In this issue

·         International: Kenyan Prisoners to Vote in August; Disenfranchisement Addressed Across Borders » GO

·         Oklahoma: State Officials Still Confused » GO

 

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July 8, 2010

Disenfranchisement News

International

Kenyan prisoners to vote in August

After a petition was filed by prison inmates in Mombasa, a Kenyan court has decided to allow prisoners to vote in the upcoming August election.  It is the first time that Kenyan prisoners have been given the right to vote, BBC reported.

"It is a credible decision," said Hassan Omar Hassan of the Kenya National Commission on Human Rights. "The punishment is supposed to be reformative and when people are incarcerated they lose their freedom but other rights should stay."

A Business Daily editorial, which makes mention of the U.S. standard of denying voting rights, applauded Kenya's reform stating: "It represents a change in the way our justice system and the public at large is now looking at jails - not as institutions for punishment but as instruments of correction where inmates are treated with respect and dignity even as they are helped to walk away from their criminal past."

Disenfranchisement Addressed Across Borders

Radio Bilingüe's program, "Linea Abierto," examined disenfranchisement in a broadcast featuring Myrna Pérez of the Brennan Center, rights restoration advocate Andrés Idarraga, and Pastor Gilberto Velez. The program, based in Mexico, highlighted the various impacts of voter disenfranchisement to the Latino community. To listen to the Spanish broadcast, click here.

Oklahoma

Good Behavior + Credits + Release = Continued Disenfranchisement

Tulsa World columnist Julie DelCour explains the rule of law in Oklahoma: "If an inmate receives a 10-year sentence, accrues credits for good behavior and is released early without supervision, he or she still cannot vote until the 10-year sentence expires." DelCour quotes several editorials, including Time magazine and the Chicago Tribune, that oppose disenfranchisement after prisoners have completed their sentence.

Based on a League of Women Voters study, DelCour states that "by some calculations" about 10 percent of Oklahoma's voting-age population has a felony record. Further, the state has the fourth highest per-capita incarceration rate.

"The number of felons serving probation or parole is growing, not shrinking," she writes. "Also increasing is the number of former inmates who followed the rules, participated in programs and received an early release because of their positive actions while incarcerated. They aren't allowed to register to vote, however, because their sentence has not expired." Read article here.

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MPP calls for Obama to withdraw nomination of DEA head

The Marijuana Policy Project, along with a coalition of allies, has called for President Obama to withdraw the nomination of Michele Leonhart as DEA Administrator. Under Leonhart's leadership the DEA has staged medical marijuana raids in direct defiance of Attorney General Eric Holder's directive to respect state medical marijuana laws. Read more...

Maine licenses its first dispensaries as New Mexico approves more

Maine's medical marijuana law has taken a great stride in the right direction as the state issues the first licenses to dispensaries there. This is the implementation of a law passed last November when residents voted on an MPP-drafted initiative to add dispensaries to the state's existing medical marijuana legislation. Read more...

DEA violates federal medical marijuana policy!

The DEA, under Michele Leonhart, has once again thumbed its nose at the Obama administration's directive to not interfere with medical marijuana providers legally operating within state laws. Raids conducted in California last week on state-legal medical marijuana operations have yet to be explained by the DEA. Read more...

Marijuana use has little association with emergency room visits

University of Michigan researchers have come to the conclusion that marijuana use is associated with the lowest rate of drug-related emergency room visits. Though unlikely to change the minds of drug-warriors across America, this data is a valuable tool in countering their rhetoric. Read more...

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To contact MPP, please click here or reply to this e-mail. Our mailing address is Marijuana Policy Project, 236 Massachusetts Ave. NE, Suite 400, Washington, D.C. 20002. Any donations you make to MPP may be used for political purposes, such as supporting or opposing candidates for federal office.

In this issue

·         International: Refusal to Listen to Court is 'Morally Inexcusable' » GO

·         Alabama: State Officials Still Confused » GO

·         Florida: 'The Problem is the Process' » GO

·         Tennessee: Major Decrease in Newly Restored Voters » GO

·         South Dakota: Settlement Results in Voting Rights Education » GO

·         National: Disenfranchisement's Relationship to Race, Disparity » GO

 

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June 22, 2010

Disenfranchisement News

International

Refusal to Listen to Court is 'Morally Inexcusable'

The European Court of Human Rights could award each prisoner £750 or more as a result of a delay in the government's inaction to lift a voting  ban for incarcerated prisoners, according to a Guardian column by Juliet Lyon.

