The Sentencing Project: Disenfranchisement News 1/30/09

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