An Overview of Felony Disfranchisement

1
Breaking Barriers to the Ballot Box
An Overview of Felony Disfranchisement
2
Voting is the most fundamental right in a
democracy.
The right to vote freely for the candidate of
ones choice is of the essence of a democratic
society, and any restrictions on that right
strike at the heart of representative
government. - Reynolds v. Sims, 377 U.S.
533, 556 (1964) US.. Supreme Court Ruling
3
Felony disfranchisement strips millions of that
right.

• Laws in 48 out of 50 states prevent some or all
  people with felony convictions from voting.
• 5.3 million people in the U.S. cannot vote
  because of felony convictions.
• As the incarceration rate rises, so does the
  disfranchised population.

4
State felony disfranchisement policies.
5
Felony disfranchisement laws range widely in
scope and severity. Of the 50 states

• 2 states permanently ban all people with felony
  convictions from voting.
• 8 states permanently ban people with certain
  felony convictions from voting.
• 20 states ban all people with felony convictions
  from voting until they have completed their
  sentences (including prison, parole and
  probation).
• 5 states ban all people with felony conviction
  from voting while in prison or on parole.
• 13 states ban people with any felony convictions
  from voting while incarcerated.
• Maine and Vermont allow everyone to vote.

6
The disfranchisement policies of several states
share a history of racial prejudice.

• The 15th Amendment passed in 1870 banned
  race-based disfranchisement.
• Southern states began using criminal
  disfranchisement and other policies to rollback
  this expansion of the franchise. Though
  purportedly race-neutral, many disfranchisement
  laws were tailored to principally affect
  African-Americans.
• By the early 20th century, former Confederate
  states prohibited nearly all their black citizens
  from voting. In other states, 10 times as many
  blacks voters as white voters were barred.
• Although Congress passed the Voting Rights Act in
  1965 to reinforce the 15th Amendment, felony
  disfranchisement laws remained legal and began to
  multiply.
• 1850 35 of states had felony disfranchisement
  laws.
• 2008 95 of states have felony disfranchisement
  laws.

7
Felony disfranchisement continues to
overwhelmingly impact minorities.

• Felony disfranchisement laws prevent 1.4 million
  or 13 of all black men in the U.S. from voting.
• In 5 states that disfranchise people with felony
  convictions, 1 in 4 black men are permanently
  disfranchised.
• In New York, over 16 times as many Latino voters
  are disfranchised as white voters.

8
Breaking down felony disfranchisement myths.

• MYTH Felony disfranchisement laws
  disproportionately impact people of color because
  they commit more crimes.
• FACT Several studies have shown that law
  enforcement agencies engage in the practices of
  selective enforcement and racial profiling.
  People of color are policed, arrested, charged,
  prosecuted and convicted at considerably higher
  rates than the population at large, leading to
  the disparity in disfranchisement rates.

9
Breaking down felony disfranchisement myths.

• MYTH Restoring the vote is a partisan attempt to
  increase the power of the Democratic party.
• FACT Felony disfranchisement is a non-partisan
  issue about everyones right to vote that
  attracts support from Republicans and Democrats.
  
• As Governor of Texas, George W. Bush signed a
  bill into law eliminating the two-year waiting
  period before people who had completed their
  sentences could vote.
• Floridas permanent disfranchisement policy was
  modified in 2007 by Republican Governor Charlie
  Crist.

10
Felony disfranchisement laws are excessively
punitive.

• Many felony convictions are for relatively
  minor, nonviolent drug offenses. Denying the vote
  to people with such convictions sometimes
  permanently is unfair.

11
Poor administration of existing laws.

• Those in charge of administering felony
  disfranchisement policies are often unaware of
  them and dispense incorrect information.
• In most states, individuals with felony
  convictions do regain the right to vote at some
  point, but confusion about state law and
  eligibility hinders them from registering to
  vote, disfranchising eligible voters.

12
The United States has among the harshest felony
disfranchisement laws of any democracy.

• Democracies from Canada to Israel to South Africa
  allow everyone, prisoners included, to vote.
• In 2006, the United Nations Human Rights
  Committee called for the U.S. to restore the vote
  to people upon release from prison.

13
Few other democracies disfranchise their citizens
after completion of their sentences. In Europe,
permitting people to vote even while incarcerated
is the norm.
14
It is only fair to allow people leaving prison to
vote.

• 74 of those affected by felony
  disfranchisement laws are currently living in
  their communities, working, supporting families,
  and paying taxes.
• Yet they remain second-class citizens who do not
  have a voice in their communities.

15
Restoring the vote enhances public safety.

• People with felony convictions who vote are
• More likely to give to charity, attend school
  board meetings, volunteer and be engaged with the
  community.
• Over 50 less likely to be re-arrested

than those who do not vote.
16
Restoring the vote enhances public safety.

• Weve got record numbers of people wholl be
  coming home this year 600,000 people--thats
  over half a million people! And when weve got
  those kinds of numbers, we need to fully engage
  those people in being good citizens.
• Gwendolyn C. Chunn
• President
• American Correctional Association

17
Several prominent organizations and individuals
have expressed support for felon enfranchisement
policy reform.

• American Correctional Association
• American Probation and Parole Association
• United States Conference of Catholic Bishops
• The National Black Police Association and the
  National Latino Officers Association of America
• American Bar Association
• Two National Commissions on Federal Election
  Reform
• Presidents George W. Bush, Carter, Clinton and
  Ford
• Politicians from Sen. Arlen Specter (R-PA) to
  Gov. Charlie Crist (R-FL) to Rep. Jesse Jackson
  (D-IL)

18
The public overwhelmingly supports restoring the
voteeven for people still serving their
sentences.

• 80 believe people who have completed their
  sentences should have the right to vote.
• Over 60 believe that people on probation or
  parole should have the right to vote.

19
Momentum for reform.

• In the last decade, reforms in 17 states have
  restored the vote to over 700,000 people.

• In 1997, there were ten states that disfranchised
  people with felony convictions for life. Today
  there are only two.

20
Strategies for change.
Litigation
Legislation
Public Education and Organizing
21
The right to vote is fundamental.
For the 5.3 million Americans who still cannot
vote, as Martin Luther King, Jr. once put it, A
right delayed is a right denied.
22
Thank you for joining the ACLU in this fight.
For more information, please visit
www.democracysghosts.com www.aclu.org/righttovote