National: 'What If' Disenfranchisement was No More?

Erika Wood, Director of the Democracy Program at the Brennan Center for Justice, published "What if 5.3 Million More Americans Could Vote?," an opinion editorial featured on AlterNet. Listing the collateral consequences of disenfranchisement, Wood emphasized the Jim Crow roots of barring voters and the ongoing disproportionate impact of felony disenfranchisement laws on people of color. She also described the "ripple effect" caused by disenfranchisement. "Felony disenfranchisement laws do not only impact those who lose their voting rights," Wood writes. "Entire communities lose their political capital when their citizens cannot vote. Denying the vote to one person has a ripple effect, dramatically decreasing the political power of urban and minority communities."

Despite setbacks in some states, there are reform efforts in Congress, she reported. Sen. Russ Feingold and Rep. John Conyers are expected to soon introduce the Democracy Restoration Act, a bill that seeks to restore voting rights in federal elections to all Americans who have been released from prison and are living in the community. "The promise of our democracy will never be realized if 4 million Americans remain disenfranchised. It is time to end this last blanket barrier to the ballot box," Wood concluded.

Tennessee: Arrest for Voting Further Disenfranchises Woman

Carla Thomas Smith was arrested last month for registering to vote and casting ballots in November 2004 and November 2006, according to the Leaf Chronicle. The Tennessee resident, who was released on bond, was charged with "accessory after the fact" in 1995 - a felony conviction - which disqualified her from voting in the state. Currently, Tennessee law bans those convicted of a felony with a maximum sentence of more than a year, with the possibility of reinstatement. Those convicted of murder, some sexual offenses, treason and voting fraud permanently lose their right to vote. Further, the law disenfranchises those with felony offenses who have outstanding legal financial obligations, restitution or child support fees.

Massachusetts: 'The More We Imprison, the Less We Vote'

Two citizenship students at Amherst College - one on the 'inside,' the other on the 'outside,' rally for disenfranchisement reform in a co-authored opinion editorial published in the Boston Globe. They write: "We all write the same papers, read the same material by John Locke and Alexis de Tocqueville, and are all equally engaged in debating and discussing everything from the role of the good citizen to America's role in the world. There is no reason to think inmates are uniquely unqualified to wield a vote, and no reason to think they can't."

The class, which meets at the Hampshire County Correctional Facility, combines college students with inmates at the prison. In regard to the more than 25,000 inmates in Massachusetts prisons and jails, the students state that in an effort to better integrate formerly incarcerated individuals in society, voting rights are a key component.

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Pennsylvania: Voter Education Still Necessary on 8-year-old Reform

A re-entry group focused on voter education held a class this week to teach 40 formerly incarcerated individuals about their voting rights, the Philadelphia Inquirer reported. Malissa Gamble, founder of A Time for Change, clarified the Commonwealth's felon voting laws. Formerly, Pennsylvania law stipulated that some individuals with felony records had to wait five years after their release before regaining the right to vote. In 2000, civil rights groups challenged the law and the restriction was ended. Organizers believe that many ex-offenders in the Commonwealth don't know they are able to vote.

North Carolina: "Proud to Vote"

In its election coverage, the Fayetteville Observer interviewed a formerly incarcerated 25-year-old who voted for the first time. Wearing a "Proud to Vote" sticker at the polls, Tyrone Jenkins said of the experience: "It empowers you a lot. You feel like you got a little say in what's going on."

Virginia: Legislators, Community Gather to Discuss Right to Vote

A panel of Virginian legislators, clergy and formerly incarcerated individuals addressed disenfranchisement this week. "The governor is committed to restoring these rights" and already has done so for 1,340 people so far," said Rev. Adam J. Richardson, bishop of the Second Episcopal District. Nearly 380,000 are disenfranchised in Virginia. The Commonwealth has among the harshest laws nationwide, the Richmond Times-Dispatch reported, and those with felony offenses automatically lose the right to vote. To apply for restoration of rights, those with non-violent offenses must satisfy all court obligations and wait three years before asking the governor for restoration. Others must wait five years to apply.

National: Disenfranchisement Reform in Need of More Advocacy

Georgetown University freshman Julia Lovett expressed support for felon voting rights in the student publication, The Hoya. Advocacy is needed in an effort to reform voting rights laws and educate individuals about the many under-publicized and confusing laws that do, in fact, grant voting rights in some states. "Without an outlet for civic participation, felons are cast to the fringes of society," Lovett writes. "Democratic rights are a necessary bridge of reintroduction to and rehabilitation within society, fostering a sense of inclusion and responsibility for an individual's community. These ties help counter alienation that encourages crime or repeat offenses."

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Oregon: State Diminishes 'More Liberal than Most'

In March, a law was passed further disenfranchising Oregon residents. Thousands of individuals in Oregon's county jails are now ineligible to vote due to a new provision of House Bill 3638. Oregon law does not allow those incarcerated individuals to vote, but does restore voting rights to those on probation. "Previously, it was just individuals in the Department of Corrections" who couldn't vote, said Brenda Bayes, the deputy director of the state Elections Division in a Statesman Journal article. "This bill in the 2008 legislative session expanded that to also include felons in the custody of county jails. You can still register to vote, you just can't vote while you're incarcerated." According to the article, 35,000 formerly incarcerated individuals and probationers are allowed to vote, in addition to about 600 psychiatric and forensic patients at Oregon State Hospital who were charged with felony offenses.

