Wisconsin: Disenfranchising Legislation Afoot, as is Prosecution for Voting

Nearly 200 Wisconsin citizens may have illegally voted in the November 2008 presidential election and could face prosecution, a state official said. Of the nearly 3 million votes cast in the election, 195 names matched those of individuals with felony convictions, the Chicago Tribune reported.

The election audit comes as the Wisconsin Democracy Restoration Act is advancing in the Democratic-controlled Legislature. The legislation, SB 240, would give residents the right to vote once they are released from prison or jail. The change would immediately re-enfranchise more than 41,000 felons on probation and parole. The Sentencing Project submitted testimony to the Wisconsin Legislature in support of the bill which would move Wisconsin in line with the neighboring states of Michigan, Illinois, Indiana and Ohio which all have less restrictive disenfranchisement policies.

Maine: NAACP Promotes Civic Activism in Prisons

The NAACP in Maine has registered more than 200 inmates at five of the state's seven adult correctional centers in an effort to promote civic activism in one of only two states that allow individuals to vote while incarcerated, the Associated Press reported.

"Having that access to the vote makes a difference. It makes me feel I'm continuing in the loop of the community and society. You feel like you count," said Maine inmate Randal Horr, who registered to vote with the help of NAACP volunteers. For additional coverage, read the Kennebec Journal Morning Sentinel and Colorlines.

National: Democracy Restoration Act of 2009 is Necessary Legislation

"People on parole are forced to get a job. It's part of your conditions. If you're paying taxes, you should be allowed to vote," said Kenneth Harrigan of The Fortune Society, an organization that works with the formerly incarcerated.

An article published on The Grio highlights the importance of the Democracy Restoration Act legislation which would allow individuals with felony offenses to vote in all federal elections. The article states that the current laws have an overwhelming racial impact on elections.

Florida: Cutbacks, Confusion Result in Possibility of Rescinded Voting Rights

Two years after Gov. Charlie Crist removed vote restoration barriers for some, an audit has revealed 13 people had their rights restored despite being ineligible. The Clemency Board, made up of Crist and three Cabinet members, will review the cases in December. Some members are proposing the idea to not rescind voting rights for individuals that committed crimes decades ago unless there were aggravating circumstances.
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National: The Sentencing Project Submits Petition to Inter-American Commission on Human Rights on Discriminatory Effects of Felony Disenfranchisement

A report submitted to the Inter-American Commission on Human Rights by The Sentencing Project and partners examines the practice of felony disenfranchisement in the United States and the nations of the Americas, and analyzes the impact of these polices on racial and ethnic minorities. The report describes the international momentum in support of reform, both among treaty-monitoring bodies at the United Nations and in jurisprudence in a number of countries, and calls upon the Commission to examine this practice among its member states.

Wisconsin: Historic Vote Gets State Closer to Restoration of Democracy

The Assembly Committee on Corrections and the Courts passed the Wisconsin Democracy Restoration Act out of committee this week marking an historic era for the state. The legislation would lift a ban that prevents 42,000 people on probation and parole from voting. Prior to the vote, nearly 70 advocates and organizational representatives testified in support of the legislation at the committee hearing. The bill must now go to the floor for a vote and to the state Senate in early October. For more, visit OnMilwaukee.com.

Virginia: Governor Makes Record, But Disenfranchised Still Waiting

Despite the fact that Gov. Tim Kaine has restored the rights of 3,598 residents with felony pasts, more that 300,000 of Virginia's residents continue to be disenfranchised, according to the Roanoke Times. Gov. Kaine has restored rights to more individuals with felony convictions than any other Virginia governor since at least 1938, the Times reported, but there continues to be a lengthy, cumbersome process that takes at least six months of background checks and paperwork. "That means if everyone who is eligible were to apply, it would take more than 200 years to process all the applications," the Times reported, based on a study by the Advancement Project.

New Jersey: Why the Right to Vote is Necessary Today

Members of the League of Women Voters of New Jersey have led an effort to encourage voter participation by writing about their personal voting experiences on NJ.com. One member wrote about her need to vote because so many others are banned from doing so - including people with felony records. "We also should realize that the struggle for the vote isn't over. It goes on in other countries, of course, but it continues in ours too," wrote Anne Maiese of the organization. "From long-standing laws that take the vote from felons and ex-felons, sometimes for the rest of their lives, to efforts to impose difficult ID requirements, the powerful resist giving voting rights to those without it. Let's treasure this right, exercise it whenever possible, and try to make sure others have it too!"

