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August 29th, 2008 by chapmanlogic

Voting Rights For All: Putting It to Work in California

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by judith grether voting rights for all!

One of the most moving experiences of my life came in 2004 when I had the opportunity, as a volunteer with Voting Rights for All!, to inform a man long-off parole that as a California resident and U.S. citizen who was not currently in prison or on parole, he could vote. In all the years since he had paid his debt to society, he thought he was forever barred from votingâ¦and no one had told him otherwise. With tears in his eyes (and mine), he said â?sign me upâ!

In subsequent months and years, those of us working to spread the word about voting rights for ex-offenders in California have repeatedly had similar, deeply memorable experiences. We have encountered widespread misinformation and disbelief, among offenders, their families, and friendsâ¦and perhaps most tellingly, among criminal defense attorneys, prosecutors, judges, and other legal professionals. Even among county registrars of voters, misinformation remains common and institutional silence pervasive. Finally, the walls of silence are starting to crumble.

What we have learned is that that man was not alone. Many people in California are not aware that, in this state, a felony conviction does not bar someone from votingâ¦only people who are actually in prison or on parole are disqualified. These provisions were written into California law in 1974, more than 30 years ago (Cal. Const. Art. II, section 4; Cal. Elec. Code section 2101). A recent legal decision further clarified that people with felony convictions can vote while in county jail if the judge mandated that they serve their time in jail instead of prison (League of Women Voters v. McPherson (2006)).

Voting rights for people with felony convictions are set by each state, a legacy of â?states rights❠concessions after the Civil War. At that time, many Southern and border states adopted lifetime voting restrictions for former felons, passing laws prohibiting voting by people convicted of certain crimes that were considered â?black crimesâ. Other crimes, often more serious ones, that were considered â?white crimes,❠did not result in voting restrictions. Amendments to the Constitution and court decisions have reaffirmed that states have the right to restrict offenders from voting, if everyone in the same legal status is treated the same wayâ”even if there is racial discrimination in law enforcement and in the legal and prison systems. Some states continue to effectively impose lifelong disenfranchisement for ex-felons. In contrast, in Maine and Vermont, and in most other democracies throughout the world, no restrictions are imposed–offenders retain full voting rights, even while incarcerated.

Many Americans were unaware of this important civil rights issue until the Presidential election of 2000, when national publicity focused on denial of voting rights to former felons in Florida. The magnitude of disenfranchisement is huge! Voting restrictions in Florida, alone, may have forever changed the course of historyâ”many scholars concur that if former felons had been allowed to vote in Florida, Al Gore would have been elected president instead of George Bush. In recent years, an estimated four million U.S. citizens of voting age face lifetime legal denial of the right to vote because of prior felony convictions, even after they completed their sentence. An unknown, but perhaps even larger, number of citizens have been effectively denied the vote through institutional silence and misinformation.

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The effects of restrictive laws and misinformation cut across the fabric of our society, with immense consequences for some communities. A U.S. Civil Rights Commission report concluded in 2001 that the disenfranchisement of former felons is â?the biggest hindrance to black voting since the poll tax.❠Now, in a widespread civil rights movement, efforts are currently underway throughout the country to address the specific injustices–and needed reformsâ”in each state.

Our work to spread the word about voting rights in California began during the recall election of 2003, using the slogan â?On probation? Off parole? You can vote in Californiaâ. Initially, we set up rather fledgling efforts in shopping centers and other traditional voter registration venues. Then in September 2004, before the presidential election, we set up shop outside the Superior Courthouse in Oakland (and sporadically at courthouses in Richmond and Hayward), starting at 7:30 in the morning. We passed out thousands of flyers, answered questions, and assisted with voter registration, as hundreds of defendants–and their families and friends–went in and out of the courtho …

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