CA Initiative to restore voting rights to parolees heads to November ballot

From the Sacramento Bee:

Voters will decide this November whether to restore voting rights for Californians on parole after state lawmakers approved a proposal Wednesday to place that question on the ballot.

On a 28-9 initial vote, the state Senate sent Assembly Constitutional Amendment 6 to the Nov. 3 ballot, opening a possibility for more than 40,000 formerly incarcerated residents to regain their voting ability before they finish their probationary period.

State Sen. Steven Bradford, D-Gardena, said ACA 6 would allow people on parole to reintegrate into and become a “contributing member to society.”

“People on parole are our family members, our colleagues, our neighbors, our friends,” Bradford said. “They go to work every day. They pay taxes. They do their part to successfully reintegrate themselves back into society, yet the stigma exists for them.”

According to the National Conference of State Legislatures, there’s been an emerging trend to lift voting restrictions on formerly incarcerated people, though policy shifts vary by state.

Maine and Vermont allow both parolees and currently incarcerated people to vote, while 16 states and D.C. only prohibit voting for those currently serving a sentence. Twenty-one states, including both conservative and liberal regions, revoke those rights both incarcerated people and those on parole, and may require payment of fees or fines before regranting that right. Another 11 states ban formerly incarcerated people from voting “indefinitely,” according to the conference.

“The removal of the right to vote is not based in an interest in public safety,” said Taina Vargas-Edmond, executive director of Initiate Justice, an advocacy group sponsoring the bill. “Rather, it is rooted in a punitive justice belief system that intentionally attempts to rob marginalized people of their political power.”

Dozens of other organizations — many focused on racial equity — and individuals also support the measure, including California Secretary of State Alex Padilla, a Democrat, and the American Civil Liberties Union of California.

Read the complete article here.

Iowa’s GOP governor pledges to restore voting rights to some felons

From today’s Reuters News Service:

Iowa Governor Kim Reynolds has committed to restoring voting rights to those with past felony convictions, according to a Radio Iowa report, potentially expanding the electorate in a state that could be competitive in the Nov. 3 presidential election.

Most U.S. states restrict voting for some people with felony convictions, but Iowa is the last state where felons are barred from voting even after serving their sentences, unless they successfully apply to the governor for restoration.

The rule disenfranchised 2.2% of Iowa’s voting-age population and 9.8% of African Americans in 2016, according to The Sentencing Project, a nonprofit organization that works on criminal justice.

Reynolds, a Republican, made the pledge on Tuesday, a day after she met with Black Lives Matter activists, who have held demonstrations in several Iowa cities since the death of George Floyd in police custody in Minneapolis last month.

Reynolds told reporters she was consulting with “various groups,” but would issue an executive order on voting rights for felons before the November election, Radio Iowa reported.

She did not go into detail about the terms of the order, and her office did not immediately respond to a Reuters request for comment.

Earlier this month, Reynolds signed a bill that would require felons to pay financial damages owed as part of their sentence, as well as serving their prison time, before regaining the right to vote.

A similar rule on financial obligations in Florida was struck down by a federal court last month, after voting rights groups argued it constituted a poll tax. Florida Governor Ron DeSantis, a Republican, has appealed the ruling.

Read the complete article here.

Over 1 million former felons still face hurdles after being given right to vote

From today’s ABC News Online:

It’s been more than 10 years since ​Gary Daughtry Sr., 66, had the right to vote and since he was released from prison. Previously in the state of Florida, anyone who committed a felony ​lost his or her right to vote ​and had to petition the governor to become re-enfranchised.

“I don’t think it’s fair that I had to pay my debt to society, and they won’t let me vote,” Daughtry told ABC News.

More than a decade ago, Daughtry committed grand theft in Florida, a third-degree felony. He served 16 months in prison and the court ordered him to pay an array of fees as part of his sentence, of which he still owes almost $1,000. He told ABC News he’s unable to pay because he’s disabled and cannot work, ​and he says all he wants to do is help re-elect President Donald Trump.

“I support him in every way,” Daughtry said.

Under a new state law, passed last year with the​ stated aim​ to not re-enfranchise a felon who had not completed all terms of his or her sentence, former felons are required to either pay the fees and fines that they owe or get their sentence modified in order to register to vote. The process itself is also relatively complicated so that despite some counties implementing procedures to help former felons along, advocates say it still represents a tremendous hurdle to enfranchisement.

