This article will be discussed in class on Thursday, Feb. 2, 2006. Read it, noting the main ideas and supporting evidence.
ELECTION LAWS
Let Felons Cast Ballots and Others Will Follow
Laws barring former prisoners from participating have ripple effects. [HOME EDITION] Los Angeles Times - Los Angeles, Calif.
Author: Sasha Abramsky Date: Oct 31, 2004
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Page: M.2 Section: Opinion; Part M; Editorial Pages Desk Document Types:
Commentary Text Word Count: 930 Document Text (Copyright (c) 2004 Los Angeles
Times)
A few years ago I asked the man who was then Florida's speaker of the House what
sense it made to keep felons who have served their sentences from ever voting in
his state. He countered by asking -- as many Americans might, I suspect --
whether giving the vote to "everyone who has two arms and two legs is the best
way to govern a democracy."
I wish he could have tagged along as Larry Turner, a state representative in
neighboring Tennessee, drove me down Memphis streets lined with housing
projects, discussing why letting freed felons vote strengthens the democratic
process.
Turner is a courtly, soft-spoken African American in his mid- 60s. He grew up at
the tail end of the Jim Crow era, knowing what it means to be ignored
politically, and he has worked for years to amend his state's
felon-disenfranchisement laws, among the nation's most restrictive.
He has had little luck.
Before the 2000 election, Tennessee was one of about a dozen states with laws
that prevented people with felony convictions from ever voting. Four years
later, it is one of seven states -- several of them key swing states -- that
have preserved these laws.
Nationally, about 5 million people are legally prohibited from voting by a
hodgepodge of state laws that disfranchise a growing pool of felons. In some
states, such as Utah, the denial of the vote lasts as long as a person is in
prison. In California and New York, parolees also cannot vote, and in Texas and
several other states neither can those on probation. In Washington and Arizona,
suffrage waiting periods are imposed after a person finishes his sentence. And
in Mississippi, Alabama, Florida, Tennessee, Kentucky, Virginia and Iowa, the
process for felons to get back the vote is so onerous that in almost all
instances they can never vote again -- unless they move to one of the 43 states
that doesn't permanently bar felons from voting.
Turner blames Tennessee's laws for crippling the democratic process in some of
the mostly black precincts he represents, where as few as 200 people vote in
some places with large felon populations, compared with 1,500 in other
precincts.
Pollsters blame Americans' retreat from participation in democracy over the last
30 years on apathy.
That might be true on New York City's Upper West Side. But Turner will tell you
that, in the poor neighborhoods he knows so well, it's the laws that keep felons
from voting that, directly or indirectly, drive down voter turnout and keep
people from getting involved.
Indirectly, the problem is this: If you can't vote, you're unlikely to encourage
your family and neighbors to vote. The millions of dollars spent to teach people
to InkaVote or find their candidate on a computer screen don't alter this basic
fact. So, in poor neighborhoods where there are often plenty of felons, fewer
legally eligible people will show up on election day to use all the expensive
new voting technology.
This ripple effect is intensified by snafus and malfeasance, and it undercuts
democracy even in places where felons have had their voting rights restored,
according to the politicians, community activists, lawyers and freed felons I've
interviewed nationwide.
In Washington state, for example, I interviewed people still denied the vote
because their crimes occurred so long ago that the Department of Corrections
couldn't locate the paperwork proving they had fulfilled their sentences. Nearly
900,000 Texans have old felony records that, in practice, stop them from
registering. Texas changed its laws in the late 1990s to allow felons who have
completed their sentences to vote, but many believe a felony conviction
disenfranchises them for life.
Experts are now looking at similar collateral effects elsewhere. In some cases,
people convicted of misdemeanors, rather than felonies, believe they cannot
vote. In others, people with felony convictions who live in states where there
are no voting restrictions have heard on the "prisoners' grapevine" that they
have lost the right to vote.
From California to Florida, I've found that correctional officials, parole
officers, fellow prisoners and parolees -- and even electoral registration
personnel -- provide incorrect or misleading information. More often,
post-prison civics lessons just don't get through.
Take Nevada: This swing state, which President Bush won in 2000, once
permanently disfranchised felons. After the election, reform- minded legislators
pushed through a bill that allowed many first- time and nonviolent felons to go
through a speeded-up vote- restoration process. But when I recently spent an
afternoon with voter registration volunteers at a music superstore in a poor
neighborhood of northwest Las Vegas, I met a dozen former prisoners who hadn't
gotten the message.
What can we do about it?
Congress can mandate universal access to the ballot for federal elections, and
it can pay to teach voting rights to ex-prisoners and the government agencies
with which they deal. And state legislators ought to push for re-enfranchisement
legislation as part of the Help America Vote Act packages being crafted in
statehouses across the country.
Proponents of tough disenfranchisement laws argue that most felons aren't the
voting type. They're wrong. And that's one reason why that Florida legislator
was also wrong. When felons participate in the Republic, faith in the system
spreads through the hardscrabble neighborhoods where it has been most badly
shaken.
Even the majority of citizens who have never broken a law in their lives must
understand why that restoration of faith is important.
Credit: Sasha Abramsky, author of "Hard Time Blues," is working on a book about
disfranchisement, to be published next year by New Press.
Reproduced with permission of the copyright owner. Further reproduction or
distribution is prohibited without permission.