACLU was quoted as saying by the New York Times. "The rules are convoluted and hard to understand." Reforms in 2007 spearheaded by Governor Crist eased the restoration process, but it remains plagued by delays and a lack of clarity as to eligibility requirements and the protocol of applying. The Sentencing Project Executive Director Marc Mauer said that there have been improvements in the state, but he added, "depending on which estimate you look at, prior to these numbers, there were as many as 900,000 people who have completed their sentences but were still ineligible." In some cases, the rights of individuals have actually been restored, but they are unaware of this fact because they have not been contacted by officials. The ACLU recently released a report stating that the restoration process is bureaucratic and confusing even for state officials and that many people are improperly being denied the right to vote. Minnesota: Lawmakers Support Voting Rights Two bills aimed at restoring voting rights to individuals with a felony conviction upon release from prison and providing notification about voting rights both passed out of the Senate State and Local Government Committee. The bills will now go on to the Judiciary Committee in the Senate. Tennessee: Policymakers Approve of 'Poll Tax' The Senate State and Local Government Committee approved legislation requiring payment of all fines and court costs before an individual becomes eligible to have their voting rights restored. Currently, a person convicted of a felony must be pardoned, discharged from custody or supervision, and have paid all restitution to the victim of the offense to have their rights of suffrage restored, Clarksville Onlinereported. Virginia: April Symposium Discusses Effects of Disenfranchisement Marc Mauer will be speaking about the impact of disenfranchisement on communities of color as part of a symposium at the University of Virginia, April 16 and 17. Professor Angela Y. Davis of the University of California, Santa Cruz will headline the conference entitled, "The Problem of Punishment: Race, Inequality and Justice," hosted by the Carter G. Woodson Institute for African-American and African Studies. Wisconsin: Paroled Citizen Charged for Voting in November Election An elections task force has charged a 31 year old, formerly incarcerated Milwaukee man with unlawfully registering to vote and voting on November 4, 2008 without having had his rights restored. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- e-mail: [email protected], web: http://www.sentencingproject.org.

National: Bipartisan, Religious Support for Federal Disenfranchisement Reform Erika Wood of the Brennan Center authored a Politico article on the Poverty Forum's support for the Democracy Restoration Act. The coalition of Christian leaders and policy experts from both conservative and liberal camps sent its recommendations to the Obama administration in what has been called a "rare instance of true bipartisanship." Federal legislation, soon to be introduced by Sen. Russ Feingold (D-Wis.) and House Judiciary Committee Chairman John Conyers Jr. (D-Mich.), would restore voting rights to people with felony convictions who are out of prison and living in the community. Alabama: Lobbying Against Disenfranchisement Bill Grassroots advocate Kenneth Glasgow of The Ordinary People's Society is lobbying against a bill that would revoke voting rights from individuals regardless of the offense they were charged with, the Dothan Eagle reported. The proposed bill would increase the number of crimes that involve moral turpitude from about 15 to more than 70 and revoke the voting rights of people charged with those crimes. Currently, individuals who have committed a crime of moral turpitude - including murder, robbery and rape - are disenfranchised. State Rep. Randy Wood, (R-Anniston), the House sponsor for the bill backed by Attorney General Troy King, said individuals who would lose their right to vote under the proposed bill would truly show that they are interested in being a part of society by applying to the state Pardons and Parole Board to have their rights restored, according to the Montgomery Advertiser. "I'm not saying I don't want people to have the right to vote, but losing the right to vote is part of the punishment," said Rep. Wood. "This way, if you serve your time and paid your debts to society, you can apply to have your voting rights restored and go vote." Sen. Bobby Singleton, (D-Greensboro) is drafting a bill that would do exactly the opposite of the King bill by giving individuals who have completed their sentences automatic restoration. "When you take a person's voting rights, you take them from being able to get public housing, public assistance, student aid, Pell Grants. They can't get a business license," Glasgow said. "It puts them in a position where they have a sentence for a certain amount of time, but the collateral consequences last a lifetime. Those of us who have been incarcerated who have paid our dues to society are not second-class citizens, we're second-chance citizens." Today, a press conference is scheduled at noon at Freedom Park, followed by a Criminal Justice Summit from 1 to 3 p.m. at the Wallace College Hank Sanders Technology Center, Meeting Room 105. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- e-mail: [email protected], web: http://www.sentencingproject.org.

National: Christian, Policy Leaders Unite to End Poverty, Disenfranchisement A coalition of Christian leaders and policy experts met this month in an effort to develop policy suggestions to the Obama administration on issues that contribute to poverty, the Washington Post reported. One of the issues documented included restoring voting rights to citizens charged with felony offenses. Representatives of the group were scheduled to present their proposals to the Obama administration last week. The group was founded by progressive evangelical leader Jim Wallis and a former speechwriter for then-President George W. Bush and current Washington Post columnist, Michael Gerson. Minnesota: Formerly Incarcerated Resident Sent to Jail for Voting A 25-year-old formerly incarcerated citizen in Minnesota was sentenced to 30 days in jail for casting a ballot in the November election, the Associated Press reported. Eric Stephen Willems plead guilty to a gross misdemeanor of illegal voting and his original one-year sentence was stayed. He must also serve three years probation after his release. He stated that he must have forgotten being told when he was released from prison that he couldn't vote. In Minnesota, individuals are banned from voting until their sentence, including probation and parole, has been completed. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- e-mail: [email protected], web: http://www.sentencingproject.org.