Read the complete article here.

Florida loses appeals court ruling on felon voting law ahead of 2020 elections

From Politico News:

A legal and political battle over voting rights in Florida reached another milestone on Wednesday when a federal appeals court ruled that a law limiting the voting rights of people with felony convictions was unconstitutional.

Delivering a defeat to Gov. Ron DeSantis and the Republican-controlled Florida Legislature, the 11th Circuit Court of Appeals in Atlanta upheld a lower court decision that found the state could not deny ex-felons the right to vote just because they can’t afford to pay outstanding court fines, fees and restitution, as required by the 2019 law.

“These plaintiffs are punished more harshly than those who committed precisely the same crime — by having their right to vote taken from them likely for their entire lives,” states the ruling issued by a three-judge panel. “And this punishment is linked not to their culpability, but rather to the exogenous fact of their wealth.”

It’s not clear if the legal battle will get resolved ahead of this year’s presidential election in the battleground state, which could decide whether President Donald Trump wins a second term.

DeSantis spokesperson Helen Aguirre Ferré said the governor’s office disagreed with the ruling and will seek a review from the full court.

In October, U.S. District Judge Robert Hinkle issued a preliminary injunction against the law, a move that applied to only the 17 people who had challenged it in court. That lawsuit, brought by a coalition of left-leaning and civil rights groups, along with people with felony convictions, is scheduled for a non-jury trial in April.

“This is a great win for voting rights,” said Myrna Pérez, director of the Voting Rights and Elections program at the Brennan Center for Justice. “The 11th circuit told the state of Florida what the rest of America already knows. You can’t condition the right to vote on a person’s wealth.”

Read the complete article here.

WA state Senate Democrats advance bill to restore felons’ voting rights faster

From today’s Tacoma News Tribune:

A bill that would make about 9,000 felons eligible to vote is moving ahead in the Washington state Legislature, as Democratic senators vow to expand democracy by removing a barrier they say is rooted in systemic racism.

Senate Bill 6228 would make felons automatically eligible to vote once they are released from state prison. Under current law, they are eligible once they have completed community custody — formerly known as probation — and that can take several years.

“The very essence of community custody is to get people back on the right track, to reintegrate them into society and to reduce the chances of re-offending,” said the bill’s sponsor, state Sen. Patty Kuderer, a Bellevue Democrat. “Restoring the right to vote and the right to participate in our democracy is an important tool for that reintegration process.”

Stressing that her bill addresses a “major equality and social justice issue,” Kuderer said blacks and Native Americans are overly represented in the criminal justice system. As a result, they are “disproportionately stripped of their voting rights, diminishing their representation,” she said.

A Senate committee on Friday approved the bill, putting it one step closer to a vote by the Democratic-controlled Senate. If it becomes law, the measure would take effect in 2021.

Read the complete article here.

Florida Faces Rocky Rollout To Restore Voting Rights For Convicted Felons

From NPR News Online:

Florida passed an amendment in 2018, promising to restore voting rights for over a million Floridians with felony convictions. But that hope turned to confusion soon after.

The state Legislature followed up with a law clarifying that in order to get their voting rights back, felons needed to pay off all fines and fees related to their convictions. Hundreds of millions of dollars in fines are owed across the state, including $278 million in Miami-Dade County alone.

But the same law also offers a way out. It allows the courts to modify the original criminal sentences to “no longer require completion” of things that were originally required. Under that law, money owed can be waived or lowered, and other requirements like community service hours can be reduced.

Now, the implementation is playing out in very different — and partisan — ways across the state.In counties under Democratic control, more people are getting their voting rights back. And in counties under Republican control, many potential voters are missing out.

Out of the four counties across the state that have launched similar programs, every one of them is Democratic-leaning. Those include Miami-Dade, Broward, Palm Beach and Hillsborough counties, which together include more than a third of the state’s total population. All of those counties voted for Democrat Hillary Clinton in the 2016 presidential election and for Democrat Andrew Gillum in the 2018 governor’s race.

There is no corollary for Republican-leaning counties.

Read the complete article here.

Kentucky governor restores former felons’ voting rights

From CNN Online:

Newly sworn-in Kentucky Gov. Andy Beshear restored voting rights for over 140,000 former felons in the state through an executive order, his office announced Thursday.

