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CRITICAL THINKING PAPER RE-WRITE: EX-FELON

DISENFRANCHISEMENT
Elizabeth Cove
CAP 9
Green Group
May 5, 2014











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In many states, felons who have completed their sentence are denied the right to vote,
which correlates with higher rates of recidivism and disproportionally disenfranchises ex-felons.
The United States Congress should grant all felons who successfully complete their terms of
incarceration and parole the right to vote in federal elections because the ex-felons have paid
their debt to society, and granting ex-felons the right to vote would increase the diversity in the
voting population and restore dignity and a sense of community to the ex-felons. Laws barring
voting rights from ex-felons who have completed their sentence can be used for deliberate
political advantage. The United States is a democracy, where individual participation is a
necessity, yet ex-felons are denied the right to participate, even after ex-felons complete their
terms of incarceration and parole.
Felonies may be penalized by prison time, and the forfeiture of a right or a privilege, such
as the right to vote in this case. Both state and federal law govern voting rights. State laws
dictate voting eligibility in statewide elections while constitutional amendments and federal
legislation set parameters to determine eligibility for national elections. (Kramer) The Fifteenth
Amendment to the United States Constitution states "the right of United States citizens to vote
shall not be denied or abridged by the United States or by any state on account of race, color, or
previous condition of servitude." As long as they do not violate the United States Constitution,
states may set additional requirements regarding voter eligibility. As a result, there exists a
variety of state laws governing ex-felon eligibility.
Almost all states place some type of restriction on voting for felons. Vermont and Maine
are the only two states that allow felons to vote, even while incarcerated. Thirteen states and
Washington D.C. only bar felons from casting ballots while imprisoned, and twenty five states
let felons vote once they have completed their sentences including their probation or parole.
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Nebraska requires a two-year waiting period before the felons can register to vote. The
remaining ten states have much stricter laws, some such as Virginia and Kentucky barring felons
from ever voting again (Grovum). Of the remaining ten states, most allow the governor to
restore voting rights, but that power is used in varying degrees across states and administrations.
(Grovum) In a speech before a civil rights conference on the morning of February 11, 2014,
Attorney General Eric Holder Jr. urged state lawmakers to repeal state laws that disenfranchise
people who have served their time, saying the current laws defy the principles - of
accountability and rehabilitation that guide our criminal justice policies. (The New York
Times) Despite some progress, many states still allow lifetime voting bans for ex-felons.
Disenfranchisement laws are estimated to disenfranchise 5.8 million Americans, and
disproportionally affect minority communities. (Swanson) According to a 2010 study published
by Jeff Manza and Christopher Uggen on the political ramifications of felony disenfranchisement
in the United States, 1 in every 13 African Americans of voting age is disenfranchised, a rate
more than four times greater than non-African Americans. Nearly 7.7 percent of the adult
African American population is disenfranchised compared to an insignificant 1.8 percent of the
non-African American population. (www.sentencingproject.org) Among the three states that
have the harshest ex-felon disenfranchisement laws, more than one in five African Americans are
disenfranchised. In the infamous 2000 presidential election between George W. Bush and Al
Gore, Bush won the popular vote in the state by a mere 537 ballots, while an estimated five
hundred thousand ex-felons in Florida who had completed their sentences were not allowed to
vote. According to the 2000 United States Census, Blacks, who at that time compromised only
12.9 percent of the entire U.S. population, made up around forty percent of those taken off the
ballots. (www.census.gov) Looking at past voting records, John Lantigua of the Miami Herald
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calculated that, had they been eligible, roughly 10 percent of Florida's former prisoners would
have cast ballots in the November 2000 election. Lantigua estimates that twenty thousand
former inmates would have voted, and that based on racial and economic factors, about seventy
five percent of them would have voted for Al Gore, which would have easily surpassed the
margin of Bushs victory and therefore changed the election. Denying ex-felons the right to vote
will not directly cause ex-felons to re-offend, but granting ex-felons the right to vote does
correlate with lower rates of recidivism. According to a 2011 report by The Florida Parole
Commission, a state governmental organization, the overall three-year recidivism rate based on
all released inmates was 33.1 percent, while the recidivism rate for released prisoners who were
granted the right to vote, stood at 11 percent. (www.thecrimereport.org) The practice of
disenfranchising ex-felons appears to be more of a strategy of electoral suppression than a form
of punishment for the felon. While all felons are treated the same regardless of race, the
disproportionate percentage of imprisoned blacks is used for political advantage.
