Another Tool of Voter Suppression: Felon Disenfranchisement Update

Cross-posted at Project Vote's blog, Voting Matters

By Erin Ferns

At the age of 18, every American citizen is free to exercise his or her right to vote, as guaranteed by the Constitution. However, more than five million Americans in 48 states are denied access to this right due to an array of legislation barring former felons from the polls. This week, three states made headlines with starkly different takes on the voting rights of former felons. From an excited former felon who voted for the first time on Tuesday to a secretary of state who hopes to restrict the voting rights of all felons, the question of who gets to exercise their Constitutional rights is at the center of an expanding debate.

On Monday, Mississippi Secretary of State Delbert Hosemann pushed legislation to prohibit voting by felons. Claiming just 12,000 out of 50,000 felons are unable to vote under current law - including “sexual predators and cocaine pushers” - Hosemann used incendiary language designed to demonize in order to build support for the passage of the “Voting Reform Act,” an omnibus election bill geared towards prevention of so-called voter fraud. The bill also includes voter identification requirements, among other restrictions, according to reports by the Meridian Star and Hattiesburg American.

Studies have shown that controversial voter ID laws disenfranchise citizens in low income and minority communities and felon voting rights restrictions fall heavily upon those same constituencies. According to criminal justice policy group, the Sentencing Project, “this fundamental obstacle to participation in democratic life is exacerbated by racial disparities in the criminal justice system, resulting in an estimated 13% of Black men unable to vote.” These aspects of the Hosemann-supported bill would seem to indicate that it is an attempt to legalize and extend voter suppression policies in the state, as decision-makers seek to craft an electorate to their specifications rather than allow it to reflect the overall make-up of Mississippi’s citizens.

Not only does the patchwork of felon disenfranchisement policies across the 50 states hurt former felons, they also have an impact on their surrounding communities. The right to vote helps build a sense of community, thus reducing the harmful impact on low-income and minorities communities where a disproportionately high number of individuals are disenfranchised due to felony convictions. This sentiment was shared by a former prisoner who got to vote for the first time Tuesday in a story posted on AlterNet.

“This election is bringing out apathetic voters and first-time voters, and making both groups feel invested in the future of their country,” wrote Andres Idarraga, one of 15,000 former Rhode Islanders with a felony conviction who recently had his voting rights restored. “I am so proud to be one of them.”

While reinstating voting rights is an important step in fostering a healthy, representative democracy, educating former offenders regarding restoration procedures is key in reaching that goal, as exemplified by recent work in Alabama.

“Onetime criminal and founder of a ministry called The Ordinary People Society,” Rev. Kenneth Glasgow had been helping people restore their voting rights for years but only recently discovered that some of the 250,000 disenfranchised Alabamans were actually eligible to vote. Glasgow's experience highlights the secrecy surrounding this aspect of Alabama. Until Friday, the Secretary of State’s website wrongfully stated all felons are ineligible to register and vote.

Alabama’s state constitution denies voting rights to only those who committed a felony involving “moral turpitude.” Therefore, “those who have committed other felonies — like marijuana possession or drunken driving — can cast ballots even if they are still in prison, according to the state attorney general.” In 2003, a statute passed making it easier for “some felons to regain voting rights,” which was strongly opposed by Republicans “'because felons don't tend to vote Republican,'” chairman of the state Republican Party, Marty Connors said. It is estimated that at least 3,000 of the 29,000 inmates and thousands more on parole are eligible to vote.

Glasgow, who has registered more than 500 people in county jails, notes how including disenfranchised people in the electorate changes the terms of public policy debate. “There would be a lot of difference in our legislators, our elected officials and our presidents that we’ve had,” Glasgow said. “It would definitely change the political spectrum of Alabama.”