Florida: It's Time for Advocates to Stand Up

It's time to give people a second chance, Jacksonville Times Union blogger, Stanley Scott stated. His blog post urges advocacy organizations to increase their efforts in order to help get individuals with felony records reenfranchised.

"As this civic and human rights atrocity continues, leading religious human and civil rights leaders, and civil liberties organizations must aggressively encourage reconsideration of disenfranchisement policies."
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Wisconsin: Disenfranchisement Back on the Radar

State legislators are once again considering a bill that would restore voting rights to 40,000 residents with felony convictions on their record, Wisconsin Public Radio reported. According to state elections board director Kevin Kennedy, the bill would also save about $13,000 by eliminating the need to produce lists for poll workers to check.

State Representative Joe Parisi, who supports the bill, recently chaired an Assembly Committee on Corrections and the Courts and stated,"We heard convincing testimony that not only are African-Americans incarcerated and charged with felonies at an unacceptably high rate compared to other Wisconsinites, but also that this institutionalized bias robs the African-American community of a voice in our democratic process. The Capital Times applauded his stance, giving him "high, high marks" in an editorial. Parisi further stated: "When you consider the racial disparities built into our criminal justice system, the original implementation of this law smacks of Jim Crow laws which were put into place to deny African-Americans the right to vote."

African Americans make up 7 percent of the state's population, but account for 50 percent of the state's prison population. Click here to read a Los Angeles Times blog posting on the issue. Read a thread of comments published on the Daily Kenoshan online news forum.

Mississippi: Disenfranchisement Must Be Addressed Before Next Election

The Clarion-Ledger published an editorial addressing Mississippi's complicated disenfranchisement policies. Under current provisions, persons convicted of 21 specified offenses permanently lose the right to vote. But for other felonies, including drug offenses, voting rights are not forfeited, including for those in prison. Currently, fewer than 7,000 of the 25,000 people in the state's prisons are ineligible to vote. The editorial board believes that state policy is flawed in two directions, and urges that all felonies should result in the loss of voting rights while serving a sentence, but that voting rights should be restored for all upon sentence completion.
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National: Media Spotlight on the Democracy Restoration Act of 2009

A Project Vote blog posting notes the media attention and editorial support for the Democracy Restoration Act of 2009. Highlighting passages from national media outlets including The New York Times, the Patriot News in Pennsylvania, and the Detroit Free Press, the blog stated, "whether the message will affect the change needed to enfranchise the millions of Americans who currently cannot represent their communities in the democratic process, it is encouraging to find more citizens recognize the value in voting rights restoration and its impact on rehabilitation."

Responding to a New York Times editorial calling felon disenfranchisement "bad prison policy," Adam Fogel, Right to Vote Director of FairVote, stated in a letter to the editor that the "lack of uniformity in election administration cannot help but lead to fundamental inequalities in our democracy." The Times' editorial noted that California, New York and, most recently, Massachusetts have upheld voting rights bans for individuals with felony convictions. Fogel further suggested that Congress set national standards for all elections. The Democracy Restoration Act of 2009 would grant individuals with felony convictions voting rights in federal elections only.

Massachusetts: Court Denies Voting Rights Act Challenge to Felony Disenfranchisement

In Simmons v. Galvin, a First Circuit panel ruled the persons currently incarcerated in Massachusetts' prisons cannot challenge the loss of their voting rights under section 2 of the Voting Rights Act and the Ex Post Facto clause. Section 2 of the Voting Rights Act states, "no voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State ... in a manner which results in a denial or abridgment of the right ... to vote on account of race or color." According to Ballot Access, plaintiffs wanted to present evidence that Massachusetts' felon disenfranchisement law has a disproportionally adverse effect on African Americans and Hispanic Americans, who are overrepresented in the prison population.

The two-judge majority rejected the arguments and determined that Congress never intended for Section 2 of the Voting Rights Act to be used for this purpose. The dissenting judge, Juan Torruella, said the section's language is clear and unambiguous, and therefore speculation about what Congress intended is irrelevant. Advocates say his dissent was similar to Judge Sonia Sotomayor's opinion in Hayden v. Pataki. Some believe that the case might end up before the Supreme Court, presenting Justice Sotomayor another opportunity to consider an issue with which she is familiar. Click here to read the decision.
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National: Democracy Restoration Act of 2009 Introduced

The Democracy Restoration Act of 2009 was introduced last week, a measure that would restore voting rights to millions of Americans with felony convictions. House Judiciary Committee Chairman John Conyers, Jr. (D-MI) and Senate Judiciary Subcommittee on the Constitution Chairman Russ Feingold (D-WI) introduced the bills in both chambers of Congress. An estimated 5.3 million citizens cannot vote as a result of felony convictions, and nearly 4 million of those individuals are living and working in their communities. The Democracy Restoration Act of 2009 would establish a uniform standard restoring voting rights in federal elections to anyone who is not incarcerated.