“My faith teaches me to treat others with dignity and respect. My faith also teaches forgiveness and that is why I am restoring voting rights to over one hundred forty thousand Kentuckians who have done wrong in the past, but are doing right now,” Beshear, a Democrat, said in a statement. “I want to lift up all of our families and I believe we have a moral responsibility to protect and expand the right to vote.”

Beshear also lamented the state’s voter access issues, asserting that Kentucky has the third highest voter disenfranchisement rate nationwide with nearly 10% of people, and nearly 25% of African-Americans, in the state not being allowed to vote.

The move fulfills a campaign promise after Beshear’s upset victory over former Republican Gov. Matt Bevin in November. It was a key point in Beshear’s platform of progressive issues, including making Medicaid more accessible and replacing Bevin’s state board of education.

The order states that more than 140,000 Kentuckians were unable to vote despite completing their prison terms for non-violent felonies, and that Kentucky was one of two states that did not automatically restore voting rights to former felons. The order does not apply to those incarcerated for treason, bribery in an election and many violent offenses.

Read the complete article here.

‘A Proud Day’: Ex-Felons Clear Final Hurdle to Vote In Florida

From today’s New York Times:

One by one, they came before the judge in Miami, confident that in a few moments they would get a precious document clearing the way for them to get the right to vote.

The signed court order confirmed that, for the purposes of voter registration, they did not owe any court fines, fees or costs from their past felony convictions. The 18 people on the docket, some of them previously disenfranchised for decades, were clearing the final hurdle imposed by the state of Florida to restore their voting eligibility.

The packed courtroom burst into applause when Judge Nushin G. Sayfie told Carmen Brown, the first person called to the lectern, that she was granting her motion. Ms. Brown, 64, had served time for multiple felony convictions, including armed robbery with a deadly weapon. She put her hands to her mouth as tears welled in her eyes.

“Thank you so much,” she said through sniffles. “Thank you, your honor.”

A year ago, Florida voters overwhelmingly approved a ballot measure known as Amendment 4, restoring the voting rights of up to 1.5 million people with felony records. But earlier this year, the Republican-controlled State Legislature imposed restrictions requiring former felons — some of whom prefer to be called “returning citizens” — to first pay back outstanding legal financial obligations. In some cases, those amount to tens of thousands of dollars.

Read the complete article here.

Beshear’s gubernatorial win in KY is also a win for ex-felon voting rights

From today’s Vox News:

In November 2015, then-Gov. Steve Beshear (D) signed an executive order restoring the voting rights of more than 100,000 people with felony records in Kentucky. But in December of that year, Beshear’s successor, Gov. Matt Bevin (R), undid the executive order — just as easily taking away from ex-felons what the former governor had given them.

On Tuesday, though, Bevin lost his reelection bid to Democrat Andy Beshear, the former governor’s son. And the new governor-elect is poised to sign another executive order that restores voting rights to at least some people with felony records after they’ve served their sentences — potentially increasing the voter rolls by more than 100,000.

Kentucky has one of the strictest laws disenfranchising people with felony records, banning ex-felons from voting for life — unless they get a special reprieve from the state government — even after they finish serving out their prison sentences, parole, or probation. It is only one of two states, along with Iowa, with such a strict lifetime ban.

Read the complete article here.

Nevada governor signs bill to restore voting rights to convicted felons

From today’s The Hill:

Nevada Gov. Steve Sisolak (D) on Wednesday signed into law a pair of criminal justice reform bills, including one that restores voting rights to convicted felons following their release from prison. 

“I just signed two criminal justice reform bills that will restore fairness and justice to thousands of Nevadans,” Sisolak said on Twitter following the signing. “I’m so excited about the positive impact these bills will have on our communities, especially communities of color.”

The first measure Sisolak signed, known as Assembly Bill 431, immediately grants the right to vote to felons released from prison or discharged from parole or probation. The law will replace one that granted certain felons the right to vote two years after their prison release, The Associated Press noted

Sisolak said the legislation, which is set to go into effect on July 1, will re-enfranchise about 77,000 state residents. 

The other measure Sisolak signed into law will streamline the process for sealing low-level marijuana convictions. The AP reported that the law allows a person to ask a court to seal records for any offense that has since been decriminalized. 

Read the complete article here.