A Plea to End Felon Disenfranchisement

George Will writes at WP:

What compelling government interest is served by felon disenfranchisement? Enhanced public safety? How? Is it to fine-tune the quality of the electorate? This is not a legitimate government objective for elected officials to pursue. A felony conviction is an indelible stain: What intelligent purpose is served by reminding felons — who really do not require reminding — of their past, and by advertising it to their community? The rule of law requires punishments, but it is not served by punishments that never end and that perpetuate a social stigma and a sense of never fully reentering the community.

Meade, like one-third of the 4.7 million current citizens nationwide who have reentered society from prison but cannot vote, is an African American. More than 1 in 13 African Americans nationally are similarly disenfranchised, as are 1 in 5 of Florida’s African American adults. Because African Americans overwhelmingly vote Democratic, ending the disenfranchisement of felons could become yet another debate swamped by partisanship, particularly in Florida, the largest swing state, where close elections are common: Republican Gov. Rick Scott’s margins of victory in 2010 and 2014 were 1.2 and 1.1 percent, respectively. And remember the 537 Florida votes that made George W. Bush president.

Felon Disenfranchisement

From the Sentencing Project:

In this election year, the question of voting restrictions is once again receiving great public attention. This report is intended to update and expand our previous work on the scope and distribution of felony disenfranchisement in the United States (see Uggen, Shannon, and Manza 2012; Uggen and Manza 2002; Manza and Uggen 2006). The numbers presented here represent our best assessment of the state of felony disenfranchisement as of the November 2016 election.

Our key findings include the following:

• As of 2016, an estimated 6.1 million people are disenfranchised due to a felony conviction, a figure that has escalated dramatically in recent decades as the population under criminal justice supervision has increased. There were an estimated 1.17 million people disenfranchised in 1976, 3.34 million in 1996, and 5.85 million in 2010.

• Approximately 2.5 percent of the total U.S. voting age population – 1 of every 40 adults – is disenfranchised due to a current or previous felony conviction.

• Individuals who have completed their sentences in the twelve states that disenfranchise people post-sentence make up over 50 percent of the entire disenfranchised population, totaling almost 3.1 million people.

• Rates of disenfranchisement vary dramatically by state due to broad variations in voting prohibitions. In six states – Alabama, Florida, Kentucky, Mississippi, Tennessee, and Virginia – more than 7 percent of the adult population is disenfranchised.

• The state of Florida alone accounts for more than a quarter (27 percent) of the disenfranchised population nationally, and its nearly 1.5 million individuals disenfranchised post-sentence account for nearly half (48 percent) of the national total.

• Onein 13 African Americans of voting ageis disenfranchised, a rate morethan four times greater than that of non-African Americans. Over 7.4 percent of the adult African American population is disenfranchised compared to 1.8 percent of the non-African American population.

• African American disenfranchisement rates also vary significantly by state. In four states – Florida (21 percent), Kentucky (26 percent), Tennessee (21 percent), and Virginia (22 percent) – more than one in five African Americans is disenfranchised.

Difficulties in Voting: Poll Shows No Racial Difference

As the Supreme Court considers the Voting Rights Act, Andrew Kohut writes:

In the past three presidential elections, very few Americans reported having problems or difficulties voting according to Pew Research Center surveys. In its Nov. 8-12 poll in 2012, just 4% of whites answered yes to the question: “Did you have any problems or difficulties voting this year, or not.” Only 2% of African-Americans responded affirmatively.

Four years earlier, the comparable figures were 3% for whites and 4% for blacks, and in 2004, 5% and 3% respectively.

There were accusations leveled during the 2012 presidential campaign that black turnout was being discouraged in Florida and other key states by voter ID laws or attempts at deception or intimidation. Given these charges, Pew went a step further in the 2012 post-election survey than in previous surveys by asking voters if they knew anyone who tried to vote but could not. Blacks more often said they did than whites—14% versus 9%. But a follow-up question, “Why were those people not able to vote?” revealed that this difference was entirely accounted for by the fact that unlike whites, 6% of blacks reported knowing felons who tried to vote but could not.

Felon Voting: Court Case

As an earlier post noted, a three-judge panel of the Ninth Circuit Court of Appeals ruled that Washington State is violating the Voting Rights Act by denying the vote to convicted felons. The full Ninth Circuit is taking up the case. In The Los Angeles Times, Sharon Brown and Roger Clegg argue that the court should uphold the state's law:

[T]he Constitution explicitly assumes that felons may be barred from voting. The 14th Amendment — which, like the 15th, was passed during Reconstruction to ensure equal treatment of African Americans — acknowledges that states can disenfranchise people for "participation in rebellion, or other crime." So an interpretation of the Voting Rights Act to bar felon disenfranchisement would not only be inconsistent with the intent of that statute, it would exceed Congress' constitutional authority.

Or look at it this way: When someone is kept from voting because he has been convicted of a felony, this does not "result in a denial or abridgement of the right … to vote on account of race or color" (to quote the law); it results in the denial of the right to vote because that person has chosen to commit a serious crime against a fellow citizen.

And they conclude:

Today's laws may have a disproportionate impact on some racial groups, because at any point in time there are always going be some groups that commit more crimes than others, but that doesn't make the laws racist — just as the fact that more crimes are committed by men doesn't make criminal laws sexist.　

And the people whose voting rights will be diluted the most if felons are allowed to vote are the law-abiding people in high-crime areas, who are themselves disproportionately black and Latino.　

A report on felony disenfranchisement laws is here.