National: Thousands Forced to Leave Voting Rights by the Wayside

PBS's News Hour dedicated a segment to disenfranchisement in its "Vote 2008: The Primaries" coverage. Interviews with disenfranchised citizens and individuals whose rights have recently been restored, delved into the emotional, political and legal issues surrounding felon voting rights. "People participate in the voting process when they feel like they are one of the stakeholders," said New Jersey resident Omar Shabazz who is on lifetime parole. Individuals on parole in New Jersey are banned from voting.. "Felon disfranchisement affects not only the individual whose vote has been taken away, it's not just what voting rights lawyers call a vote-denial claim. It's also a vote- dilution claim," said Juan Cartagena. "That relative political power is taken away from the neighbors of persons who come back home, from their family members. Their relative collective voting strength is wiped off the map almost."

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[Courtesy of The Sentencing Project]

National: Proposal for Automatic Post Incarceration Voting Rights Restoration

The Brennan Center for Justice has released "Restoring the Right to Vote," which presents a rationale for the automatic restoration of voting rights for all individuals upon release from prison. The Center recommends that the 35 states that disenfranchise persons who are not currently incarcerated adopt the following vote restoration policies:

- Automatically restore voting rights upon release from prison;
- Ensure that criminal defendants receive notice of their loss of voting rights prior to their court proceedings as well as at the time of release;
- Assist eligible voters with registration;
- Synchronize statewide voter registration databases; and
- Educate eligible voters.

Author Erika Wood, the Deputy Director of the Democracy Program, writes: "When we ask people leaving prison to accept responsibility for reintegrating themselves fully into society, we cannot simultaneously continue to treat them as second-class citizens. With the obligation to obey the law should come the opportunity to influence the political process."

Wisconsin: Coalition Forms to Restore the Vote

Last week, approximately 40,000 Wisconsin residents were kept from the polls because of a state law that disenfranchises individuals with felony offenses. In an effort to reform current law, ACLU of Wisconsin Foundation has spearheaded an effort to form a coalition that promotes voting upon release. Current Wisconsin law states that felons who have been released from prison and those whose crimes were not serious enough to even warrant prison must wait their entire term of probation or parole before their right to vote is restored, the Daily Cardinal reported. "People could be rebuilding their lives for 1, 5, 10, or even 30 years and not be able to for example choose the school board member who will make critical decisions about their child's education," said Renee Crawford, Associate Director of the ACLU of Wisconsin.

In a recent poll, 70 percent of Milwaukee County's residents - which included Republicans and conservatives - supported the restoration of voting rights post incarceration. Andrea Kaminski, the Executive Director of the League of Women Voters of Wisconsin, said that a move to automatically restore voting rights would also ease the election administration process. "If you can walk in the door at the polling place, you are not disqualified because of a felony. This will clarify eligibility requirements for election officials, who have a lot of responsibility and pressure in a high-turnout election," she said. For more coverage, see WisPolitics.com.

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[Courtesy of The Sentencing Project]

Florida: Anniversary Restoration Reveals "Pile Up"

One year ago, Florida changed its disenfranchisement policy for residents with felony records, but as fall elections get closer, nearly 96,000 citizens still await eligibility notice of rights restoration from the clemency board, according to the Wall Street Journal. Reporting on Florida's backlog of restoration requests, the Journal stated, "The fate of these votes is especially sensitive in Florida, where George W. Bush claimed the presidency by a mere 537 votes in 2000." Last April, the executive clemency board moved to restore voting rights to individuals convicted of non-violent offenses who have completed their prison term, probation and parole, and paid court fees and child support. Thus far, nearly 75,000 citizens' rights have been restored. Activists, however, say a whopping 400,000 people seeking eligibility to vote may have been rejected - with no explanation. As various churches across the state host informational sessions on the year-old change, the Florida Rights Restoration Coalition rallied this week at the state Capitol to ask the Legislature to create a more efficient, paperless restoration process, the Associated Press reported.

Kentucky: House Approves Disenfranchisement Amendment

The Kentucky House approved a proposed constitutional amendment seeking to automatically restore the voting rights of most citizens with felony records the Associated Press reported. The bill, HB70, would allow for offenders to vote once their sentence is completed. The proposed change would not apply to those who committed such offenses as murder or a sex offense involving a minor. The bill must pass the Senate before making it onto the ballot for voters to ultimately decide.

The Courier-Journal reported that the Louisville branch of the NAACP will distribute voter registration forms and information about applying for restoration of rights to churches and businesses to increase turnout during the May 20 primary election. Branch President Raoul Cunningham said even though it's too late for formerly incarcerated individuals to have voting rights restored before the April 21 registration deadline, there is time before the November general election to do so.

National: A Case to Justify Voting in Prison

David Schraub wrote an opinion piece entitled, "Should Prisoners Be Allowed to Vote," for The Moderate Voice which explores, in detail, the history and philosophy behind punishment and disenfranchisement. He wrote: "Allowing prisoners to vote would not give them any more opportunity or make it any more likely that they will commit more crimes. Indeed, if anything it may make it less likely: insofar as criminal activity is positively correlated with marginalization from general social practices, integrating people into socially mainstream acts (such as civic participation) should be a bulwark against recidivism. Deterrence, too, [is] inapplicable - I have trouble imagining the prospective criminal for whom prison is not a deterrent, but loss of voting privileges is."