Each individual state has their own specific law regarding ex-felon voting rights. States
define criminal offenses differently as well. For example, in Idaho, writing a bad check or a
series of bad checks totaling $250 or more is a felony. In California, writing a bad check will
land someone in a counseling program, and if he/she makes good on the funds, nothing goes on
their record. So an Idaho resident convicted of writing a bad check could be barred from voting
in Florida, while a person who committed the same offense in California would be allowed to
vote in Florida. On the other hand, a person convicted of a felony in Florida could move to a
state such as Ohio and be eligible to vote, because Ohio does not impose restrictions of any kind
except for incarcerated felons. Ex-felons that commit the same crime should be treated equally
regardless of the state in which they live.
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The United States Congress passed the Help America Vote Act of 2002 (HAVA), to
make sweeping reforms to the nations voting process. (www.eac.gov) HAVA addresses needed
improvements to voting systems and voting access that were identified following the 2000
presidential election. HAVA institutes new obligatory minimum standards for states to follow in
several key areas in election administration, such as provisional voting, statewide voter
registration databases, and voter identification procedures. The Help America Vote Act was a
step in the right direction for voting equality. Although the approval of the Help America Vote
Act has no direct correlation to granting all ex-felons voting rights, it can help pave a path for
legislative action in both Congress and statehouses around the country. (Grovum)
The United States Constitution restores most rights to the ex-felons except for the right to
vote, the right to bear firearms, and a few other rights. Ex-felons and felons comprise the
majority of American adult citizens that are denied the right to vote. Granting ex-felons the right
to vote would increase diversity in the voting population. Disenfranchising ex-felons
disproportionally affects minority communities, especially African American. In a personal
interview on March 29, 2014, Maryland State Senator and constitutional law professor Jamie
Raskin articulated the fact that, Democracy thrives on universal participation, so the United
States cannot exclude such a significant population from the practice of voting. State laws that
disenfranchise ex-felons defy the principle of rehabilitation with respect to the ex-felons past
lifestyle.
At present, each state is given the authority to individualize its law about ex-felon voting
rights as long as it abides by the Fifteenth Amendment of the United States Constitution. One
possible solution to ex-felon disenfranchisement could be that each state expunges all
disenfranchisement laws for both statewide and federal elections. This solution is not very
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practical, because there are fifty states and each state that has not already addressed this would
have to propose a new provision to its previous law, and the law would have to be debated and
approved by the state legislature. One challenge is that there are many variables that influence
the outcome of a legislature debate. To pass the same law across fifty states would be a
monumental feat. Not only is this solution unlikely because of the potential roadblocks, it would
also be inefficient and time-consuming. A different solution would be for the federal judiciary to
reassess the parameters of the Fifteenth Amendment, and establish new limitations that would
not grant States the power to individualize their laws about ex-felon disenfranchisement. This
solution is unlikely as well, because it would take a long time and cost a lot for the trials and
appeals to be heard. It would utilize many court resources. Furthermore, it is not clear the current
structure of the federal judiciary would support an undertaking of such magnitude. Even though
the other solutions are possible, the ideal solution would be for the United States Congress to
propose a stand-alone bill that requires all states to grant ex-felons who have completed their
term of incarceration and parole the right to vote in federal elections. Senator Ben Cardin of
Maryland has proposed such a bill. The Democracy Restoration Act is federal legislation that
seeks to restore voting rights in federal elections to the disenfranchised Americans who have
been released from prison and are living in the community, but are still denied the right to vote.