Rhode Island: Rhode Island Study Shows Probation/Parolee Electoral Participation

A new analysis released by the Family Life Center of Rhode Island demonstrates a high level of interest in the electoral process by persons on probation or parole. Following a 2006 ballot change in the state law, 6,330 probationers and parolees - representing more than a third of the 17,600 state total - registered to vote during the 2008 election cycle. Of these, 3,001 voted during that time.

The Family Life Center has since initiated a broad outreach campaign to inform the community of the reform and to register people with felony convictions. In addition, the Department of Corrections now acts as a voter registration agency and offers all inmates the opportunity to register following their discharge. The results of the outreach campaign in Rhode Island demonstrate that substantial numbers of people who have come through the criminal justice system have an interest in becoming involved in the electoral process.

Marc Mauer, executive director of The Sentencing Project, spoke on the Family Life Center's efforts at the organization's annual meeting. "What the Family Life Center has done is an inspiration to all of us on the national stage," Mauer was quoted a saying in the Providence Journal. "We haven't had the numbers before to make the case," he said. "It sends a message. This is a real accomplishment; something we can all learn from." The Family Life Center this week has changed its name to OPENDOORS, but will still continue its mission to aid formerly incarcerated people in their transition to the community.

Washington State: "Modern-day Poll Tax" No Longer Keeps Residents from the Poll

The state of Washington recently eliminated the ban on voting for individuals with felony convictions who had not paid all financial obligations associated with their sentence. The ACLU of Washington will now launch "Promote the Vote" in Seattle and Tacoma to celebrate the new law and educate newly enfranchised Washingtonians about their rights.

Pennsylvania: ACLU Wins Lawsuit Over Bus Ads

The ACLU of Pennsylvania is "thrilled" that a federal judge ruled in its favor in a lawsuit that claimed the removal of voting rights ads created for public buses was discriminatory, the Pittsburgh Post-Gazette reported. The ACLU said the Port Authority unlawfully refused to accept its advertisements designed to inform the public that residents with felony convictions have the right to vote. "The testimony and evidence presented at trial clearly demonstrated that the defendants accepted numerous advertisements for display on Port Authority vehicles which had content similar to plaintiffs' proposed advertisement and which were not truly commercial in nature," Judge Terrence McVerry wrote.

An op-ed column published in the Patriot-News supported a bill that would require prisons to provide voter registration forms to inmates prior to release. Kathryn Boockvar, senior attorney with the Advancement Project, stated that the bill instills "knowledge about and encouragement of voting." community and become productive members of society.

"I also believe that assisting the formerly incarcerated with voting is the right thing to do from an ethical perspective," she wrote. "This is a nation that believes in redemption. If you commit a crime, pay your penance, and do your time, ours is a society that generally says: your past wrongs will be forgiven. This bill builds on this notion, by giving individuals some tools and incentives to take a path of rehabilitation, rather than the path of recidivism."

The Pennsylvania House State Government Committee passed HB 1072 out of committee by a 20-3 vote, clearing the way for the bill to go to the House floor for a vote.

Wisconsin: Proposed Legislation Gains Conservative Support

Well-known Wisconsin conservative, James Wigderson, has publicly taken a stance in support of vote restoration in an editorial published in the Waukesha Freeman. Noting that disenfranchisement affects about 42,000 state residents - Black and white - Wigderson suggests that restoring rights upon leaving prison benefits the state budget, and the individuals hoping to reintegrate into society. "By releasing them from prison our society is already making the statement that these felons should be re-integrated into society, and that there is some social good in doing so," he writes. "That re-integration process should include voting. Again, according to the ACLU, felons who vote are half as likely to re-offend as felons who do not vote. We may argue which is the cause and which is the effect, but the relationship is there, and it's not hard to understand why."

