Comments on: Felon voting rights issue back at Court

By: Election Law

Election Law — Mon, 26 Sep 2005 22:08:52 +0000

Supreme Court Election Law Preview

The Supreme Court currently has no oral arguments scheduled in election law cases, but that could soon change. At least four significant cases are working their way toward consideration by the Court. Here is a summary and some predictions: Vermont…

By: Election Law

Election Law — Mon, 26 Sep 2005 20:51:12 +0000

Supreme Court Election Law Preview

By: Dan

Dan — Thu, 22 Sep 2005 17:37:17 +0000

Convicted felons pass through three stages in the criminal justice system before their sentence is completed: prison, parole, and probation. Some states (AL, FL, KY, VA) deny them the vote even after completing the last stage (i.e. permanently), some (ME & VA) allow them to vote throughout the entire process, and other states take away their vote when they are convicted but give it back after the first, second, or third stage. There's a map here, although it's not entirely up-to-date (e.g. it still has Iowa as a state with permanent disenfranchisement). There are also a couple extra wrinkles. Some states have different policies for different felonies, some states reinstate the right to vote a fixed amount of time after completing a stage, and in some states felons at certain stages can petition to get their voting rights back even though they are not automatically re-enfranchised.

By: Eddie Ellis

Eddie Ellis — Fri, 26 Aug 2005 21:38:48 +0000

Unless and until a felony conviction is a bar to U.S. citizenship, it should follow that such a conviction never bars people from voting. People with felony convictions are considered citizens in all other respects and are allowed the vote in Maine, Vermont and Canada, even while incarcerated.

By: Eh Nonymous

Eh Nonymous — Fri, 19 Aug 2005 16:34:50 +0000

oh will eke (is that one name, or three?) is right, I believe.

In Pennsylvania, for example, you can vote at any time at all (even while in prison awaiting trial) except while _actually serving time in prison_ for a felony. That is, pre-felons, post-felons, early-released felons, unadjudicated felons, these folks can all vote.

I would think that once you are convicted and sentenced, even if appeals are pending, your vote might rationally be put on hold. But otherwise, removal of voting rights draws fairly serious scrutiny- or should.

By: ohwilleke

ohwilleke — Thu, 18 Aug 2005 21:08:50 +0000

The only states that disenfranchise everyone convicted of a felony for life are Florida, Kentucky, Alabama and Virginia.

By: Kent Scheidegger

Kent Scheidegger — Thu, 18 Aug 2005 20:47:26 +0000

I’m not sure how Anon judges what the argument “for the most part” is, but the Brennan Center did in fact file in support of the currently incarcerated Muntaqim, in opposition to the New York law
http://www.brennancenter.org/programs/dem_vr_lit_muntaqim.html

Whether a person convicted of a felony who has completed his sentence but has not been pardoned is properly referred to as a “felon” or an “ex-felon” is a semantic issue on which there is considerable disagreement.

By: Anon

Anon — Thu, 18 Aug 2005 18:14:18 +0000

The phrase “felon” voting rights is a bit of a misnomer. The Voting Rights community, including folks at the Brennan Center are now referring to this movement as “felony” disfranchisement. For the most part, the argument is not that felons should be able to vote. Rather they are advocating that ex-felons- individuals who have served their time and are contributing members of society- should be allowed to vote.

By: Kent Scheidegger

Kent Scheidegger — Thu, 18 Aug 2005 03:46:30 +0000

The reference to Maine and Vermont in Lyle’s post appears to refer to states that allow felons to vote even while they are in prison. Darren is correct that other states disenfranchise felons during their sentence but restore the right to vote upon completion. The New York law at issue in Muntaqim is of this type.

It’s an important difference. With the lifetime laws, I can at least see the argument, although I think the question is ultimately for the legislature to decide. How anyone can argue with a straight face that a convicted murderer has a constitutional or civil right to vote while still in prison just astonishes me.

Here is an amicus brief in the Muntaqim case, filed on behalf of the widow and daughters of the police officer murdered by Muntaqim, along with the Criminal Justice Legal Foundation (my organization) and the Center for Equal Opportunity. http://www.cjlf.org/briefs/Muntaqim.pdf

By: Darren Bedwell

Darren Bedwell — Wed, 17 Aug 2005 19:24:42 +0000

Indiana allows convicted felons to vote, except while they are actually incarcerated. See Ind. Code 3-7-13-4 through 3-7-13-9.

By: Election Law

Election Law — Wed, 17 Aug 2005 00:49:22 +0000

Petition for Cert Filed in Florida Felon Disenfranchisement Case: WWRD (What Would Roberts Do)?

Lyle Denniston (of SCOTUSBLOG) offers this useful post on the status of Johnson v. Bush (upholding Florida’s felon disenfranchisment law against constitutional and Voting Rights Act section 2 challenges) and similar cases in the Second and Ninth Circui…