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Kentucky: Easing Disenfranchisement Barriers

Carl Wicklund, executive director of the American Probation and Parole Association, argues that felony disenfranchisement is not successful in attaining any law enforcement or community objectives and, in fact, prevents ex-offenders from reintegrating into society as law-abiding citizens. In an op-ed article in the Lexington Herald-Leader, he supports Kentucky Gov. Steve Beshear's recent easing of the onerous procedures that ex-felons were required to undergo in order to apply for restoration of their voting rights. Previously, offenders who had completed their sentences were required to pay a fee, write an essay, and submit three personal recommendations, on top of submitting a written clemency application. Despite recent steps toward equality for ex-offenders, Kentucky remains one of only two states that automatically disenfranchises all persons with previous felony convictions for life.

Florida: Minority Vote Sought After, More Support for Ex-Felons' Rights

Florida's Republicans are reaching out to the African-American community with proposals to reconcile the state's racist past, including addressing voting rights for ex-felons. Top Republican leaders are bolstering support for issues that have long been advocated by black legislators, with the black vote seen as an increasingly powerful vehicle in elections. Currently over 50% of the state's prisoners are African-American, reports the Sarasota Herald Tribune. Sen. Frederica Wilson of Miami, who has pushed for felons' civil rights for years, now hopes to garner enough support for a bill that would enhance employment opportunities for felons upon sentence completion, in addition to re- enfranchisement.

Mississippi: Legislature Compromises, Moves toward Felony Re-enfranchisement

A resolution in support of legislation that would grant voting rights to persons with felony convictions after they have completed their sentences with a two-year waiting period - except for those convicted of murder or rape - has been approved in the Mississippi Senate, reports the Clarion- Ledger. Republicans and Democrats have been in extensive dispute over clashing proposals for disenfranchisement reform and voter identification requirements, but the compromise may lead to change in both areas.

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[Courtesy of The Sentencing Project]

Mississippi: Elections Chair Works for Restoration, but with Caveats

Amongst a host of election legislation that could be filed, Republican Senate Elections Committee Chairman Terry Burton is working to ease the process of vote restoration after prison sentences are served. The legislation, however, stipulates that individuals' rights would not be restored until two years after having completed a sentence - if they keep a clean record. Currently, the Mississippi Constitution lists 10 felonies that constitute automatic disenfranchisement, which include murder, rape and embezzlement, the Commercial Dispatch reported. In 2004, Attorney General Jim Hood issued an opinion adding 11 more felony offenses to that list, including bad check writing, timber larceny and carjacking. Currently, individuals can only be re-enfranchised with the approval of the Legislature or governor. For more information, visit the Mississippi Legislature's Web site: billstatus.ls.state.ms.us.

National: Legal Challenges and Overview

An essay by law professor Frank Askin entitled "Felon Disenfranchisement (Or How William Rehnquist Earned his Stripes)" was published in volume 59 of the Rutgers Law Review. Making mention of the many court decisions, the root of disenfranchisement laws, and setbacks and challenges in achieving in reform in past and recent years, Askin writes: "The absence of any political consensus on the issue is in sharp contrast to the general consensus among professional criminologists and penologists that disenfranchisement serves no legitimate goals of punishment and is detrimental to the rehabilitative goals of parole and probation."

National: Disenfranchisement on National Public Radio

Marc Mauer, Executive Director of The Sentencing Project, was featured this month on a felon voting rights segment of National Public Radio's Weekend America. Mauer spoke on the various issues that have arisen across the country, including Rhode Island's 2006 disenfranchisement reform, recent challenges to Mississippi's voting rights policies, and the "passion" that formerly incarcerated citizens do, in fact, have for voting. "If we can get people engaged in the electoral process that's affirmation of that connection with the community," Mauer said.

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Florida: Advocate "Does Right Thing," Makes Dent in Disenfranchisement

Muslima Lewis, an attorney with the ACLU and director of the Florida Rights Restoration Coalition, was profiled in a Miami Herald article which discussed her role in reforming Florida's voting rights policy for persons with a felony conviction. Michael Hargrett, who was formerly incarcerated and received assistance from Lewis in applying to restore his rights last March said, "[s]he's passionate about rights and ... doing the right thing. She picks up on topics no one else does, and she doesn't look down at you." Lewis, who graduated from Barnard College and Yale Law School, left corporate law for nonprofit advocacy. "A lot of people don't want to talk about racial injustices and pretend that there aren't any," Lewis said. "Folks who are living it and experiencing it know."

Kentucky: Editorial Sides with Governor, Rights of Formerly Incarcerated Individuals

In an editorial, the Courier-Journal called Gov. Steve Beshear's efforts to ease the voting rights restoration process for formerly incarcerated individuals "a step toward fundamental fairness." Last week the governor eliminated the requirement for three character references, an essay, and a $2 fee in order for formerly incarcerated individuals to regain the right to vote.

The editorial stated that before Gov. Beshear's move, the numbers of individuals seeking vote restoration dropped from more than 600 a year to about 250 a year. "Such rules have the same kind of impact as the infamous old Jim Crow laws that were designed to keep blacks out of the voting booth," the editorial stated. It continued: "What's needed is House Bill 70, a proposed constitutional amendment that would automatically restore most felons' right to vote. What's not needed is the mean-spirited floor amendment filed by Rep. James Comer (R-Tompkinsville). It would require that felons could have voting rights restored only if they paid the state 25 percent of the cost of their detention." Currently, 129,000 citizens are banned from voting in the commonwealth. Kentucky and Virginia are the only two states where all formerly incarcerated individuals are banned from voting unless the governor restores their civil rights.

