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Sasha Abramsky

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America's Disenfranchisement Scandal

Posted: 03/29/11 02:17 PM ET

Earlier this month, Rick Scott, Florida's new Republican governor, announced that Florida would make it harder for felons who had completed their sentences to vote. From now on, non-violent felons will have to wait five years from the completion of their sentence to even apply for their voting rights to be restored. Violent felons will have to wait seven years. It is a dramatic shift away from the reform policies implemented by Scott's more moderate predecessor, Republican Charlie Crist.

Scott's action, backed by the state's conservative Attorney General, Pam Bondi, followed that of Iowa's newly elected Republican governor Terry Branstad, who in January, in one of his first gubernatorial acts, announced an end to his predecessors' policy of granting an automatic restoral of voting rights to felons who had completed their sentences. Now Iowans with felony convictions will have to apply individually to the governor to get their right to vote restored - a process that, in practice, guarantees the state's pool of disenfranchised residents will continue to grow.

Scott and Branstad's actions are a slap in the face to democracy activists countrywide. They are also, in an era in which American forces overseas, and politicians stateside, are siding with pro-democracy movements in the Mideast and elsewhere, a stunningly short-sighted move. Making it harder for citizens to vote ought never to be a legitimate policy goal for state or federal leaders. Doing so at a time when populaces across the globe are fighting for their political rights is, quite simply, morally disastrous.

The events in Florida and Iowa come at the tail end of more than a decade of controversy. Eleven years ago, George W. Bush won the presidency after a disputed electoral outcome in the state of Florida. In the aftermath of that election, voting-rights activists, scholars, and journalists, identified a number of flaws in how Floridians voted and in whom the state allowed to vote.

For a while, the country was preoccupied with hanging chads, confusing "butterfly ballots," and a number of other technical issues that called into question the integrity of the vote count. But behind the scenes, a far more damaging corrosion of Florida's franchise had been taking place for decades: Florida was one of a dozen-plus states, most of them concentrated in the Old South, a smattering of them in the Midwest and West, which made it nearly impossible for convicted felons to regain their right to vote after they had completed their prison, parole or probation sentences - even if they had been law-abiding, tax-paying, citizens for years, in some instances even decades. In Florida, as in most of these states, the disenfranchisement codes were an embarrassing remnant of the Jim Crow-era; they had originally been put in place at least in part to keep poor and black citizens from voting.

In Florida's case, because of the explosive growth in its prison population during the 1980s and 1990s, by the year 2000 permanent disenfranchisement had prevented somewhere in the region of three quarters of a million Floridians from being able to register to vote. Not surprisingly, the overlap of the wars on crime and drugs and felon disenfranchisement had a racial and economic impact. Disproportionately, African Americans and Hispanics, as well as the poor of all races, bore the brunt of disenfranchisement. In a state in which the presidential election was determined by a few hundred votes, hundreds of thousands of men and women had been told they couldn't vote or had had their names "purged" from voter rolls. Thousands, it turned out, hadn't even been convicted of a crime: they had been erroneously scrubbed from the rolls through an over-aggressive usage of deeply flawed criminal justice and residency databases.

After the Florida debacle, felon disenfranchisement became a front-burner issue for civil rights groups, ballot box-access organizations, and an increasing number of political leaders concerned about protecting the integrity of the nation's voting processes. For, when one started crunching the numbers, it turned out that in states with permanent disenfranchisement upwards of a quarter of African American male adults were voteless. In some states, including Florida, Mississippi, and Alabama, the numbers were even more dire.

In state after state in the years following the 2000 election, felon disenfranchisement codes were modified; waiting periods for re-enfranchisement were reduced or eliminated, and education efforts were launched to inform low-income communities, in which huge percentages of the population have felony convictions -- often for low-end drug crimes -- of their voting rights.

Some of the rhetoric around re-enfranchisement was noble; framed in terms of basic small-d, democratic rights, and re-engaging onetime law-breakers with their communities (many criminologists believe giving people real stakes in their communities is an effective crime-fighting strategy in and of itself). Some of the discourse was more pragmatic; lower income and African American populaces disproportionately go big-d Democratic in elections, and keeping millions of such citizens from voting was, experts estimated, tamping down Democratic Party support by a percentage or two -- enough to determine the outcome of many close elections, including that of the Presidential election in 2000.

In Florida, Republican governor Charlie Crist took the principled decision to lubricate the state's rusty re-enfranchisement process, ensuring that hundreds of thousands of Floridians would have the opportunity to participate in their state's political process. He recognized that the moral stakes were large enough to make re-enfranchisement a crucial issue, even if the change risked hurting his own political party at the ballot box.

Unfortunately, the new breed of Republican governors and state legislators appear to be ignoring the broader democratic calculus, concentrating instead on the pragmatics: if re-enfranchisement benefited Democrats, a new wave of disenfranchisement will likely benefit Republicans. It is a shameful, and a profoundly hypocritical, calculus.

