Felons

The right to vote and to cast a free and secret ballot is supposed to be the cornerstone of democracy. Yet, upwards of 5.3 million Americans are denied the right to vote because of a past felony conviction. In fact, felons are the only group who is banned from voting by law. While Maine and Vermont allow all residents to vote, even residents serving time in jail, every other state has enacted laws that ban those serving time from voting. Two states, Virginia and Kentucky, permanently disenfranchise people convicted of felonies even after they have served their time.

The exclusion of lawbreakers from the political process dates back hundreds of years. Colonial law incorporated provisions that restricted or eliminated the rights of felons to vote. However, today's laws that restrict voting rights owe their history to the post-civil war reconstruction era. Southern states in particular worried about the potential effects of the15th amendment, which gave African Americans the right to vote. These states enacted a series of "Jim Crow" laws, such as poll taxes and literacy requirements, as a means to disenfranchise voters. Banning people with felony convictions from voting significantly limits the number of African-Americans who can vote. According to the Sentencing Project, "1.4 million African American men, or 13% of black men, is disenfranchised, a rate seven-times the national average."

Over the last few years, advocates of felon voting rights have helped to successfully dismantle some laws, but the fight continues and millions of citizens every election are unable to vote because they have a felony conviction on their record.

To learn more about felon disenfranchisement visit The Sentencing Project.

 

Find the state processes for ex-felon re-enfranchisement This is especially useful if you are an ex-felon, a friend/family member of an ex-felon or are simply curious about the policies and procedures individual states establish.

[ More resources on felon disenfranchisement ]  
Florida Faces Vote Chaos in 2004, Commission Hears

By Alan Elsner
Published July 15th 2004 in Reuters

WASHINGTON (Reuters) - Florida faces another debacle in the upcoming presidential election on Nov. 2, with the possibility that thousands of people will be unjustly denied the right to vote, the U.S. Commission on Civil Rights heard Thursday.

In a hearing on the illegal disenfranchisement of alleged felons in Florida, commissioners accused state officials of "extraordinary negligence" in drawing up a list of 48,000 people to be purged from voter rolls, most of them because they may once have committed a crime.

"They have engaged in negligence at best and something worse at worst," said Mary Frances Berry, chairperson of the commission, an independent bipartisan body whose members are appointed by the President and Congress. She said the commission would ask the Justice Department to investigate the matter.

"It does seems to me there is a smoking gun here," said commissioner Christopher Edley. "There has been extraordinary negligence in the way the felon purging process has been conducted. ... If it was intentional, this could be a violation of the federal Civil Rights Act."

President Bush won a bitterly disputed election in Florida in 2000 by 537 votes after a month-long battle that was ultimately decided by the Supreme Court. This year's battle between Bush and Democrat John Kerry promises to be equally tight. The president's younger brother, Jeb Bush, is governor of Florida. Last weekend, Gov. Bush said the state would drop the list after newspapers pointed out it included only 61 Hispanics. Hispanics in Florida have generally supported Republicans, while blacks, who made up a disproportionate number on the list, overwhelmingly support Democrats.

After the 2000 election, it emerged that thousands of people, mostly blacks, were improperly denied the right to vote because they mistakenly appeared on a list of ex-felons. Florida is one of seven states that denies former prisoners the right to vote for life unless a clemency commission restores their rights.

This year, the state produced a new list of 48,000 people to be purged from voter rolls. The state kept the list secret until news organizations sued and a judge ordered the state to make it public.

LIST IS "GARBAGE"

Ion Sancho, supervisor of elections in Florida's Leon County, told the commission the list was "garbage" and that Florida was facing another election disaster.

"We recognized the lists were a prescription for disenfranchisement all over again, Sancho said. The list was riddled with inaccuracies, he said, because no one had checked the source data bases to correct errors. For example, it failed to list the alleged felonies those excluded had committed and where and when they were committed. Sam Heyward, a resident of Tallahassee, told the commission he had received
a letter informing him his name was being purged from the voting rolls. He had committed a crime in 1978 but had his voting rights restored in 1986; since then he has voted in every election.

The state said each of Florida's 67 counties would now have to find its own way to purge its voter rolls of felons. The commission heard that many counties, especially those controlled by Republicans, would probably use the state list despite its flaws and that court action was likely.

Florida Democratic Sen. Bill Nelson told the commission he was also concerned about possible voter intimidation. He warned of "police look-alikes" appearing at polling stations in black neighborhoods with video cameras, of police roadblocks near polling stations and other dirty tricks. Additionally, there were serious problems reported with the new touch screen computer voting machines half of Florida's voters would be using. In the March Democratic primary, hundreds of votes that were cast were not recorded. "It is embarrassing to me that we have to go through these kinds of questions," Nelson told the commission.