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[Courtesy of The Sentencing Project]

National: Advocate's Efforts Featured in National Press

The voter education efforts of the Rev. Kenneth Glasgow in Alabama were featured in the New York Times. As founder of The Ordinary People's Society, Rev. Glasgow has spent several years working to restore voting rights for individuals with felony convictions in Alabama, where an estimated 250,000 people are prohibited from voting. If the disenfranchisement laws were reformed, "there would be a lot of difference in our legislators, our elected officials and our presidents that we've had," the Rev. Glasgow stated. "It would definitely change the political spectrum of Alabama." The article further stated that severe restrictions are imposed on formerly incarcerated citizens in the South dating back to antiquated Jim Crow laws. Alabama's Republican attorney general, Troy King, has proposed a constitutional amendment that would ban all citizens with felony offenses from voting.

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[Courtesy of The Sentencing Project]

Dear Friends,

The United Nations' Committee on the Elimination of Racial Discrimination today called on the U.S. to automatically restore voting rights to people with felony convictions upon completion of their criminal sentence, and raised concern that such policies have a disparate racial and ethnic impact and may be in violation of international law.

"The Committee remains concerned about the disparate impact that existing felon disenfranchisement laws have on a large number of persons belonging to racial, ethnic and national minorities, in particular African-American persons, who are disproportionately represented at every stage of the criminal justice system," concluded the Committee in their recommendations to the U.S. Government.

The widespread practice of denying voting rights to people with felony convictions in the United States disenfranchises 5.3 million citizens. Eleven states restrict voting by people even after they have completed their sentence, including prison, probation and parole, and many are barred for life. Approximately 1.5 million people are disenfranchised post-sentence. No other democratic nation disenfranchises people for life even after completion of sentence, and many impose no restrictions at all on people with felony convictions.

These recommendations come on the heels of new research conducted by The Sentencing Project that finds 1 in 50 African-American women cannot vote, an increase of nearly 14% since 2000. This rate of disenfranchisement is nearly four times the rate for non-African-American women.Overall, an estimated 792,200 women are ineligible to vote as a result of U.S. felony disenfranchisement laws.

Currently, an estimated 1.4 million African-American men, 13%, are locked out of the ballot box, a rate seven times the national average. Given current rates of incarceration, three in ten of the next generation of black men can expect to be disenfranchised at some point in their lifetime.

To view a copy of the Committee's recommendations, please visit: http://www2.ohchr.org/english/bodies/cerd/docs/co/CERD-C-USA-CO-6.pdf.

To learn more about U.S. felony disenfranchisement policy and its impact, see these reports by The Sentencing Project: Felony Disenfranchisement Rates for Women and Felony Disenfranchisement Laws in the United States.

Missisippi: Secretary of State Moves to Disenfranchise More Voters

A voter restriction legislation package that has already passed the state Senate and is soon to arrive at the House adds even more prohibitions to the state's felony voting laws, according to the Meridian Star. Secretary of State Delbert Hosemann released a statement boasting that the state isn't the first to debate removing all felons from the voter rolls. He said "of the 50,000 criminals which are incarcerated or fall under the supervision of the Mississippi Department of Corrections, only 12,000 are prohibited from voting." Defending his proposal, he stated: "It is time for the felony voting requirement to be brought into the 21st century." State Sen. Joey Fillingane said banning all citizens with felony offenses "will make the law easier to understand." He added that individuals could regain the right to vote two years after a sentence is served - but there would still be exceptions for certain offenses. "Right now, a lot of people sitting in jail think they have lost the right to vote, but really they haven't," Fillingane was quoted as saying in the Hattiesburg American. "This would make it where everyone would understand. It would be an incentive to finish the sentence, wait for a period of time and get the right to vote back."

Kentucky: Governor Removes Some Disenfranchisement Barriers

Newly installed Governor Steve Beshear has removed some disenfranchisement barriers, making it somewhat easier for those who have served their sentences to vote, the Kentucky Herald Leader reported. Formerly incarcerated individuals will no longer have to pay a $2 fee, write an essay or get recommendations to regain the right to vote. Citizens, however, still have to get their civil rights restored by the governor. Kentucky and Virginia are the only two states where all formerly incarcerated individuals are banned from voting unless the governor restores their civil rights. A constitutional amendment would be needed to change that. "This is not about being tough on crime. This is about treating people fairly and about welcoming back people trying to put their lives together again and become good citizens," said Beshear. The move restores the former policy that existed under Beshear's predecessor, Ernie Fletcher. "This disenfranchisement makes no sense," Beshear said. "It makes no sense because it dilutes the energy of democracy, which functions only if all classes and categories of people have a voice, not just the privileged, powerful people." Currently, Kentucky denies the right to about 129,000 citizens, including one in four African Americans, the governor's press release stated. For additional coverage, see Pol Watchers and the Kentucky Post.

International: U.N. Body Recommends U.S. Restore Voting Rights

The United Nations' Committee on the Elimination of Racial Discrimination today called on the U.S. to automatically restore voting rights to people with felony convictions upon completion of their criminal sentence, and raised concern that such policies have a disparate racial and ethnic impact and may be in violation of international law. "The Committee remains concerned about the disparate impact that existing felon disenfranchisement laws have on a large number of persons belonging to racial, ethnic and national minorities, in particular African-American persons, who are disproportionately represented at every stage of the criminal justice system," concluded the Committee in their recommendations to the U.S. Government. To view a copy of the Committee's recommendations, please visit: http://www2.ohchr.org/english/bodies/cerd/docs/co/CERD-C-USA-CO-6.pdf.