 
 
 

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MrStat1
I believe in the rule of law
01:35 PM on 03/30/2011
Well, if you don't like the policy in just under 4 years from now you can vote Scott out of office. See, yo do have a choice!
08:55 PM on 03/31/2011
Good point.
07:26 AM on 03/30/2011
For those commenters that are belittling this as a civil rights cause - and opposed to restoring voting rights to felons... Just a few things to thing about.

- "Convicted Felon" can mean all kinds of things - it isn't limited to those convicted of violent felonies. It can mean those convicted of non-violent crimes (shoplifting, burglary, even DUI) and those sentenced to short jail terms or even probation. So if you are convicted of Driving Under the Influence and sentenced to time served - you are a convicted felon - and could potentially lose your voting rights

- "Youthful indiscretions" by college kids (e.g. possession of illegal drugs) or others might cause them to lose their voting rights.... Would you want to lose your right to vote because of a mistake you made as a young person - especially if you have grown up and become a productive member of society?

- Barring certain members of society from participating in that society - particularly through the vote - is a sure way of creating a permanent underclass. Someone who isn't involved in a society won't care about trashing it - whether through vandalism, theft or more violent crime. Involving people in civic institutions creates a feeling of ownership, making them more engaged and more productive members of society.
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leftparadise
Go ahead with your own life, leave me alone.
08:49 AM on 03/30/2011
i would think they could mount a valid protest under the banner of taxation without representation - surely the tea party memebers could get behind that sentiment ?
/
12:53 PM on 03/30/2011
In Arizona speeding in execss of 20MPH is a felony!
10:52 PM on 03/29/2011
Why would we want violent felons to ever have the vote? Do we want a higher percentage of the electorate composed of unsocialized knuckleheads?
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leftparadise
Go ahead with your own life, leave me alone.
08:50 AM on 03/30/2011
you think they would do more harm than the "non-violent" "non-felons" running some of these states ? and it's not limited to violent felons.
09:32 PM on 03/29/2011
Greetings Sasha.....

Why would you be concerned about the voting rights of convicted felons? Many of their crimes leave permanent scares on law abiding victims, remaining well beyond any time limitation for voting rights...

Warm regards,

Michael Winters
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Pammy2
I'd rather laugh with sinners than cry with saints
09:52 AM on 03/30/2011
Yes, many crimes leave permanent "scares" on law abiding victims. That's why we as a society impose punishments that have been determined in courts of law as appropriate to the crime. When those punishments have been served, and societal prices paid then society doesn't have the right to impose further punishments. You do the crime, you serve the time, debt paid.
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mike dougles
09:01 PM on 03/29/2011
Why do I want felons to be able to vote, what is next letting them carry guns?
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maximus5757
06:43 PM on 03/29/2011
Why do democrats run ads on TV, all they need to do is hand out flyers on the cell block.
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mike dougles
09:09 PM on 03/29/2011
and fanned.
itolduso
lateral thinker
03:33 PM on 03/29/2011
The irony is....if Rick Scott hadn't been able to plead the 5th 75 times during the medicare fraud trial - it would be HIS rights being curtailed!
03:28 PM on 03/29/2011
so convicted felons can't vote in Florida? Don't like it? Either don't commit a felony in Florida, or better yet, move to a state that is more lenient on felons. Either way, I win.
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eastfernstreet
Too micro to be seen . . .
04:48 PM on 03/29/2011
Why not take rights away from other classes of people, too? "First they came for the trade unionists but because I wasn't in a union, I said nothing."

Remember, a lack of empathy cuts both ways.
05:03 PM on 03/29/2011
cute quote, thanks.

Forgive me if I don't have alot of empathy for convicted felons in my state. I'd rather they didn't vote or just leave. I'd really appreciate it if they didn't commit the felony in the first place.
08:59 PM on 03/31/2011
Be careful. Ooops. Too late. You've just let the world know how ignorant you are of the U.S. prison system. You might want to start with Wikipedia.
conniec
Not all those who wander are lost.
02:58 PM on 03/29/2011
MORE Branstad/IA Republican House pending legislation:

Life begins at conception.

Any public sector union employee can become a "free agent" and negotiate their wages individually (an effort to, eventually, eliminate unions).

Any animal rights activist who obtains a farm worker position and then films/records animal abu-se, is committing a crime and can be prosecuted.

Note that as of yet, none of these have gotten through the IA Senate, which has a majority of Democrats. If the Republibaggers get the Senate, tho, we're in deep d00-d00.
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NorthSide
01:54 PM on 03/29/2011
Democrats are fighting this, since the criminal class are their most reliable constituency.
itolduso
lateral thinker
03:32 PM on 03/29/2011
yeah- we work to restore their rights....you run them as candidates
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Soulsurfer
Solar Electrician,Longtime Surfin'Fool
09:38 AM on 03/30/2011
Nice one!
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eastfernstreet
Too micro to be seen . . .
04:50 PM on 03/29/2011
Please distinguish between the 'convicted' (e.g. poor, minority) criminal class and the 'non-convicted' (e.g. wealthy, white) criminal class. The latter is decidedly Republican. Their ranks will swell yet again on April 15.