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Ex-Offender Voting
Rights
A vibrant democracy seeks electoral
participation by all members of a community and involves
citizens of all backgrounds.
Today, however, nearly 4 million citizens
in the United States are denied the franchise by virtue
of their status as ex-offenders. A starkly
disproportionate number of minorities, particularly
African American males, are thus denied voting rights.
Nearly 14 percent of African American males are denied
the right to vote.
While different states set different rules
for enfranchisement of ex-offenders (from Vermont and
Maine allowing individuals to vote while in prison, to
states like Florida, Alabama and Mississippi, where
ex-offenders are essentially disenfranchised for life),
overall, there is a crisis in this country.
We believe ex-offenders should have the
right to vote restored upon release from prison. Studies
show that one of the best indicators of whether an
individual will vote is whether their parents vote ��� and
children of ex-offenders should not be put at an even
greater disadvantage. State legislatures should
encourage ex-offenders to become as involved in the
fabric of community as possible and thus, should restore
voting rights and instill a greater sense of social
responsibility.
Articles and Op-Eds on Ex-Offender
Voting Rights:
"Reintegrate ex-cons by restoring voting
rights." Baltimore Sun Eric C. Olson
and Marvin Cheatham, February 7, 2002
Resources and Links:
2001 Pro-Democracy
Campaign
Includes the Voters���
Bill of Rights, goals of the Pro-Democracy Campaign, and
links to other organizations.
ACLU
Several
press releases on the issue
The American
Prospect--���Restoring the Vote���
Brennan Center for Justice at NYU School
of Law
Civic Participation and
Rehabilitation Act of 1999
Common
Cause
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Not Making the Grade: A Year
After Florida, Little Action In States On Election
Reform- A State-By-State Report Card (Appendix. D:
Felon Disenfranchisement Laws)
Justice Talking from NPR:
���Liberty Lost: Felon
Disenfranchisement���
May 29, 2001
Debate featuring Nancy Northup
(Director of Democracy Program, Brennan Center for
Justice at NYU School of Law) and Rob Godbey (Member of
New Mexico House of Representatives)
Lawyers��� Committee for Civil Rights Under
Law
The Voting
Rights Project, along with the Brennan Center for
Justice at NYU Law School, and Law Offices of James K.
Green, P.A. (West Palm Beach, FL) have filed suit
seeking to overturn the constitutional and statutory
provisions in Florida which prevent ex-felons from
voting. (Includes link to the complaint.)
NAACP
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Re-enfranchisment
American justice allows people to return to
society. Why can't they vote?
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The National Commission on Federal
Election Reform (Carter-Ford
Commission)
The Sentencing Project
US
Department of Justice-Civil Rights Division
Restoring Your Right To Vote
(Includes state by state information)
You���ve Got Mail: Voting Rights
Myth Over the
Internet
I���m sure many of you have been bombarded
with email about African Americans losing the right to
vote in 2007. The purpose of this article is to put that
very misleading rumor in a proper context for discussion
and advocacy, and focus people���s attention on the
specifics of what really must be defended in 2007 to
expand African American political empowerment. But first
we must separate truth from fiction and reveal the
actual meaning of the Voting Rights Act. After reading
this article please circulate it throughout cyberspace;
the same fashion that the rumor was so vehemently
delivered. Once we have complete understanding of this
very important issue we can move the discussion to other
very practical matters concerning African Americans and
voting: redistricting and the census, majority-minority
districts, increasing African American registration and
voter turnout, voter education, alternative election
systems, and felony voting rights.
Will African Americans lose their right to
vote in 2007?
NO! The Voting Rights Act of 1965 along
with its amendments and extensions ensures fair voting
practices for all eligible citizens. Literacy tests,
educational achievement and/or knowledge, constitutional
interpretation tests, etc. cannot be used to determine
someone���s right to vote. Numerous methods were used
prior to 1965 to deny African Americans the right to
vote. This Act places the US government as "watchdog"
over states and localities to protect voting rights of
citizens. No one can be denied the right to vote because
of race or ethnicity.
