Ex-Cons and Voting Rights

[Ivy2Love]

Originally posted by smlwonderdst
I don't think they are informed of the fact that they can fill out paperwork and have their voting rights restored. I just found out this past June. They have to be educated to this fact. Now once they find this information out, its up to them to make it happen.

This is a HUGE issue in Florida, and the subject of at least two lawsuits, one federal and one state. Florida is one of six states that bars former felons from voting. Those who want restoration must apply for clemency. In most cases, felons must appear before the Clemency Board (the governor and Cabinet), which decides who gets their rights back.

The Brennan Center in New York sued the state in federal court, alleging that the constitution deliberately disenfranchises felons, who disproportionately are black and male. The figure is nearly half a million who are permanently with out their voting rights.

The ACLU filed a separate suit in state court, saying the corrections system did not inform inmates that they could file their clemency request paperwork prior to their release. The ACLU earlier accused Gov. Bush of making the process difficult in an attempt to prevent black men from being able to vote.

Both of these cases have to go to trial. Who knows the outcome, but this is a huge issue with activists and groups that represent ex-felons.

Originally posted by ladygreek
The funny thing is that the law currently states that felons are to get their voting rights restored once the have completed their sentence. The problem is most ex-felons don't know this and no one tells them so they don't go through the procedure (simple paperwork) to have them restored. And we know who this impacts the most....

A law recently passed in Ohio states that as long as felons are not currently incarcerated in jail/prison, they can vote. So, if they are on Probation and/or Parole, they now have the right to vote, even though they are technically still serving their sentence.

I work for the Probation Dept. and a lot of the felons on Probation have no idea they have the right to vote. We have the law posted all over our department, and we have voter registration cards on several tables throughout our offices.

It's sad that felons are not being informed about this law in Ohio. There are a few other States that have a similar law, but I'm not sure which ones.

[RBL]

Originally posted by ladygreek
The funny thing is that the law currently states that felons are to get their voting rights restored once the have completed their sentence. The problem is most ex-felons don't know this and no one tells them so they don't go through the procedure (simple paperwork) to have them restored. And we know who this impacts the most.

That is why folx involved in Get Out the Vote activities are asked to put an emphasis on educating ex-felons about this, helping them with the process,and then getting them registered.

That is so true. I re-registered 3 ex-felons last month. One of them said to me that he didn't know he could vote EVER again. I beleive the rules may differ for each state but in NC they just need to re-register.

But to answer the question of the poster.. YES their right to vote should be automatically restored if they were registered prior to their conviction..

[ladygreek]

Originally posted by RBL
That is so true. I re-registered 3 ex-felons last month. One of them said to me that he didn't know he could vote EVER again. I beleive the rules may differ for each state but in NC they just need to re-register.

But to answer the question of the poster.. YES their right to vote should be automatically restored if they were registered prior to their conviction..

GOOD FOR YOU! Yeah it varies by state but most have to just send a letter asking for their rights to be restored and others just have to re-register. The sad thing is the ex-felons aren't told this, and like you said most think they have lost the right forever. And the states and penal systems aren't going to tell them otherwise.

The ACLU has a national voting rights project that is addressing this nationally by getting all of us affiliates involved in our local areas.

[James]

How can it vary state by state for a National election though?

Is there a federal statute discussing this? I didn't thinka state law could supersede federal law, and in the absence of a Law stating that felons can't vote, wouldn't the constitution take precedence?

[abaici]

Originally posted by Love_Spell_6
but people that are ex-felons aren't marching in the streets to get the right restored. I think if they made it a big issue..it would get more attention..

Right, because ex-cons have the ear of every politician and American. ???

@ James, what article of the Constitution addresses the revocation of voting rights of convicted felons?

[abaici]

Originally posted by abaici
Right, because ex-cons have the ear of every politician and American. ???

@ James, what article of the Constitution addresses the revocation of voting rights of convicted felons?

ETA: @ James, never mind...I know.

[ladygreek]

Originally posted by James
How can it vary state by state for a National election though?

Is there a federal statute discussing this? I didn't thinka state law could supersede federal law, and in the absence of a Law stating that felons can't vote, wouldn't the constitution take precedence?

I meant the process for restoration varies from state to state. Some states try to make it more difficult than others.

[ladygreek]

Originally posted by Ivy2Love
This is a HUGE issue in Florida, and the subject of at least two lawsuits, one federal and one state. Florida is one of six states that bars former felons from voting. Those who want restoration must apply for clemency. In most cases, felons must appear before the Clemency Board (the governor and Cabinet), which decides who gets their rights back.

The Brennan Center in New York sued the state in federal court, alleging that the constitution deliberately disenfranchises felons, who disproportionately are black and male. The figure is nearly half a million who are permanently with out their voting rights.

The ACLU filed a separate suit in state court, saying the corrections system did not inform inmates that they could file their clemency request paperwork prior to their release. The ACLU earlier accused Gov. Bush of making the process difficult in an attempt to prevent black men from being able to vote.

Both of these cases have to go to trial. Who knows the outcome, but this is a huge issue with activists and groups that represent ex-felons.

Result of ACLU v. Florida:

http://www.aclu.org/VotingRights/Vot...list.cfm?c=167

[Ivy2Love]

Originally posted by ladygreek
Result of ACLU v. Florida:

http://www.aclu.org/VotingRights/Vot...list.cfm?c=167

I missed this turn of events. Thank you for posting this. Hopefully people will get the help they are supposed to get in this state.

Originally posted by James
How can it vary state by state for a National election though?

Is there a federal statute discussing this? I didn't thinka state law could supersede federal law, and in the absence of a Law stating that felons can't vote, wouldn't the constitution take precedence?

That federal law would be the Fifthteenth Amendment, which simply states that "the right of citizens of the U.S. to vote shall not be denied on account of race, color...."

As long as states follow this, they are allowed to add any stipulations. It's a method of bounded discretion, which states that they can interpret a law as they see fit, as long as they follow precedence of the higher court/law.

[Kimmie1913]

Originally posted by James
How can it vary state by state for a National election though?

Is there a federal statute discussing this? I didn't thinka state law could supersede federal law, and in the absence of a Law stating that felons can't vote, wouldn't the constitution take precedence?

Federal law dictates some of how elections are to be run and who may vote but in large part the registration process is left to states. Whether or not convicted felons or ex-felons may vote is determined at the state level and varies greatly throughout the country.

The same goes for the registration process and time frames. As long as the process is not discriminatory, the states can act as they see fit.

These things are seen as being consistent with federal law, not in conflict with it.