In 2004, the court ruled that it was a breach of the European convention on human rights for the UK to disenfranchise sentenced prisoners from parliamentary and local elections. The ban, however, remains in place.

"The persistence of the ban is not only legally and morally inexcusable but has also undermined efforts of the prison service to rehabilitate offenders," Lyon writes.

Alabama

State Officials Still Confused

Advocates in Alabama continue to assert that state and local officials are providing erroneous information about who is eligible to vote, the Montgomery Advertiser reported. As the deadline for voter registration came to a close this month, local minister and voting rights advocate Rev. Kenneth Glasgow said that based on telephone surveys he conducted of county boards of registrars, city and county jails, and state prisons, state officials do not know which felonies disqualify people to vote.

"There is still a lot of confusion on who can vote and who cannot and what crimes involve moral turpitude and what crimes do not," he said. "We find ourselves doing a lot of damage control."

Alabama law bans those who have been convicted of such crimes as murder, robbery, burglary, theft, or sale of a controlled substance.

Florida

'The Problem is the Process'

Mark Schlakman points out in the Tallahassee Democrat that Sammie Smith, former star running back at Florida State and first-round draft choice of the Miami Dolphins in 1989, recently regained his civil rights with the help of his former coach and supportive family members.
   
"A good outcome and equally a good news story, except for the fact that it arguably was necessary for someone of Bobby Bowden's stature and celebrity to weigh in," Schlakman states in his column.
 
Problems in Florida's policy including funding, public safety interests, and the lack of judicial review or legislative oversight, Schlakman says:

"Put simply, the link between civil rights restoration and ex-felon eligibility for various state occupational licenses and jobs that require state certification must be broken. The clemency process was never intended to serve this larger purpose."

Tennessee

Major Decrease in Newly Restored Voters

Maintaining momentum sparked by a House Judiciary Subcommittee hearing, the Commercial Appeal published an article that highlighted a decrease in individuals with felony convictions who have regained their voting rights. In 2009, only 736 Tennesseans' voting rights were restored, compared to 2,536 in 2008, according to the Tennessee Department of State.

State law requires individuals who are convicted of a felony to acquire a certificate of restoration, which must be completed by a parole or probation officer and a Circuit or Criminal Court clerk. It is then reviewed by the state election commission for approval.

"Imagine, you're someone who is incarcerated and you don't have the best reading skills and we're asking them to fill out all this paperwork and to go to all these places," said Rachel Bloom of the ACLU.

Stevie Moore, an activist who was formerly incarcerated, is one resident whose rights were restored. He said the law, however, does make things cumbersome.

"All those things keep guys from coming forward and trying to get their life back," he said.

South Dakota

Settlement Results in Voting Rights Education

A South Dakota lawsuit brought by the ACLU resulted in a settlement which now mandates voting rights education to the public and election administrators, the Associated Press reported.
 
The ACLU, on behalf of two Native Americans who were sentenced to five years probation, sued the Secretary of State and State Elections Board for erroneous removal from voting lists. State law removes individuals who have been convicted of a felony and sentenced to prison from voter registration lists. Once a sentence is complete, voting rights are reinstated.

"We are extremely happy that South Dakota and Shannon County are making a serious effort to educate the public and election administrators," said Nancy Abudu, staff attorney with the ACLU Voting Rights Project in Atlanta.

National

Disenfranchisement's Relationship to Race, Disparity

Laws restricting voting rights of individuals with felony convictions are not racist or unconstitutional, according to a Los Angeles Times opinion editorial co-authored by Roger Clegg and Sharon Browne.

Commenting on the U.S. 9th Circuit's review of Farrakhan v. Gregoire, a case that claims disproportionate results prove a violation of federal voting rights law, Clegg and Browne argue that, like every other federal court of appeals, the 9th Circuit, too, should rule against applying the Voting Rights Act to extend voting rights to people with felony convictions.

"When someone is kept from voting because he has been convicted of a felony, this does not "result in a denial or abridgement of the right … to vote on account of race or color" (to quote the law); it results in the denial of the right to vote because that person has chosen to commit a serious crime against a fellow citizen."

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