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Deborah J. Vagins

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The Democracy Restoration Act: Creating a Broader and More Just Base of Voter Participation

Posted: 12/16/2011 4:14 pm

Jessica Chiappone just wants to set an example for her two young sons by helping troubled families like the one she grew up in.

As a young Florida resident, she was convicted of a nonviolent drug offense. But since serving her prison sentence, she has turned her life around. Jessica successfully completed law school and is now a hardworking single mom who hopes to someday become a public defender. 

But despite her efforts to make up for her past, Jessica was barred from voting because of her felony conviction. Under Florida law, she is unable to vote, hold public office or sit on a jury – all requirements for admission to the Florida Bar. And the prospects for having her civil rights restored, on which her new career depends, dimmed this year when Florida authorities significantly toughened the state’s rules around felon re-enfranchisement, eliminating a streamlined process for non-violent offenders to regain rights, and imposing new waiting periods and hearing procedures.

Florida is not the only state with these tough rules. Virginia, Iowa and Kentucky permanently disfranchise citizens with felony convictions unless the state individually approves the citizen’s restoration of rights. And while two states, Maine and Vermont, allow all persons with convictions to vote, even while incarcerated, the majority of state laws fall somewhere in between these two models. Moreover, because each state has its own set of rules, there has been widespread confusion about the proper administration of state laws that has contributed to the disfranchisement of even eligible citizens.

But today there is hope for Jessica and the nearly 4 million other American citizens who have also been released from prison and are living and working in their communities, but are still denied their right to vote in federal elections. 

Today, Sen. Ben Cardin (D-Md.) introduced a critical bill that would fix this problem by establishing a uniform standard for voting in federal elections. The Democracy Restoration Act, S. 2017 (DRA) would eliminate the confusion caused by the current patchwork of state laws; streamline election administration; ensure that probationers never lose their right to vote in federal elections; and notify people about their right to vote in federal elections when they are leaving prison, sentenced to probation or convicted of a misdemeanor. 

The DRA is also championed by Rep. John Conyers (D-Mich.) in the House of Representatives and supported by a very broad range of organizations in the faith, law enforcement, and civil rights communities.

Until recently, the state trend of easing criminal disfranchisement laws was generally moving forward with bipartisan support. Between 1997 and 2009, 16 Republican governors in 12 states approved policies that relaxed voting prohibitions applicable to people with criminal records. 

But in the 2011 legislative season, we saw a variety of voting restrictions introduced in more than 30 states, and 16 states advanced measures that would create more barriers to voting, including a rollback of enfranchisement rights in Florida and Iowa. The DRA is particularly important in the wake of these voter suppression laws, which Attorney General Eric Holder warned are taking us back in time to a darker era in the history of voting rights.

Many felony disfranchisement laws have their roots in the Jim Crow era and were intended to bar minorities from voting. The impact of these laws continues today. Due to criminal disfranchisement laws, 13 percent of African-American men have lost the right to vote — a rate seven times the national average. Latino citizens are also disproportionately disfranchised because they are over-represented in the criminal justice system. In turn, this has impacted the families and communities of those who are disfranchised by reducing their collective political voice.

The DRA would strengthen our democracy by creating a broader and more just base of voter participation. No citizen should be denied their right to vote due to a past criminal conviction. By continuing to deny Americans the right to vote based on a past criminal conviction, the government is endorsing a system that expects these citizens to contribute to the community, but denies them participation in our democracy. 

Jessica Chiappone, and millions of others, have earned a second chance and deserve more.

Tell Congress to act now to restore one of our most fundamental rights by supporting the Democracy Restoration Act.

 
Jessica Chiappone just wants to set an example for her two young sons by helping troubled families like the one she grew up in. As a young Florida resident, she was convicted of a nonviolent drug offe...
Jessica Chiappone just wants to set an example for her two young sons by helping troubled families like the one she grew up in. As a young Florida resident, she was convicted of a nonviolent drug offe...
 
 
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HUFFPOST SUPER USER
l78lancer
Wisdom is the principal thing
02:15 AM on 12/19/2011
It is interesting that the approximately 4 million or so individuals impacted bu the penal system in this country who have had their voting rights impacted more than make up for the margin of error in any national election. In some states races the election impact could be far more significant. Anecdoctally, many of these individuals may thend to be liberal - democratically - oriented. Therefore, there is a reason for GOP dominated states, election boards and commissions, courts, and other entities to keep their Civil rights suppressed.

Having worked in the "system it is clear that many, many individuals have no business there. some make pleas becaue of completely inadequate representation. Others are incarcerated for convictions on minor charges, and the conviction rates are disparate compared to other groups. Still others can have their right "selectively restored, while others receive no such consideration.

What in the Constitution empowers states to permanently strip an individual's rights once they have been released from incarceration and supervision? Either they are a restored citizen or they are not.

I believe that the ACLU frequently barks up the wrong trees, at the wrong time, for the wrong reasons, wasting time effort and resources. But I can get behind thme on this. This is a fight worth fighting.
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HUFFPOST SUPER USER
rda1911a1
God Bless John Browning
08:26 PM on 12/18/2011
I'd like to see a system where you vote if you pay taxes not get government handouts
01:36 PM on 12/18/2011
Repubs like these laws because those are the people who normally vote against them. It was a law like this that helped (along with the Supreme Court) that helped Dubya steal an election.
12:55 PM on 12/18/2011
Devil's advocate question --

If the felony is murder and someone has permanently deprived someone else of his/her right to vote by depriving him/her of life, should the murderer get his/her right to vote back, once paroled or still in prison either way?
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HUFFPOST SUPER USER
mhh310351
Roosevelt Democrat
12:18 PM on 12/18/2011
I actually liked the concept in the book/movie "Starship Troopers" where the only people allowed to vote were those that after they had served their country either in the military or civilian humanitarian jobs.

