In this issue · Indiana: Former Town Councilman Sues for Voting Rights · Washington State: Date Set for Felon Disenfranchisement Case · National: 45 Years Later, Gains of Voting Rights Act Must be Advanced Further · National: Report Finds Interaction with Law enforcement Reduces Political Participation Contact Us Send an email to
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| September 15, 2010 Disenfranchisement News Indiana Former Town Councilman Sues for Voting Rights
Former Roseland Town Councilman David Snyder is suing the state of Indiana for removing his name from voter registration rolls after a 2008 misdemeanor battery conviction. WNDU Indiana reports that Mr. Snyder served time behind bars for the offense and that anyone who is imprisoned for even a misdemeanor crime in Indiana is automatically removed from the voter registration rolls.
Snyder's class action lawsuit is arguing that the policy violates the Indiana Constitution, which specifically bans those imprisoned for an "infamous crime." In the complaint it is claimed that past Indiana Court of Appeals decisions have defined that term as only applying to felonies.
"I realize if they're doing this to me, how many other thousands of people in the State of Indiana is this being done to?" said Snyder. Washington State Date Set for Felon Disenfranchisement Court Case The full 9th Circuit Court of Appeals has set a September 21st hearing date for a challenge of Washington State's ban on imprisoned and community supervised felons. A three-judge panel of the same Court had previously found the ban to be a violation of the Voting Rights Act and the constitutional rights of felons in a 2-1 ruling. The court based its finding on the grounds that the state's criminal justice system is "infected" with racial discrimination. However, that ruling has been put on hold pending the appeal.
The policy dates back to the time when Washington was still a territory. The case will be personally argued by Attorney General Rob McKenna for the state, backed by Secretary of State Sam Reed.
Known as the Farrakhan case, the lawsuit has been in play for over 14 years and is one of Washington's longest running. KNDO reports that, "if the en banc panel affirms the three-judge panel, the case will be ripe for U.S. Supreme Court review" and that both the Attorney General and the Secretary of State are prepared for such an outcome.
A separate Seattle Times opinion piece by John Payton and Ryan Haygood of the NAACP Legal Defense Fund presents the case against the state. They argue that Washington State has never disputed court findings that African Americans, Latinos and Native Americans are treated more harshly by the criminal justice system than similarly situated whites, and that this difference "clearly hinders the ability of minorities to participate effectively in the political process." They claim that Washington has an admittedly discriminatory justice system that cannot and should not be used to take away the most basic right of a free democracy. National 45 Years Later, Gains of Voting Rights Act Must be Advanced Further It has been 45 years since the passage of the Voting Rights Act and the progress that has been made must be continued into new areas, according to University of Baltimore School of Law assistant professor Gilda R. Daniels. She writes in The Huffington Post that while major gains have been made in black voter registration and representation, "felon disenfranchisement laws across the country strip the ability to vote from those who are no longer incarcerated and are attempting to become honorable citizens." This has led to the disenfranchisement of more than 30% of African-American males in some states. Daniels argues that the Voting Rights Act must adapt to our new and changing times in order to "ensure equal opportunity for all." National Report Finds Interaction with Law enforcement Reduces Political Participation A new report by Vesla Weaver and Amy Lerman detailed by John Sides in the Washington Post finds that contact with the criminal justice system has a debilitating effect on one's political participation. The report found that, "those with contact at every level of criminal supervision withdraw from political life - they are not in civic groups, they are less likely to express their political voice in elections, they are less involved in their communities." Their research also shows that these interactions breed distrust in local, state, and federal government. Sides said that proposed prison and justice reforms could lead to a more engaged public and reduce these extremely troubling issues. Back to top ^ |