National: Rate of Disenfranchisement Higher for African-American Women

The Sentencing Project has just released an analysis of the rate of disenfranchisement of women in the United States. Key findings of the report include: At yearend 2004, there were an estimated 792,200 women ineligible to vote as a result of felony disenfranchisement laws - a 17 percent increase since 2000. Further, the analysis finds that "given the disproportionate rate at which African-American women are under supervision in the criminal justice system, their rate of disenfranchisement is considerably higher than for non-African-American women."

National: ACLU Aims to Help with 'Toolkit'

The ACLU has released "Right to Vote: A Campaign to End Felony Disfranchisement," a felon enfranchisement tool kit to aid organizations in voter education efforts. Sample bills, public education resources and opinion editorials are featured in the 72-page resource manual. The document also features recent successful campaigns resulting in legislation and policy reform, how-to tips, and what to lobby for depending on each state's current laws.

National: U.S. Needs to Restore "Democratic Expression"

On OpEdNews.com, Chris Lugo, Progressive Candidate for US Senate wrote his views in support of reforming felony disenfranchisement laws nationally. Pointing to last year's JFA report, "Unlocking America," and the recent Pew report which found that 1 in 100 American are incarcerated, Lugo points out that America's priorities are misguided and reform must be implemented. He writes: "Limiting the right to vote only further punishes men and women who are working hard to become members of society in good standing, it affects the outcome of national and local elections and is an undue burden on the poor and minorities. It also has a deeper cost that cannot be measured. Restoring the right to vote doesn't just affect our basic democratic expression, it also has profound effects on that individual's sense of self and their sense of identity. It impacts on the sense of fairness and justice of the entire society."

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Tennessee: ACLU Challenges State's Disenfranchising "Poll Tax" Law

Challenging the state's law that disenfranchises formerly incarcerated individuals who have outstanding legal financial obligations, restitution or child support fees, the American Civil Liberties Union and ACLU of Tennessee filed a federal lawsuit this week. The ACLU charges the 2006 law is a violation of the Fourteenth Amendment's equal protection clause and is synonymous with a poll tax.

"Reports show that, nationally, over 50 percent of criminal defendants are indigent at the time of sentencing. Therefore, requiring a person with a criminal conviction to pay a fee before restoring their right to vote is nothing more than a modern day poll tax," stated Nancy Abudu, staff counsel with the ACLU Voting Rights Project in a press release. "This law locks citizens out of the democratic process when it comes to issues of great concern to them. The result is that the political power of poor people is further diminished and the collateral consequences of poverty multiply."

The suit was filed on behalf of Terence Johnson, Jim Harris and Alexander Friedman, three citizens who have completed their sentence including parole, and probation. Though Johnson and Harris have custody of their children, they owe child support, according to the ACLU. Friedman was denied restoration of his voting rights in 2006 because the state claimed he owed more than $1,000 in restitution.

"My dream is to have the opportunity to become a fully productive citizen again, regardless of my economic status. And I have the right to participate in the electoral process to bring about change to the issues that concern me most in my community," Johnson was quoted as saying in a press release. "I've served my time, I am a taxpaying citizen and I have custody of my daughter. It is wrong for the state to punish me and other people while we get our lives back on track." For additional coverage, see the Nashville Post.

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[Courtesy of The Sentencing Project]

Tennessee: Ex-felon Disenfranchisement Laws Need to be Repealed, Panel Says

A panel at Middle Tennessee State University advocated the repeal of state laws that ban approximately 98,000 formerly incarcerated residents from voting. The panel, which included a defense attorney, a formerly incarcerated resident and Michele Flynn, a voting rights advocate with the American Civil Liberties Union, commented on how Tennessee law appears to be discriminatory and unfair. About 40 percent of formerly incarcerated individuals in Tennessee are African American, while blacks represent only 17 percent of the state's total population, the Daily News Journal reported. Currently, state law bans those convicted of a felony with a maximum sentence of more than a year, with the possibility of reinstatement. Residents convicted of murder, some sexual offenses, treason and voting fraud permanently lose their right to vote.

New York: State Needs to 'Fast-track' Voter Education

New York State needs to "set the record straight on voting rights" according to an editorial published by El Diario. Thousands of formerly incarcerated citizens in the state are misinformed about their voting rights, which are restored once they have served their maximum prison sentence or been released from parole. According to a 2006 survey by the Brennan Center for Justice, DEMOS and the Legal Action Center, some citizens on probation were illegally denied the right to vote. "Advocates have made several smart recommendations-including that the state's Board of Elections launch a public awareness campaign and that the legislature restore the right to vote for all citizens on release from prison. These recommendations should be fast tracked, and Attorney General Andrew Cuomo should put BOE offices on notice for any attempts to lock out voters," the editorial states.

Kentucky: Students on Board to Restore Rights

University of Kentucky students gathered this week on campus to support Rep. Jesse Crenshaw's (D- Lexington) efforts to pass House Bill 70, a bill that would restore voting rights to formerly incarcerated people like former UK basketball player Tayna Fogle. Though the House of Representatives passed the bill last year, it failed to make it through the Senate, the Kentucky Kernel reported. The bill will again be brought up in the House this year for reconsideration. A rally and lobby day will be held in Frankfort on February 28 from 9:30 a.m. to 1:30 p.m.

Wisconsin: Restoration Leads to Integration

University of Wisconsin-Madison student Andrew Wagner wrote an opinion editorial in the student publication, The Badger-Herald, on the need for the state to change its disenfranchisement laws. Wagner supports Rep. Joe Parisi's (D-Madison) recently introduced bill that would restore voting rights to formerly incarcerated individuals who have completed their prison sentence and are on probation or parole. "Give released felons a stake in society rather than pushing them to the margins," he stated. "While these felons are still under sentence when they are on probation or parole, the reintegration process should start as early as possible once they leave prison."