What are Sections 2 and 5 of the Voting
Rights Act?
Section 2 basically states that no one can
be denied the right to vote based on race, color, or
previous condition of servitude. This is a
constitutional principle not limited to any time ���frame
and enforceable nationwide. Section 5 contains the
temporary provision which is probably at the heart of
the rumor. Section 5 applies to Alabama, Georgia,
Louisiana, Mississippi, South Carolina, Texas, Virginia,
and parts of Alaska, Arizona, Hawaii, Idaho, and North
Carolina. These areas [called covered jurisdictions]
must submit any voting changes to the US Attorney
General [the Department of Justice.] These changes can
include but are not limited to: changes in the location
of a polling place, changing an elected position to an
appointive one, changing the existing voting system,
etc. The Department of Justice determines if the change
dilutes or weakens the voting strength of minority
voters. If so, the Department of Justice can refuse to
"preclear" the change.
Why does Section 5 require
extensions?
Section 5 is a temporary provision.
Certain temporary provisions were placed in the Act as a
political compromise to ensure the Act would pass
Congress. In 1982, the Act was amended and Section 5 was
extended through 2007. By this date Congress must decide
what to do about Section 5.
If Congress eliminates Section 5 does that
mean African Americans will lose the right to
vote?
NO. If Section 5 is not extended that
means covered jurisdictions will not have to submit
voting changes to the Department of Justice. However,
they cannot violate Section 2 of the Voting Rights Act
as well as the Constitution and relevant Amendments.
If Section 5 is eliminated can some areas
use tactical measures to weaken the voting strength of
minorities?
YES! But that has been an ongoing issue
since the act was passed over 30 years ago. Rather than
literacy tests and poll taxes, some areas challenge
majority-black districts, change elected positions to
appointive ones, transform district elections to
at-large elections, etc. These measures have proven to
weaken the voting strength of minorities and are the
main cause for litigation. Remember, Section 5 mostly
applies to southern states. There are many other states
not under Section 5 mandates. If Section 5 is not
extended it can become a serious issue for African
Americans in the struggle for fair voting rights, but it
will not result in the loss of voting rights.
What can be done to keep Section 5
active and alive?
Know your representative and his/her
stance on voting rights issues. Feel free to call,
write, email, etc. your representatives in Congress and
stress your concerns over extensions to the Voting
Rights Act. Stay abreast of voting rights issues in your
community. The battle over redistricting will begin soon
after the 2000 Census. Get involved! If you feel that a
change in voting practices or procedures in your
community will weaken the voting strength of minorities
contact The Department of Justice, voting rights
organizations, civil rights groups, and attorneys to
discuss the issues. Many of these organizations are
nonprofit and provide free litigation services.
What can we focus on now to expand
African American political empowerment?
There are many issues which affect African
Americans and voting rights. It is vitally important
that we participate in the 2000 Census. The
census is relevant for enforcing compliance with the
Voting Rights Act, and employment, housing, lending, and
anti-discrimination laws require accurate census
information. Related to the census is the issue of
redistricting which involves states redrawing
their congressional district lines based on the number
of members they send to the US House of Representatives.
The manner in which a district is redrawn can determine
if minority candidates can win elections in those
districts. Alternative election systems like
cumulative voting, limited voting, and choice voting
have helped minority candidates get elected in a number
of areas in the United States. Many of these systems
have been the result of voting rights lawsuits where
at-large voting systems weakened the voting strength of
minorities. Restoring the voting rights of
ex-felons is especially important given that
presently over 13% of African American males [ex-felons]
are prohibited from voting. States have made it
extremely difficult for ex-felons to regain their voting
rights. Of course other issues like voter
registration, voter education, and
turnout are vitally important to African American
political empowerment.
Fred McBride is the Southern Regional
Director for the Center for Voting and Democracy.
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