Washington Prisoners' Voting Rights Vindicated

by Chris Cassidy · 2010-01-06 11:23:00 UTC
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Should incarcerated felons be allowed to vote? The Ninth Circuit Court of Appeals answered the question yesterday in the affirmative, announcing a 2-1 decision recognizing the voting rights of convicted felons.

According to the court's majority, Washington State's felon disenfranchisement laws "cannot be explained in race-neutral ways," violating the federal Voting Rights Act. Washington has been at the forefront of felon disenfranchisement debates since last April, when the legislature passed a bill to extend convicts the right once they serve their time and are no longer on parole or probation. That legislation left in tact, however, another law that prevented current prisoners from voting.

According to The Sentencing Project, 5.3 million Americans cannot vote because of a felony conviction, resulting in roughly 13% of Black men being excluded from making their voices heard in our democracy. The disparate impact that these laws have on people of color is no coincidence; felon disenfranchisement laws are historically rooted in the Jim Crow era. It's only appropriate, then, that the Voting Rights Act -- a landmark piece of legislation intended to sweep discrimination at the ballot box into history books -- is now being successfully wielded by felons seeking to renew their commitment to society and participate in our democracy.

If the State of Washington seeks review in this case, criminal law expert Doug Berman anticipates a second review by the Ninth Circuit and, perhaps, review by the U.S. Supreme Court. While the Supreme Court avoided striking down critical voting rights legislation last term, no sane voting rights advocate would again submit the pleas of the disenfranchised to such an openly hostile court.

[Image via Ryan_Brady.]

Chris Cassidy writes on law, judicial nominations and the Constitution as they pertain to criminal justice reform and women's rights.
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