National: Denying the Pursuit of Happiness

Senator Russ Feingold (WI) and 1996 Republican candidate for the vice presidency Jack Kemp co-wrote an opinion editorial published in the Baltimore Sun on their efforts to introduce the federal Democracy Restoration Act allowing those on probation or parole, or individuals who have served their sentences, to be able to vote in federal elections. "Even as voting restoration grows, we have a long way to go. For a nation that depends on the participation of its citizens, it is fundamentally un-American to deny the vote to people who are living and working as law-abiding citizens," they wrote. "Furthermore, the more doors we close on people trying to rejoin society, the more likely it is we will drive them back to the behaviors we want them to leave behind. Later this year, Americans will determine the next president of the United States. But millions remain disenfranchised because of a dangerous anachronism: civil death."

An opinion editorial featured on Helium.com holds the position that individuals with felony convictions should have all rights restored in order to reduce recidivism and boost the nation's economy. The writer states: "If we are going to continue to deny ex-felons their rights even after they have served their term then we need to take the word-"ex" out of ex-felon. If we are going to continue to deny their right to the pursuit of happiness then we can just call them all felons and convict them to a life of despair."

A contributor to the State Hornet newspaper, a student publication of the California State University, Sacramento, wrote an opinion editorial on his experience as a formerly incarcerated person gaining back his voting rights - and how others like him in other states are not so lucky. "Most are led to believe that their right to vote has been taken away, or the process to get it back is too extensive," Galen Kusic wrote. "This must change. If you are a citizen in this country, ex-con or not, the government should grant you the right to vote. Period."

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Kentucky: House Committee Approves Restoration Bill

By a 7-1 vote, a House committee approved a bill that would restore voting rights to former offenders who have completed their sentence. The measure, however, has yet to attract wide support in the Republican-held Senate, according to the Lexington Herald-Leader. If it passes both the House and the Senate, the bill would still require ratification by voters.

National: Disenfranchisement's Effects, Roots

In a personal account of disenfranchisement and the confusion and assumptions the public makes about who's eligible to vote, writer Amy Goodman explains how disenfranchisement affects the political system in the Arizona Daily Star. Goodman recounts a conversation with a friend who says he cannot vote due to a felony record and how she later reported back to him that he was misinformed and can, in fact, vote in his state. "We are constantly pushing for legislative change around the country. But public education is absolutely key," Ryan King, The Sentencing Project's policy analyst, was quoted as saying. "There are so many different laws that people simply don't know when their right to vote has been restored. That includes the personnel who work in state governments giving out the wrong information."

Giving a historical overview of disenfranchisement's antebellum roots, Claremont Portside Magazine published an op-ed in support of re-enfranchisement. According to the article, in 1861, 19 of 34 states barred those with felonies from voting. "Then came the Civil War and the 14th and 15th Amendments. The latter outlawed disenfranchisement based of 'race, color, or creed,' but the former recognized a state's ability to withdraw that right for "participation in a rebellion, or other crimes," the article states. Noting that disenfranchisement silences poor and minority voters, the op-ed suggests that the nation incorporate ex-offenders in the process of self-government.

Alabama: Struggle Part of State's History

The Rev. Kenneth Glasgow, Executive Director of The Ordinary People's Society (TOPS) wrote an op-ed for the Birmingham News on his efforts last month to register jail inmates in Alabama. He mentions that most of the inmates he came into contact with were not aware of their voter eligibility and in the article Glasgow connected the need to be politically active to Dr. Martin Luther King's dream for equality and justice. "After visiting jails and prisons throughout the state and registering thousands of voters, I can tell you these people are not being notified of their voting rights, nor is there a system in place that allows them to exercise those rights," said Rev. Glasgow. "The struggle for equality under the law - especially for voting rights - is a part of our state's history." For additional coverage, see the Drug Policy Alliance Web Site.

California: Voting Behind Bars - Jail Inmates Eligible While Awaiting Trial

An Associated Press article describes the public's misperception of voting in jail while awaiting trial. According to the article published in the San Jose Mercury News, San Francisco jail inmate "Derek Jackson interrupted a shower to accept the sealed ballot a lawyer pushed through the bars of the jail cell he shares with 11 other men, hoping to make a difference in the society with which he has often been at odds." Outreach efforts like those of Prisoner Legal Services educate jail inmates and formerly incarcerated individuals so they don't mistakenly assume their records bar them for life. Furthermore, its lawyers regularly hand out absentee ballots and registration applications to those awaiting trial. Though other jurisdictions across the country have said otherwise, San Francisco Sheriff Mike Hennessey believes he is responsible for ensuring that inmates understand their rights and have access to register and voting. "We who run jails are enforcement officers, and one of the roles of government is to make voting accessible to those who are eligible, so it is merely a law enforcement role as far as I'm concerned," he said.

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Florida: "I VOTED"

Lisa Burford cast her vote in Florida's primary election this week - the first time the Palm Beach County resident has been able to do so in almost 20 years, the Palm Beach Post reported. The mother of four was one of the many who pleaded her case to Gov. Charlie Crist last year on behalf of formerly incarcerated individuals, like herself, hoping to regain their civil rights. When Burford was 24, she spent 30 days in jail after being convicted of pilfering money from a bank where she worked. As a result of the state Clemency Board restoring civil rights for individuals having committed nonviolent offenses, Burford was able to vote. With pride, she sent a short email to the governor that simply read: "I VOTED."

