“Losing the right to vote is not part of a criminal sentence—it is a collateral consequence dictated by state laws,” stated Unlock the Block, a New York-based group, in a statement explaining its efforts to overturn the state’s disenfranchisement laws.

In New York, former prisoners and their relatives have joined in protests called by Unlock the Block, which filed a lawsuit against Governor George Pataki aimed at repealing that legislation. The organization is part of a national coalition that is waging a campaign to win voting rights for former prisoners.

Five states—Kentucky, Alabama, Florida, Mississippi, and Virginia—permanently prohibit individuals from voting after serving a felony conviction. The only exception is if they receive a state pardon, which is rare and difficult to obtain.

In Kentucky, individuals with felon convictions seeking to vote are required by law to submit three “character references” along with an application to regain their voting rights. Alabama state law establishes that “pardons” can be requested after three years of parole.

In Florida a person can apply for a state “clemency” 10 years after they have completed their prison sentence. “Out of the 613,514 ex-felons in Florida (as of 2000), just 48,000 had their voting rights restored between 1998 and 2004,” reported a March 1 Christian Science Monitor article.

In Washington State, people not only can’t vote while on probation or parole, but must also first pay all court-imposed debts, including fines and “victim reparations” fees. The 12 percent annual interest “building up over years makes it almost impossible for someone to pay off their debt,” noted a June 26 Seattle Times article.

“We don’t let them get their gun rights back and they shouldn’t get their voting rights back unless they have demonstrated they are law-abiding citizens,” David Muhlhausen of the right-wing Heritage Foundation told the Seattle daily.

In June the state of Iowa restored voting rights to people released from prison after felony convictions. Previously, individuals there had to submit a petition to the governor for voting approval. In March, Nebraska, which previously barred individuals with a felony record from voting unless they received a pardon, restored voting rights two years after completion of prison sentences and after probation and parole requirements have been met.

The number of people on probation, parole, and serving time in U.S. prisons increased sharply over the past decade, reaching nearly 7 million in 2003, according to the Bureau of Justice Statistics.

The numbers jumped dramatically during the 1990s. Under the Clinton administration, prisoners’ rights of appeal and parole were further restricted. A number of misdemeanors were reclassified as felonies, sentences were increased for many offenses, and the use of mandatory minimum sentences was widened, especially for drug offenses.

In New York State, under the notorious Rockefeller drug laws, which impose draconian mandatory minimum sentences, 30,000 people a year are indicted for drug felonies. Some convictions carry a penalty of 15 years to life in prison for a first-time offense.

Oppressed nationalities are most affected by the disenfranchisement laws. Blacks and Latinos are disproportionately incarcerated or under parole or probation restrictions, largely as a result of drug laws. Of the 4.7 million people who cannot vote because of felony convictions, 1.4 million—nearly 30 percent—are African American, with a similar rate for Latinos.
 
 
Related articles:
Atlanta: thousands march to extend Voting Rights Act
Protest new Georgia law requiring photo ID to vote
Seattle: SWP mayoral candidate condemns ballot restriction for past felony convictions  
 
 
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