Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

alp227

(32,013 posts)
Wed May 7, 2014, 07:22 PM May 2014

Judge says ex-cons under supervision have the right to vote

Source: LA Times

An Alameda County judge has ruled that Secretary of State Debra Bowen erred when she told California election officials to forbid some 42,000 former prisoners and other felons from registering to vote.

Superior Court Judge Evelio Grillo's decision Wednesday likely comes too late to permit former state inmates and others put under community supervision because of the state's prison overcrowding to register in time to vote in the state's primary elections.

The deadline to register for that election is May 19, and Grillo has given Bowen and civil rights lawyers for former inmates until late May to come up with a remedy. He'll hold his own hearing on those solutions June 4, the day after the primary.

The case centers on Gov. Jerry Brown's decision in 2011 to make room in the state's crowded prisons by creating new classes of offenders -- low-level felons who serve their sentences in county jail instead of state prison and felons released from prison who are supervised by county probation departments instead of state parole agents.

Read more: http://www.latimes.com/local/political/la-me-ff-judge-says-excons-under-supervision-have-right-to-vote-20140507-story.html

10 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Judge says ex-cons under supervision have the right to vote (Original Post) alp227 May 2014 OP
I still don't understand why felons get their voting rights stripped. NuclearDem May 2014 #1
I don't either... 951-Riverside May 2014 #2
They could vote Democratic randys1 May 2014 #3
It is part of massive disenfranchisement and marginilization Cal Carpenter May 2014 #4
Unfortunately, that's what I thought. NuclearDem May 2014 #5
^^THIS^^ Tom Ripley May 2014 #10
In theory, once convicted of a felony, you lost all rights for you were to be executed happyslug May 2014 #7
Map not quite right about Texas at least rickyhall May 2014 #8
I can see a reason for not allowing them to vote in prison or jail davidpdx May 2014 #9
I've always had issues with this crap. rickyhall May 2014 #6
 

NuclearDem

(16,184 posts)
1. I still don't understand why felons get their voting rights stripped.
Wed May 7, 2014, 07:26 PM
May 2014

I mean, what's the worst that can happen?

 

951-Riverside

(7,234 posts)
2. I don't either...
Wed May 7, 2014, 07:30 PM
May 2014

"OH NO! They may vote for a candidate who might push for prison reforms! THE HORROR!"

Quite honestly I don't get why people are branded as a felons for LIFE even after they serve their time.

Cal Carpenter

(4,959 posts)
4. It is part of massive disenfranchisement and marginilization
Wed May 7, 2014, 07:40 PM
May 2014

primarily along racial lines.

I recommend a book called "The New Jim Crow" for more info. http://thenewjimcrow.com/

 

happyslug

(14,779 posts)
7. In theory, once convicted of a felony, you lost all rights for you were to be executed
Wed May 7, 2014, 10:56 PM
May 2014

That was the Common Law Rule, but most states eliminated the lost of rights when prison became the first choice of punishment for a felony, as opposed to being sentence to death.

On the other hand, many states retained who lost the right to vote. Furthermore, most states forbid prisoners, while they are in prison from voting. Mostly to make sure the local areas is not dominated by the voters in the prison, as oppose to the local residents.

http://felonvoting.procon.org/view.resource.php?resourceID=000286

In Maine and Vermont, a Convicted Felon vote while in Prison. They are the only states to permit CONVICTED FELONS voting while in prison.

13 states restrict Convicted Felons from voting only while in prison. Hawaii, Illinois, Indiana, Massachusetts, Michigan, Montana, New Hampshire, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Utah AND the District of Columbia (total 14, but only 13 States).

Four states, California, Colorado, Connecticut and New York forbid Convicted Felons while in prison OR ON PAROLE to vote.

20 States, forbid voting while in prison, on parole OR on probation.

11 States forbid voting by anyone convicted of a felony. This includes, Alabama, Arizona, Delaware, Florida, Iowa, Kentucky, Mississippi, Nevada, Tennessee, Virginia and Wyoming. Please except for Virginia and Kentucky many ex felons can vote in these states, which ex felon can vote or not vote is determined by each state. Virginia and Kentucky forbids ALL felons from voting.


As to Misdemeanors:

Anyone convicted of a misdemeanor in Idaho, Illinois, Indiana, Kentucky, Michigan, Missouri, South Carolina, and South Dakota may not vote while incarcerated.

Kentucky and Missouri additionally require an executive pardon before allowing people convicted of certain misdemeanors ("high misdemeanors” in KY and "elections-related misdemeanors” in MO) from ever voting again.

In Iowa, only persons convicted of an "aggravated" misdemeanor cannot vote while incarcerated.

In West Virginia only persons convicted of certain elections-related misdemeanors cannot vote while incarcerated - all others may vote by absentee ballot.

In the District of Columbia certain election, lobbying, and campaign finance-related crimes (that may be misdemeanors) are defined as felonies for the purpose of disenfranchisement under section 1-1001.02(7) of its code - all others with a misdemeanor conviction may vote by absentee ballot while incarcerated.

Individuals in the remaining 40 states may vote by absentee ballot while incarcerated for any misdemeanor.


The "Remaining states" is only 38 states, if you count Iowa, and West Virginia as having restrictions on people who have committed misdemeanors.



http://paxonbothhouses.blogspot.com/2014/02/holder-wants-to-return-right-to-vote-to.html

rickyhall

(4,889 posts)
8. Map not quite right about Texas at least
Thu May 8, 2014, 12:26 AM
May 2014

My brother had to petition Austin for his rights years after his sentence ended, no way was it automatic

davidpdx

(22,000 posts)
9. I can see a reason for not allowing them to vote in prison or jail
Thu May 8, 2014, 06:49 AM
May 2014

I think they should have their rights restore once they are released whether they are on parole or probation. Not allowing them to vote forever is just plain ridiculous.

rickyhall

(4,889 posts)
6. I've always had issues with this crap.
Wed May 7, 2014, 09:11 PM
May 2014

I don't care if you're a serial killer mass murderer on death row I if you're over 18 and a US citizen you should have the right to vote unless convicted of treason.

Latest Discussions»Latest Breaking News»Judge says ex-cons under ...