The Sentencing Project: Disenfranchisement News & Updates - 7/27/07
Washington: Supreme Court Says No Payment, No Voting Rights
The state Supreme Court just released its decision upholding state law that says those with felony convictions must pay all fines and court fees before voting rights are restored, according to a Seattle Times news analysis by David Postman. The lawsuit, originally filed by local lawyers and the state ACLU in 2004, challenged the constitutionality of Washington's voting regulations and argued discrimination on the basis of wealth. The majority opinion, written by Justice Mary Fairhurst reads: "We hold that Washington's disenfranchisement scheme does not violate the privileges and immunities clause of the Washington Constitution or the equal protection clause of the United States Constitution. Washington's statutory disenfranchisement scheme provides for the restoration of voting rights to felons on equal terms - that is, only after individuals have satisfied all of the terms of their sentences." In 2002, the Department of Correction reported an estimated 46,500 residents who were banned from voting due to financial obligations.
A Seattle Post- Intelligencer editorial stated its disappointment in the Court's 6-3 decision. The editorial board said Chief Justice Gerry Alexander's dissent ought to be required reading for legislators: "As a society, we should encourage rather than discourage felons to rehabilitate themselves," Alexander wrote. The editorial board further commented on the collateral consequences of sentencing by stating, "The Legislature would rather drop any issue that could make it look soft on crime. But the problem is that the issue matters precisely because so many poor and minority citizens have been prosecuted for drug offenses (instead of receiving treatment). The intent never was to permanently bar them from full participation in society."
Wisconsin: Summit Addresses Need for Right to Vote
The ACLU of Wisconsin and the local chapter of the NAACP at a summit last week said if individuals were given the right to vote upon release from prison, crime would go down, prisons would be less crowded and community participation would increase. The two groups are supporting legislation that would change the state's current law that bans individuals from voting until parole and/or probation are completed. The summit featured various experts and policymakers including State Rep. Tamara Grigsby, State Sen. Spencer Coggs and professor of law at the University of Chicago Randolph Stone. Grigsby said the bill is unlikely to pass the Republican-controlled Assembly this session, the Shepherd-Express reported.
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