(www.brennancenter.org) This solution offers a quicker, more efficient, and more focused
approach to fixing the problem of disenfranchised ex-felons.
If the United States Congress continues to not take action, millions of ex-felons who have
completed their term of incarceration and parole will be denied their right to vote, the same right
that allows democracy to flourish. Disenfranchisement laws disproportionally disenfranchise
minorities, which results in an undue influence of the racial majority in the elections. Beyond
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punishing the ex-felons, restricting voter eligibility is used as a political strategy.
Disenfranchisement laws prove to correlate with higher rates of recidivism. To alleviate ex-felon
disenfranchisement, the United States Congress must pass a bill that requires all states to grant
ex-felons who have completed their term of incarceration and parole the right to vote in federal
elections.
















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Works Cited
Amar, Akhil Reed, et al. "The Supreme Court 2007 Term: Harvard Law Review."
JSTOR. N.p., n.d. Web. 28 Mar. 2014. <http://www.jstor.org/stable/
40042818>.
Brennan Center for Justice. N.p., 10 Apr. 2014. Web. 4 May 2014.
<http://www.brennancenter.org/legislation/democracy-restoration-act>.
Cholbi, Michael J. Law and Philosophy. N.p.: Springer, 2002. Vol. 21 of A
Felon's Right to Vote. JSTOR. Web. 24 Feb. 2014.
Clarke, Peter. "What is a Felony?" Legal Match. N.p., n.d. Web. 28 Mar. 2014.
<http://www.legalmatch.com/law-library/article/what-is-a-felony.html>.
"Felon Disenfranchisement." FairVote: The Center for Voting Democracy. N.p.,
n.d. Web. 30 Mar. 2014. <http://fairvote.org>.
Frazier, Mansfield. "A Solution to Recidivism: Let Ex-Offenders Vote." The Crime
Report. N.p., 9 Aug. 2011. Web. 4 May 2014.
<http://www.thecrimereport.org/viewpoints>.
Gaines, Patrice. "Former Felons Face Uphill Battle to Regain Voting Rights."
Points of View. N.p., n.d. Web. 28 Mar. 2014.
<http://web.b.ebscohost.com/pov>.
Goad, Benjamin. "Paul drafts bill to restore voting rights for ex-cons." The
Hill 11 Feb. 2014: n. pag. Print.
Grovum, Jake. "Voting Rights for Felons on the Table." Points of View. N.p., 21
Feb. 2014. Web. 28 Mar. 2014. <http://www.pewstates.org/projects/
stateline>.
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Hull, Elizabeth. "FLORIDA'S FORMER FELONS." Points of View. N.p., 14 June 2002.
Web. 29 Mar. 2014. <http://web.a.ebscohost.com/pov>.
Kramer, Otis, and Heather Newton. "Point: Convicted Felons Should Not be Given
the Right to Vote." Points of View. Lakeside Publishing Group, LLC, n.d.
Web. 28 Mar. 2014. <http://web.b.ebscohost.com/pov>.
McKinnon, Jesse. "The Black Population: 2000." Aug. 2001. PDF file.
Raskin, Jamie. Personal interview. 29 Mar. 2014.
Richie, Rob. Personal interview. 30 Mar. 2014.
Swanson, Emily. "Even Felons Shouldn't Lose Right To Vote Forever, Americans
Say." Huffington Post 19 Feb. 2014: n. pag. Huffington Post. Web. 29 Mar.
2014. <http://www.huffingtonpost.com>.
Thompson, Nicholas. "Locking Up The Vote." Washington Monthly Feb. 2001: n. pag.
Points of View. Web. 24 Feb. 2014.
Will, George F. "Give Ballots To Felons?" Newsweek 14 Mar. 2005: n. pag.
Points of View. Web. 24 Feb. 2014.








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Annotated Bibliography
Amar, Akhil Reed, et al. "The Supreme Court 2007 Term: Harvard Law Review."