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Florida: "Slow Going" Registration Efforts May Keep Hundreds of Thousands of Eligible Voters from Polls

As the election year heats up, so do the emotions of hundreds of thousands of Florida citizens who expected to register to vote after the state's clemency board last year moved to make voting easier for non-violent offenders. "It's a slow process. It's slow going," said Muslima Lewis, an attorney with the ACLU and director of the Florida Rights Restoration Coalition. "Individuals who were initially very encouraged in April of last year are now seeing that it's taking them a bit longer and with this being an election year people are getting more and more impatient." As a result of the efforts of Gov. Charlie Crist - whose election platform included rights restoration of formerly incarcerated individuals - about 45,000 individuals' rights have been restored since April. There remain, however, approximately 900,000 individuals who continue to wait to find out if their rights have been restored. In fact, 130,000 of those citizens are still waiting for their cases to be reviewed and have been told the process will take several months to a year, according to NPR's "All Things Considered." "That's very problematic," Lewis continued. "We are concerned about whether folks will actually be getting on the rolls in time to vote in November." The ACLU and other organizations continue to sponsor seminars to educate and register formerly incarcerated individuals.

Alabama: "Let My People Vote"

The Rev. Kenneth Glasgow this week visited several jails in Alabama to register inmates by today's voter registration deadline. During his "Let my people vote" registration campaign, which began on the Martin Luther King, Jr. holiday, Glasgow brought voter re-instatement and registration forms for inmates to fill out, the Dothan Eagle reported. "Today, there are four times the amount of our people behind bars than the time Martin Luther King led the civil rights movement here in Alabama, but voter registration goes beyond just that. There's no better day to address this struggle than on his birthday," Rev. Glasgow, coordinator for the Alabama Alliance to Restore the Vote said. The state's primary is Feb. 5. Last year, Glasgow's registration efforts collected more than 10,000 applications. Prior to 2006, formerly incarcerated individuals who committed crimes of 'moral turpitude' were banned from voting. In 2006 Jefferson County Circuit Court Judge Robert Vance Jr. ordered voter registrars in Alabama counties to register former offenders unless legislation was signed stating otherwise and until 'moral turpitude' was defined. Additional coverage by the Montgomery Advertiser reported that county jail inmates are allowed to vote absentee, but it's up to the inmates to fill out the application. For more coverage, see the Enterprise Ledger.

National: Presidential Candidates Should be Pressed by Reporters on Voting Rights

In the Columbia Journalism Review's new series "Eight Questions Reporters Should Ask," Todd Gitlin explains the need for his column by saying: "My goal with this series is to highlight questions that, to my mind and to the best of my research, the press has not asked (or at least not asked often or insistently enough)." As a result Gitlin feels journalists should ask of presidential candidate Sen. Barack Obama the following question: Nearly five million Americans-some 2% of the American electorate-cannot vote today because they have been convicted of felonies. In this regard the US is unusual among the world's democracies, which think that the rights of citizenship should be restored once a felon has served his or her sentence. Do you agree that former felons should regain the right to vote?

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[Courtesy ACLU of Florida]

The Florida Rights Restoration Coalition (FRRC) is organizing a two-part mobilization in Tallahassee in support of restoring the right to vote to hundreds of thousands of people with past felony convictions in Florida who have completed their sentences. Your presence in Tallahassee is critical to furthering our continuing progress toward comprehensive clemency reform and our goal of removing the voting ban from Florida’s Constitution.

On February 28, we seek to mobilize 40-75 citizens to Tallahassee for the February 28th Board of Executive Clemency meeting.

On April 1, FRRC plans to mobilize 500-1000 individuals for a rally and related events.

We Need a Commitment from You & Your Organization!

The success of this effort depends on commitments from you and your organization. We ask that you and your organization let us know how many people you or your organization can mobilize for either or both of the events on February 28 and April 1. We especially need your help mobilizing individuals for the April 1 rally.

Everyone who supports ending Florida’s civil rights ban is welcome and encouraged to attend. We extend a special invitation to those who are directly impacted by Florida’s civil rights ban. If you, or someone you know, have been affected by Florida’s voting ban, come to Tallahassee and make your voices heard! Make the decision today to support this historic event and let us know how many people you can bring to the event. For additional information please call La Rhonda Odom at 786-363-2718.

The time is always right to do what is right.
~Rev. Dr. Martin Luther King, Jr.

La Rhonda Odom
Racial Justice Project Associate
ACLU of Florida
4500 Biscayne Blvd. Suite 340
Miami, FL 33137
(786) 363-2718 (phone)
(786) 363-1020 (fax)

Virginia: If at First Legislation Doesn't Succeed, Try, Try, Try, Try Again

Sen. Yvonne Miller (D-Norfolk) introduced a constitutional amendment last month aimed at restoring voting rights to those convicted of nonviolent offenses, the Virginian-Pilot reported. "I introduce this every year because at some point somebody, it may not be me, will get it through," she said. "It's an issue of fairness because there are large numbers of people who have paid their debt to society and should be able to get their rights back." Since 2000, legislation has been introduced yet failed to pass.

According to Virginia law, people with felony convictions are permanently barred from voting, but can apply for restoration after completing a sentence. Restoration applications can be made through a local Circuit Court or the Secretary of the Commonwealth - both of which ultimately lead to the governor's final decision. The Pilot featured a breakdown of the number of citizens whose rights were restored by Virginia governors. As of December 28, 2007, Gov. Timothy M. Kaine had restored 1,144 citizens' right to vote.