Connors’ statement is an explicit example of the partisan analysis behind the positions of elected officials on laws dealing with who is and is not eligible to vote. Rather than focusing on upholding the right of every citizen to exercise this foundational right of democracy, thereby allowing maximum participation in addressing the issues that affect people’s everyday lives, lawmakers seek to use the government itself to shape the electorate for partisan advantage.

Currently, Maine and Vermont are the only states where felony convictions do not affect voter eligibility

As former felons in Alabama and Rhode Island voice their desire to take part in the civic life of their communities and country – a situation that only strengthens American democracy – officials and lawmakers in Mississippi are finding ways to turn a citizen’s Constitutional right into a privilege reserved only for those who fit certain profiles. Excluding citizens from the most basic right of a representative democracy undermines communal bonds and weakens our civic society.

Project Vote is currently monitoring bills related to felon voting rights in six states at www.ElectionLegislation.org

Quick Links:

Contact

Mississippi Secretary of State

Mississippi Senate

Glasgow's organization, The Ordinary People Society

Reports:

“Restoring Voting Rights to Former Felons.” Project Vote. Jan. 5, 2007. “Restrictive Voter ID Laws.” Project Vote. March 2007.

The Sentencing Project

In Other News:

“Low-income people, while visiting offices that offer public assistance, are supposed to be asked if they are registered to vote. If they are not, but would like to be, they are also supposed to be offered assistance.” Read more of this Las Vegas Sun editorial on the National Voter Registration Act here.

“Voters faced obstacles casting ballots around the county Tuesday, including unstaffed polling places, a lack of transportation for senior citizens and disabled people and problems with voter records not showing up correctly at the polls.” More of this Galveston County Daily News report on the Texas primary here.


Display:


WARNING: My personal opinion (2.00 / 1)

It is my considered opinion that felons should never lose their right to vote under any circumstances, including while they are incarcerated.

They do not lose a fundamental right to worship under those ciorcumstances and they should not lose their franchise, either.

Districts with prisons gain disproportional representation because prison population counts for the purposes of representation while the entire population of the prison hsa been disenfranchised.

My considered personal opinion is no human being should ever lose the most basic of human rights under any circumstances, the right to represntation adn a voice in their own government. This is even more critical for those who ahve been incarcerated as it is done by their government.

/rant off


Bill Foster would agree, Barack Obama has coat tails.
by Walt Starr on Thu Mar 06, 2008 at 02:25:01 PM EST

Re: WARNING: My personal opinion (none / 0)

I have to disagree. I think all convicted felons should have their right to vote supsended while they serving their sentence. Then, they should be allowed to reapply to have it restored and it should be liberally granted IF they have finished their time (including things like parole, early release) and can demonstrate rehabiition. I think murders, rapists, child molestors, terrorits, treasonists should never be allowed to vote again under any circumstances.


by Mayor McCheese on Thu Mar 06, 2008 at 03:02:14 PM EST
[ Parent ]

Re: WARNING: My personal opinion (2.00 / 0)

Voting is not like owning a handgun.  Why should't everyone be allowed to vote no matter what?  What is your litmus test for voting?  I think it's a slippery slope to start deciding who is worthy of voting and who is not.  


by JustJennifer on Thu Mar 06, 2008 at 03:15:27 PM EST
[ Parent ]

Re: WARNING: My personal opinion (none / 0)

None of our rights are exist "no matter what." There are limitations on them all. Rights have limits and society does in fact have a right to decide to impose limits for those who have broken their contract with society by committing felonies. You think there should be no limits on voting? We as a society impose those limits all the time. You have to be at least 18. You have to register. Those are the two that keep the most people from voting.


by Mayor McCheese on Thu Mar 06, 2008 at 03:42:07 PM EST
[ Parent ]

Re: WARNING: My personal opinion (2.00 / 0)

I understand the age restriction.  The rest..not so much.  


by JustJennifer on Thu Mar 06, 2008 at 05:57:52 PM EST
[ Parent ]

Re: WARNING: My personal opinion (none / 0)