JSTOR. N.p., n.d. Web. 28 Mar. 2014. <http://www.jstor.org/stable/
40042818>. This law review presents useful information on multiple court cases regarding
felon disenfranchisement.
Brennan Center for Justice. N.p., 10 Apr. 2014. Web. 4 May 2014.
<http://www.brennancenter.org/legislation/democracy-restoration-act>. This law review
explains the Democracy Restoration Act.
Cholbi, Michael J. Law and Philosophy. N.p.: Springer, 2002. Vol. 21 of A
Felon's Right to Vote. JSTOR. Web. 24 Feb. 2014. This law review provides insight on how
one would go about proposing a law that could give ex-felons the right to vote.
Clarke, Peter. "What is a Felony?" Legal Match. N.p., n.d. Web. 28 Mar. 2014.
<http://www.legalmatch.com/law-library/article/what-is-a-felony.html>. This article defines a
felony, and provides examples of felonies versus misdemeanors.
"Felon Disenfranchisement." FairVote: The Center for Voting Democracy. N.p.,
n.d. Web. 30 Mar. 2014. <http://fairvote.org>. This website allows the reader to gage a basic
understanding of felon disenfranchisement laws.
Frazier, Mansfield. "A Solution to Recidivism: Let Ex-Offenders Vote." The Crime
Report. N.p., 9 Aug. 2011. Web. 4 May 2014.
<http://www.thecrimereport.org/viewpoints>. This article explained the Florida Parole
Commission study.
Gaines, Patrice. "Former Felons Face Uphill Battle to Regain Voting Rights."
Points of View. N.p., n.d. Web. 28 Mar. 2014.
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<http://web.b.ebscohost.com/pov>. This article explores the challenges ex-felons are faced
with just to be able to vote.
Goad, Benjamin. "Paul drafts bill to restore voting rights for ex-cons." The
Hill 11 Feb. 2014: n. pag. Print. This article described the Civil Rights Voting Restoration
Act.
Grovum, Jake. "Voting Rights for Felons on the Table." Points of View. N.p., 21
Feb. 2014. Web. 28 Mar. 2014. <http://www.pewstates.org/projects/
stateline>. This article provided statistics on specific state ex-felon disenfranchisement laws.
Hull, Elizabeth. "FLORIDA'S FORMER FELONS." Points of View. N.p., 14 June 2002.
Web. 29 Mar. 2014. <http://web.a.ebscohost.com/pov>. This article explained the
controversial aspect of the 2000 presidential election.
Kramer, Otis, and Heather Newton. "Point: Convicted Felons Should Not be Given
the Right to Vote." Points of View. Lakeside Publishing Group, LLC, n.d.
Web. 28 Mar. 2014. <http://web.b.ebscohost.com/pov>. This article provides prospective
from the opposite point of view than all the other articles.
McKinnon, Jesse. "The Black Population: 2000." Aug. 2001. PDF file. This file informed me
about the 2000 United States Census.
Raskin, Jamie. Personal interview. 29 Mar. 2014. This personal interview provided specific
detail regarding the Maryland law that granted ex-felons the right to vote.
Richie, Rob. Personal interview. 30 Mar. 2014. This personal interview explored possible
remedies to ex-felon disenfranchisement.
Swanson, Emily. "Even Felons Shouldn't Lose Right To Vote Forever, Americans
Say." Huffington Post 19 Feb. 2014: n. pag. Huffington Post. Web. 29 Mar.
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2014. <http://www.huffingtonpost.com>. This article explained reasons for ex-felons to not
lose their right to vote forever.
Thompson, Nicholas. "Locking Up The Vote." Washington Monthly Feb. 2001: n. pag.
Points of View. Web. 24 Feb. 2014. This article described the account of a specific ex-felon
who had to overcome many obstacles to finally be able to vote.
Will, George F. "Give Ballots To Felons?" Newsweek 14 Mar. 2005: n. pag.
Points of View. Web. 24 Feb. 2014. This article provides racial statistics about felons, and
how different races impact the elections.