Florida: ACLU Workshop Helps Residents Restore Civil Rights

The Florida ACLU hosted a civil rights restoration workshop in an effort to reintegrate residents with felony offenses back into their communities. Since Governor Charlie Crist streamlined the process for individuals to regain their civil rights, more than 145,000 people are now able to vote, WESH2 reported. One workshop attendee, Sean Johnson, left the gathering with his civil rights restored. "The process is very tedious," he said. "I have applied, but until today, I haven't had any luck." There remain, however, 60,000 applications that are still pending due to Florida Parole Commission budget cuts that have reduced its staff from 13 to five, the Orlando Sentinel reported.
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TAKE ACTION: Add Your Organization to a Sign-on Letter in Support of the Democracy Restoration Act

Dear Friends:

The Sentencing Project is engaged with Senator Russ Feingold and Representative John Conyers on legislation to restore federal voting rights to individuals with felony convictions who are not incarcerated. The Democracy Restoration Act will be introduced in the coming weeks and we hope to have strong support from members of Congress. We are writing to ask for your organization's support in this effort. Please review this sign-on letter (http://sentencingproject.org/userfiles/file/fd_DRASignOnLetter.pdf) and consider adding your organization to the chorus of advocates seeking a more inclusive democracy.

The deadline to include your organization on the letter to Congress is July 1. Please email staff@sentencingproject.org to join.

National: Department of Justice Makes Available State-specific Tools on Rights Restoration

The Department of Justice Civil Rights Division has posted on its Web site a comprehensive guide for individuals across the country to learn how to regain their voting rights, if eligible. The guide provides links for each state that point directly to the state's disenfranchisement laws and restoration procedures.

Alabama: Inmates Prepare for Municipal Election

Rev. Kenneth Glasgow and The Ordinary People's Society are registering voters in city and county jails to vote in the upcoming municipal election, the Dothan Eagle reported. Persons in prison or jail in Alabama may vote if not convicted of crimes of moral turpitude. In 2006, 90 inmates in city and county jails statewide voted. In 2007, 300 voted, and in 2008, 2,500 inmates voted, including individuals in state prison, the article states.
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National: Sotomayor on Disenfranchisement

Based on many decisions by U.S. Supreme Court nominee, Sonia Sotomayor, a New York Times op-ed column states that the judge's decisions have ultimately been "color blind." Making mention of her ruling in Hayden v. Pataki, where Sotomayor concluded that felon disenfranchisement laws are discriminatory and violate the Voting Rights Act, Tom Goldstein, a founder of the Scotusblog Web site, states that her decisions in cases like these "hardly make her an extremist."

The United State's varied practice of disenfranchising individuals with felony offenses is the wrong way to dole out punishment, according to an Atlantic blog. "Crime costs this country an estimated $1.4 trillion annually," the article states. "Unless disenfranchisement helps reduce that number - and the evidence suggests that it does the opposite - then denying prisoners the vote in order to minutely heighten the virtue of the voting pool is a bad trade."
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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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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."
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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."
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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, cooke@civilrights.org 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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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The incoming Obama administration has posted its agenda online at the White House web site Whitehouse.gov.

Pennsylvania: Public Service Versus Political Message Debate Taken to Court

The Pittsburgh League of Young Voters and the American Civil Liberties Union were scheduled to appear in court this week after having sued the Port Authority of Allegheny County, which refused to run a 2006 ad educating formerly incarcerated individuals on their voting rights. ACLU attorney Witold "Vic" Walczak told the Pittsburgh Tribune- Review, "While we understand that people may view some of the ACLU's work as controversial, we never expected that to be the case when it comes to informing people about their rights, especially as it relates to voting," said. The Port Authority stated that the ad violates the agency's political message policy. The ACLU, however, said the ad is a public service and does not promote for whom to vote.

National: Re-enfranchisement is "The Right Thing to Do"

An editorial by John Timoney, Miami police chief and president of the Police Executive Research Forum, was published in the organization's November newsletter, Subject to Debate on the new administration's response to both disenfranchisement and crack cocaine reform. He wrote: "I just sincerely believe that this is the right thing to do. I don't think we should give criminals an excuse for not reforming themselves because they are bitter about having had one of their most important rights-the right to vote- taken away. I think it is better to remove any obstacles that stand in the way of offenders resuming a full, healthy, productive life. Some say offenders on parole should not be allowed to vote, because the term of parole is part of their sentence. But my sense is, once you've cleared the four walls of the jail, your right to vote should be restored."

Virginia: Hypocritical Laws, Policies

A Virginia resident wrote a letter to the Free-lance Star stating his opinion on the recent conviction of Alaska Senator Ted Stevens. "How is it that a convicted felon in this country must forfeit his right to vote, yet a convicted felon may hold public office and introduce legislation, such as the law that says felons may not vote," wrote Fredericksburg resident Peter Mealy.

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