You don't agree with registration? And age is a lot more arbitrary than felony conviction. Age is simply accident of birth. I was just as prepared to cast an informed vote on my 18th birthday as I was the day before. Felons have to affirmatively commit an act against society in order to have their vote taken from them as part of their punishment.


by Mayor McCheese on Thu Mar 06, 2008 at 06:43:15 PM EST
[ Parent ]

Re: WARNING: My personal opinion (2.00 / 1)

Yes, yes I agree with you on the registration. And I still say this disenfranchises more minority voters and I know for a fact that getting their rights reinstated once they are eligible to vote again is not a priority of our criminal justice system.


by JustJennifer on Thu Mar 06, 2008 at 07:16:14 PM EST
[ Parent ]

Re: WARNING: My personal opinion (none / 0)

And here I agree with you. I know that its' not a priority to restore the rights of felons. And I think it should be. But where I differe is,  one, it shoudln't be automatic. Much easier, yes. Autmomatic, no. Not until they have shown some remorse and rehabilition. I also think the threshold should be low. Maybe put the burden on the state to prove why the persons' rights SHOULN"T be restored. I still think that there are certain people who are so evil and vile that that the should never vote again.


by Mayor McCheese on Fri Mar 07, 2008 at 01:20:19 PM EST
[ Parent ]

Voter suppression (2.00 / 0)

The use of felonies to bar tax paying citizens from voting is aimed at African Americans. All Democrats, regardless of whom you support, should support voting rights for all Americans.


by moi moi on Thu Mar 06, 2008 at 02:25:02 PM EST

I agree.. (2.00 / 0)

these rules are aimed at disenfranchising voters who are likely to vote Democrat.  It's truly a travesty of justice.  


by JustJennifer on Thu Mar 06, 2008 at 02:54:55 PM EST

Re: I agree.. (none / 0)

Not so sure. I mean, do we really want Charles Manson, Terry Nichols, Sirhan Sirhan, David Berkowitz et al helping pick our leaders? I say no. I do think we should make it easier to have their rights restored, especially for non violent felons.


by Mayor McCheese on Thu Mar 06, 2008 at 03:04:07 PM EST
[ Parent ]

Re: I agree.. (2.00 / 0)

You do realize that a lot of scummy, disgusting people who have never been arrested are already helping us choose our leader, right?


by JustJennifer on Thu Mar 06, 2008 at 03:14:31 PM EST
[ Parent ]

Re: I agree.. (none / 0)

Of course, but legally, they have the same rights as you and me, as it should be. Innocent until PROVEN guilty in a court of law.


by Mayor McCheese on Thu Mar 06, 2008 at 03:37:32 PM EST
[ Parent ]

Re: Another Tool of Voter Suppression: Felon Disen (none / 0)

I've recommended the diary, but could you please go back and click edit and format it? It's very difficult to read it as is and paragraph breaks aren't exactly difficult to add.


by Quinton on Thu Mar 06, 2008 at 05:58:59 PM EST

Re: Another Tool of Voter Suppression: Felon Disen (none / 0)

Quinton,

We appreciate the rec. That's great.

Please bear with us on the formatting. We post to a number of different sites and there is really just one person monitoring all the diaries. She has other work to do as well.

We're a non-profit with budget limitations so we ask your patience as we troubleshoot technical issues like the one you cite.

Thanks again for the rec and your patience with the formatting.


Project Vote is the largest voter registration organization in the US and a leader in the fight for voter rights. 2.1 million voters registered since 2003.
by Project Vote on Fri Mar 07, 2008 at 02:04:14 PM EST
[ Parent ]

Re: Another Tool of Voter Suppression: Felon Disen (none / 0)

Thanks for the formatting, it's so much easier to read :) I appreciate the diary, good work raising awareness of this issue!


by Quinton on Sat Mar 08, 2008 at 03:56:53 PM EST
[ Parent ]


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