Active duty personal could not vote!

The reasoning is those people having served would make better selfless decisions for the good of everyone.
12:02 PM on 12/18/2011
Felons still have to pay taxes once they serve their sentance, why shouldn't they have the right to vote. There is no way to justify why they don't have the right to vote.

Voting is a right that we have as American citizens. I agree with no voting while incarcerated, but once their time has been completed, it is their right to vote.

Ron Paul 2012!!!
This user has chosen to opt out of the Badges program
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PKW57
Independent, free-thinking, clasical liberal.
07:50 AM on 12/18/2011
"No citizen should be denied their right to vote due to a past criminal conviction."

I agree 100% with this statement, which is really the essence of Ms. Vagins' article. Once a convicted criminal has served their sentence and 'paid-their-debt-to-society' they should be permitted to vote.

They should however, along with everyone else, be required to prove they are a citizen.
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ljmck
Stand Up, Show Up, Speak Up
01:33 AM on 12/18/2011
Agree. There is no reason why a convicted criminal should lose his citizenship. Even prisoners should have the right to influence the direction of their government. Maybe you could make a case for their not voting while in prison (I'll listen), but absolutely once a prison term is served, the sooner the ex-convict redeems his citizenship, the better. Let's provide some carrots and give up the sticks whenever we can.

I'm always amazed when the Christian Conservative Right insists on being unmerciful and unforgiving. I thought mercy and forgiveness were Christian traditions, if not tenets!
Dad24
The Right is Wrong
06:39 PM on 12/18/2011
They are influenced more by the Old Testament.
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HUFFPOST SUPER USER
rda1911a1
God Bless John Browning
08:28 PM on 12/18/2011
I'd go for that as long as the whole sentance is served. Not parole or good behavior. If sentanced to 20 years you can vote again in 20 years if retitution is paid to any victims of the criminal
01:10 AM on 12/18/2011
Politicians don't care (and laugh at you when you do) whether felons are nice people or not. They pass felon disenfranchisement to suppress minority voting and that is the only reason.
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HUFFPOST SUPER USER
rda1911a1
God Bless John Browning
08:29 PM on 12/18/2011
So you are making the racist argument that felons are minoritys?
01:00 AM on 12/18/2011
Here's the real skam. Counties with huge prisons get to count those huge prison populations when legislative districts are apportioned--or for any government activity that counts population. So get this. They are counted as population, but they can't vote. Sounds something like that 3/4 thing in the Constitution. Or rotten boroughs in England, because that tiny nonprison population of prison guards routinely and reliably votes ritewing.
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AlfredE69
Occupy Election '12: Vote 3rd Party
10:44 PM on 12/17/2011
Ballots should be open to all irregardless of party. Thank you and enjoy your holidays. Peace on Earth!
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HUFFPOST SUPER USER
Leadsled
Love-child of the ghosts of FDR and Napoleon
10:18 PM on 12/17/2011
I think its fair to say that if you are convicted of breaking the law you have lost your right to have a say into the creation of said laws. Since these restrictions apply only to convicted felons that makes the point even more clear.
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HUFFPOST SUPER USER
Bibulus
On my way back from Hawaii with the long-form bio
12:52 AM on 12/18/2011
If a man has served his time for his crime then his obligation is discharged. There is no legal or moral justification of further (un-enumerated) punishment.
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HUFFPOST SUPER USER
ElBruce
04:43 AM on 12/18/2011
It's not fair to say that at all.
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HUFFPOST SUPER USER
Leadsled
Love-child of the ghosts of FDR and Napoleon
08:54 AM on 12/18/2011
Explain why.
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HUFFPOST SUPER USER
mhh310351
Roosevelt Democrat
10:11 PM on 12/17/2011
Sorry if you are going to be intellectually honest go all the way let them run for public office!

Introducing Senator Rod Blagojevich!
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HUFFPOST SUPER USER
l78lancer
Wisdom is the principal thing
03:00 AM on 12/19/2011
They do in some places where their rights have been restored.
10:03 PM on 12/17/2011
,,,,,and if Gingrich were tried for breaking the lobbying laws in Georgia, would that be considered a felony? Could he then be denied the vote but be able to run for prez?

Don't mean to pick on Newt....there's a variety of lobbying laws being broken by our representatives...in plain sight!
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HUFFPOST SUPER USER
Leadsled
Love-child of the ghosts of FDR and Napoleon
10:25 PM on 12/17/2011
Thats an interesting point. If he were so convicted and it was a felony he probably shouldn't be allowed to vote or run for president.
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somewhatodd
micro-bio undetectable to the naked eye
09:02 PM on 12/17/2011
yeah take gramdmas who are being disenfranchised because they don't drive any more and lump those in with convicted felons who want to vote. yeah.

why? because when it comes to practical poltickin', liberals are geniuses, that's why.

snatching defeat from the jaws of victory at every opportunity.
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HUFFPOST SUPER USER
Leadsled
Love-child of the ghosts of FDR and Napoleon
10:26 PM on 12/17/2011
Umm...since when are "liberals" geniuses at practical politicking? Most of our leaders seem to be pretty darned inept at politics. Given that the facts clearly support democratic policy proposals and show republican ideas to be insane, the only rational conclusion is that democratic politicians are really bad at their jobs.
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somewhatodd
micro-bio undetectable to the naked eye
09:11 AM on 12/18/2011
it's not just our politicians. folks on the left tend to know just about everything except what it takes to succeed in politics. unfortunately, folks on the right are just the opposite.