Washington: Voting Rights Legislation Receives Editorial, Police Support Writing a Seattle Post-Intelligencer op-ed in support of voting rights legislation being considered in Washington State, a police chief and county sheriff stated that reenfranchisement was part of "good law enforcement." Gil Kerlikowske, chief of the Seattle Police Department and John Lovick, Snohomish County sheriff, wrote: "We support this legislation and do not think that the financial obligation should be a barrier to being able to vote. Why? Voting is an important way to connect people to their communities, which in turn, helps them avoid going back to crime. We want those who leave prison to become productive and law-abiding citizens. Voting puts them on that path." Following the guest column, the Seattle Post-Intelligencer editorial board contributed its own view on disenfranchisement, calling the proposed measure "excellent legislation." Currently, the law strips voting rights from people with felony convictions who have outstanding court restitution and other fees which incur interest. The editorial states: "Combined with sociological factors, the current law has the dire effect of eliminating 17 percent of African-Americans and 10 percent of Latinos from voting eligibility. That's shockingly excessive. Legislators and Gov. Chris Gregoire should re-enfranchise those who have served their terms." The Columbian also published an editorial arguing that the time dedicated to the administration of checking individuals' balances is unnecessary. It also stated that the current law was not only a modern poll tax, but also racially discriminatory and "just plain malicious." Maryland: Bill Proposes Eligibility Notification Upon Release from Prison The Baltimore City Branch NAACP worked to help introduce into the Maryland General Assembly H.B. 483, which would require the Commissioner of Correction to provide written information on voter eligibility upon inmates' release from a State correctional facility. The bill, introduced by Del. Samuel Rosenberg and Sen. Lisa Gladden, would also require the Commissioner to work with the State Board of Elections in notice issue. Virginia/Kentucky: Disenfranchisement Reform Being Considered by Strictest States Project Vote's blog, TPM Café, featured an article on reform movements in the two states that permanently disenfranchise all citizens with felony offenses. Lawmakers in Virginia and Kentucky are considering reforming the law which bans that population from voting and requires people with felony convictions to seek permission to vote from their governors. South Dakota: Election Officials' Misunderstanding Disenfranchises Two Citizens "I will never get the chance to go back and make my voice heard," stated a woman who was erroneously denied the right to vote in the Nov. 4 general election, the Star Tribune reported. American Indians, Eileen Janis and Kim Colhoff are suing government officials in South Dakota because they say their felony criminal histories were improperly interpreted by election officials. State law disenfranchises those who have been sentenced to prison, according to the ACLU, but Janis and Colhoff were sentenced to probation, and thus should have been granted the right to vote. "It's hard not to feel like a second-class citizen when such a fundamental right is stolen in such a random way," said Janis. Nancy Abudu, staff counsel with the ACLU Voting Rights Project, said cases such as this one illustrates "the tragedy of what happens when election officials do not know how to administer the law." - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- e-mail: [email protected], web: http://www.sentencingproject.org

Virginia: Disenfranchisement Bill Condensed, Compromised The House Privileges and Elections Committee has reviewed at least six bills that would streamline restoring voting rights to individuals with felony offenses, according to the Progress-Index. Currently, individuals are permanently banned from voting unless their rights are restored by the governor. One proposal, submitted by Del. Rosalyn R. Dance, would amend Virginia's constitution by adding, "In addition, the General Assembly may provide by law for the restoration of civil rights to persons who have been convicted of felonies and who have completed service of their sentences, subject to the conditions, requirements, and classifications set forth in that law." A second proposal, by Del. Onzlee Ware, which the committee has recommended for approval, mimics Dance's bill, but restricts the restoration of rights to nonviolent offenders. The main committee now must consider whether to forward that bill for debate by the full House. "Half a loaf is better than none," said Dance who is now backing Ware's bill. "The fact that we've got colleagues on both sides of the aisle to look at this is a big step forward." Arizona: Amicus Brief Questions 'Poll Tax' The Brennan Center for Justice submitted an amicus brief in support of appellants in Coronado v. Napolitano, a case that challenges Arizona's statutory requirement that everyone with a felony conviction must pay all court-imposed fines and restitution before being eligible to vote. The brief questions whether Arizona's law violates the Twenty-Fourth Amendment. Visit the Brennan Center's web site to view the amicus brief. Washington: Lawmaker Takes a Stand for Reenfranchisement State Rep. Jeannie Darneille is pushing a bill that would change the state's law that currently bans individuals with felony offenses from voting if they have outstanding court ordered fines and fees, according to a Spokesman-Review blog. "It's not real freedom if you're excluded from any say in decisions that govern your life," Darneille said. "Basing anyone's voting right on how quickly they can pay a financial debt is unfair and un-American." In July 2007, the state's high court upheld the law banning voting until individuals have completed all the terms of their sentence, including payments. International: Journalist Votes in Iraqi Prison Iraqi television journalist, Muntazer al-Zaidi, who threw his shoes at President George W. Bush in Baghdad in December, cast his vote in his country's provincial election, the Herald Sun reported. Unlike the varied disenfranchisement laws in the United States, all individuals incarcerated in Iraq are eligible to vote - even if charged with high-profile crimes. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information: e-mail -- [email protected], web: http://www.sentencingproject.org.