Kentucky: Recurring Resistance to Re-enfranchising

A Courier-Journal editorial states that disenfranchising citizens with criminal records "mocks the word 'justice.'" Nonetheless, proposals for reform are likely to encounter resistance from certain lawmakers and the Senate Judiciary Committee. "Some harbor racial motives for not wanting ex-felons to vote, but they don't have to admit that," the editorial states. "They can just talk about how undeserving criminals are. Others oppose restoration of voting rights on the assumption that, just because so many criminals come from lower socioeconomic backgrounds, they likely will vote Democratic, but, publicly, they can posture against giving criminals this kind of 'break.'"

Despite last year's failed attempt at restoration, legislators and others continue to push the constitutional amendment sponsored by Democratic Reps. Darryl Owens of Louisville and Jesse Crenshaw of Lexington that would restore voting rights to those convicted of many felonies upon completing their sentence, another Courier- Journal article stated. "When you finish your sentence, you should be free to re-enter society," Marc Mauer, Executive Director of The Sentencing Project was quoted as saying. "But with laws like these, we still treat people as second-class citizens. If we want people to become law-abiding citizens, we need to get them engaged in constructive institutions in their community." For more coverage, see the Lexington Herald-Leader.

Florida: State Needs Updated Database of Eligible Voters

The third time was a charm for Michael Hargrett, 51, when it came to successfully registering to vote in Florida. Twice, he attempted to register to vote and was turned away; he was told his name remained on the state's felon list despite the fact that on one occasion he displayed a certificate of rights restoration. Only when he contacted the ACLU was he able to successfully register, the News- Press reported.

"If I hadn't been involved and knew I had this right ... I would have just walked away thinking I can't vote," Hargrett said. As a result, civil rights activists last month sent letters to the state demanding it share its civil rights restoration database with counties, which currently do not have access to that information. They are also requesting that Florida's county election supervisors become proactive in helping qualified felons to register to vote.

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Florida: Public Interest Group Announces Web site, Hotline to Register Formerly Incarcerated Citizens

People for the American Way Foundation (PFAW) scheduled a press conference this week to announce a large-scale effort to get thousands of formerly incarcerated citizens to the polls. Its announcement comes a day after Chief District Judge Robert Hinkle dismissed a voting rights suit filed by U.S. Sen. Bill Nelson and other congressional Democrats alleging that the Democratic National Committee violated the rights of millions of Florida Democrats by stripping the state of its convention delegates, a punishment for moving the presidential primary from March to Jan. 29, according to the Tallahassee Democrat. As part of PFAW's plans, a Web site and hotline will be set up to help register formerly incarcerated individuals.

Nevada: Debate Ensues on Proving Restoration Eligibility with Affidavits

Next week, a legislative subcommittee is scheduled to review voting rules recently adopted by the Nevada secretary of state's office that allow formerly incarcerated residents to submit sworn affidavits confirming the restoration of their voting rights. Brenda Erdoes, chief legal counsel for legislators, however, said a personal affidavit isn't enough and an individual must produce an official document from a court or agency showing rights restoration, the Las Vegas Sun reported. Matt Griffin, elections chief for Secretary of State Ross Miller, disagrees and feels an affidavit is sufficient proof.

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National: "Abandon Felon Disenfranchisement Policies"

University of Washington criminologist Robert Crutchfield argues that "In a nation that continues to have criminogenic inequalities (in education, housing, and employment) and, as a result, substantial disparity in criminal involvement and sanctioning, [felony disenfranchisement policies are] unfair and unjust." Writing in the journal, Criminology and Public Policy, (November 2007), Crutchfield examines the impact of drug and sentencing policies, concluding that "African Americans are disproportionately at risk for felony conviction and, consequently, for felon disenfranchisement." He further argues that since these policies have no positive benefits for individuals or communities, they are "anti-democratic and should be abolished."

Rep. Keith Ellison (D-Minn.) is seeking legislation that would require states to allow formerly incarcerated individuals to vote in federal elections upon release from prison. According to the Associated Press, Ellison introduced re-enfranchisement legislation earlier in his career while in the Minnesota Legislature. "Allowing felons to vote signals our value on redemption," he said. "We should believe in second chances. I can think of very few things that are more public-spirited than voting. I don't think there's any real good reason to deny you the right to vote once you're in, but, once you're out and you can vote - that would be a system that would make sense to me."

Wisconsin: Audit Finds 1,500 Eligible Citizens Not Allowed to Vote in 2006

During an audit this week, the Wisconsin Legislative Audit Bureau reported that of 35,000 formerly incarcerated individuals listed on an ineligible voter list, about 4.4 percent, or 1,537 citizens, likely would have been eligible to vote in elections held in 2006, according to the Wisconsin State Journal. "Those names shouldn't have been on the list. I can't say that they went to the polls and were turned away. We don't know that," state auditor Jan Mueller said. Sen. Jim Sullivan (D-Wauwatosa) who serves as audit committee co-chairman said the oversight "effectively disenfranchised" potential voters.

Kentucky: Legislation in the Works for Disenfranchised Kentuckians

A committee representing the State Government Task Force on Elections met this week to discuss re- enfranchisement legislation filed by Democratic Representative Darryl Owens for the upcoming General Assembly. Formerly incarcerated citizens testified in support of the legislation while Kentucky Senator Julian Carroll and Reps. Mike Cherry, Mike Harmon and Melvin Hensley offered their support. See more at Kentuckians for the Commonwealth.

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