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The Sentencing Project: Disenfranchisement News 5/29/09

National: U.S. Supreme Court Nominee Sotomayor May Spark Voting Rights Debate

With President Obama's U.S. Supreme Court nomination of Judge Sonia Sotomayor, various news outlets have recalled her dissent in the case of Hayden v Pataki, in which she argued that the federal Voting Rights Act protected ethnic minorities in the area of felon disenfranchisement, Ballot Access reported.

An op-ed column in the Los Angeles Times asserts that if the Supreme Court strikes down Section 5 of the Voting Rights Act, it might actually open up a new dialogue on voting rights. Law professors Guy-Uriel E. Charles and Luis Fuentes-Rohwerargue that "[i]f the high court now votes to invalidate the Voting Rights Act, Congress and the civil rights community would have an opportunity to engage in a much-needed debate on voting rights policy for a new century." They contend that revamping the Voting Rights Act could, in fact, make room for disenfranchisement reforms such as the Democracy Restoration Act, which would lift the ban nationally for non-incarcerated people to vote in federal elections.

Iowa: Voter Fraud or Miscommunication?

David Borgman was sentenced to four days of home confinement and a $500 fine for fourth-degree election misconduct - registering and voting during the November election while on parole, the Quad-City Times reported. November's election was the first in the state that allowed individuals to register on Election Day. Borgman, 42, said he didn't know he wasn't eligible to vote but the Iowa Department of Corrections stated that individuals released on parole are required to sign a statement that they understand certain rights have been taken away. The statement, however, does not specifically mention the right to vote. As a result of the case, the Iowa Department of Corrections now requires individuals released on parole to sign a statement which says they understand they are not eligible to vote until they have their rights restored by the governor.

Ohio: Department of Corrections Helps Offenders "Reclaim Their Vote"

A new brochure that explains voting rights for those with felony records is now being disseminated throughout the state by government officials, agencies and nonprofit organizations in an effort to better communicate the voter restoration process. The Ohio Department of Rehabilitation and Correction is distributing "Find a New Direction: Reclaim Your Vote," to wardens and adult parole offices. The Voting Rights Institute of the Ohio Secretary of State's office is also distributing the brochures to non-profits groups, and at events throughout the state.
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