California: Appeals Court Denies Claim That State Disenfranchisement Violates 14th Amendment A California state court of appeals denied a petition requesting the court direct elections officials to register certain persons in prison or on parole for a felony conviction, arguing that only persons convicted of common law crimes should be disenfranchised. The plaintiffs argued that Section 2 of the 14th Amendment only permits states to disenfranchise persons "for participation in rebellion or other crime" when those crimes were felonies at common law. These are defined as: treason, murder, manslaughter, mayhem, rape, arson, burglary, robbery, larceny, and sodomy. The plaintiffs claimed that the framers of the Constitution did not intend for "other crime" to encompass the broad range of felonies that currently populate state and federal statutes. The court disagreed, highlighting three key reasons. First, the U.S. Supreme Court, in its primary decision regarding felony disenfranchisement, Richardson v. Ramirez, never once referred to common law felonies in upholding the practice, but simply applied the ruling to all felonies. Secondly, the word "crime" in other parts of the U.S. Constitution is construed to apply more broadly than simply common law crimes. And, finally, the contemporary definition of crime in the mid- 19th Century, when the 14th Amendment was constructed, applied to more than felonies at common law. Virginia: Lawmakers Working Toward Reform Together Virginia law currently states that individuals seeking to restore their right to vote must wait between three to five years following completion of sentence before they may apply. Legislators, however, are working to reform this law by sponsoring separate constitutional amendments that would restore voting rights after completion of sentence, the Henrico Citizen reported. "During the last election, we realized how important voting rights are," Delegate Roslyn C. Tyler said. "If inmates have paid their debts to society, I think their rights should be restored. If we don't do something to help the process, they're going to return to the penal system again, and so it's a revolving door." A resolution must be passed by the General Assembly in two consecutive sessions and then approved by voters in a statewide election. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- e-mail: [email protected], web: http://www.sentencingproject.org

Maine: NAACP to Hold Annual Voter Registration Drive in Maine Prisons After negotiating with the Department of Corrections, the NAACP will now be able to hold annual voter registration drives at every prison facility in Maine. In honor of the anniversary of the Voting Rights Act of 1965, the annual drive this year will run for a week beginning August 6, and span six state-run facilities. Maine and Vermont are the only states that allow inmates to vote. To read more, see CorrectionsOne.com. Washington: State on Its Way to Easing Voting Process A felon voting rights bill was introduced this week in Washington State in an effort to restore rights after completion of sentence, the Seattle Times reported. Currently, individuals must pay all court fines and petition the court in order to get their voting rights restored. Supported by the ACLU, HB-1517, was introduced by Jeannie Darneille (D-Tacoma), who has introduced similar legislation over the past nine sessions. She said she is confident the bill will pass this session. A companion bill is being introduced in the Senate by Jeanne Kohl-Welles (D-Seattle.) International: Inmates to Vote in Next Election The Independent Electoral Commission in Kwazulu-Natal, a province of South Africa, has decided to allow patients in hospitals and prison inmates to vote in this year's elections to ensure those incarcerated can exercise their constitutional right, the Sowetan reported. "We have a special programme for prisoners in correctional facilities. We will begin with voter education and then register them," said commission electoral officer, Mawethu Mosery. "Come election day, we will help them to cast their votes. This programme will also include awaiting trial prisoners," he continued. Virginia: Disenfranchisement Undermines Democracy, Faith in Prison System In a Daily Press letter to the editor, a Williamsburg resident has urged her fellow Virginians to contact lawmakers to make the restoration process for individuals with felony offenses less time consuming. " ... In a society that places such an emphasis on 'getting out there and voting,' I'm wondering why we are still restricting the voting rights of some of our Virginia citizens, prohibiting them from participating in the democratic process," Kriston Rhodes wrote. Virginia is one of only two states that permanently disenfranchises all persons with felony convictions. Individuals with nonviolent offenses seeking restoration must wait three years after completing their sentence, while those with violent offenses must wait five years. "Failing to restore voting rights to Virginia citizens not only undermines the importance of participation in a democracy but also demonstrates a lack of faith in our prison system," she continued. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- e-mail: [email protected], web: http://www.sentencingproject.org