I Was Arrested for Voting

[KamaAina]

https://www.aclu.org/blog/voting-rights/i-was-arrested-voting

On Election Day in 2013, I took my four children with me to watch me register to vote and cast my ballot in a city election in my small town in Iowa. Earlier that day, my daughter's class learned about the meaning of democracy and the importance of elections.

Two months after I cast my ballot as a civics lesson for my daughter, the Iowa Department of Criminal Investigation agents parked across the street from my house, questioned me, and eventually arrested me and charged me with voter fraud.

Let me explain: When I was convicted on a nonviolent drug charge in 2008, my defense attorney told me that once I served my probation, I would regain my right to vote automatically – correct information at the time. But Gov. Terry Branstad suddenly changed the rules in 2011, and now all citizens with a felony conviction lose their voting rights for life. Our Secretary of State Matt Schultz, in fact, has made this subversion of democracy a point of pride. He has spent hundreds of thousands of dollars hunting down and prosecuting people with past convictions who unknowingly registered or cast a vote....

I explained that I did not know about the rule change, but the local county attorney insisted on prosecuting me, spending thousands of taxpayers' money to try to send me to jail – away from my husband and young children for up to 15 years. Knowing that I had not committed a crime, I withstood the crippling expense and emotional roller coaster of a trial instead of accepting a plea deal for a crime I knew I did not commit. Finally, three months later, I was acquitted by a jury of my peers. It only took them 40 minutes to come to that decision. I cried with relief as I heard the verdict.

[riversedge]

1. umm.. So this is a way that voter fraud can be counted--

run up bills for the ones who thought it was OK after the law was changed. Stinks all around.

[Dont call me Shirley]

2. Once a person serves their time for a conviction, they should be allowed to vote.

[barbtries]

4. absolutely.

they've paid their debt to society. just another way to disenfranchise voters and it sucks.

[immoderate]

5. Everybody should vote. Prisoners have rights too.

At least two states, and many civilized countries allow prisoners to vote from jail.

--imm

[Dont call me Shirley]

7. Yes, even better yet!

[Elmer S. E. Dump]

16. Do prisoners somehow become non-citizens

All citizens should be allowed to vote. Even while in prison. Does the US Constitution say anything about restricting voting?

[Jamastiene]

26. I was wondering about that too.

Let them vote. I don't see a problem with it. It should be their right to vote.

[Orrex]

41. In many cases they were effectively non-citizens before they were prisoners

Marginalized by society at large and by law enforcement in particular, while being ignored by their representatives in government. Minorities and people of low income are essentially nonexistent from their first breath to last.

Prison with life-long forefeiture of voting rights is just another facet of this.

[KamaAina]

34. I would love to see a debate in a prison

How would candidates appeal to the convict vote?

[ColesCountyDem]

15. Illinois allows this. n/y

[rurallib]

21. I think Iowa and Mississippi are the only 2 that don't

but that may well have changed

[billhicks76]

19. Republican Partisan Scum Prosecutor

He probably excuses himself by claiming gS a real Christian. People should organize a protest and camp out in front of his house and draw attention to his CRIME. You can't vote if the rules say no felon. But let it go Mr Prosecutor probably under orders from his party to materialize voter fraud examples out if thin air because they have none. Intent is what matters anyway.

[barbtries]

3. what a terrible law

and what kind of terrible people would do such a thing. oh wait let me guess - republicans?

[RKP5637]

6. Shit like this is so fucked up and pisses me off so much I stumble for words! n/t

[busterbrown]

8. I’m sure that part of this law..

must include that first it must be established to what party does the suspected voter fraud criminal belong to..

Scumbags...All of them

Why wasn’t this sad story plastered all over airways..I know the answer to that so don’t even respond..

[Thor_MN]

9. I thought it was not possible to retroactively change the law.

If your voting rights were re-established in 2008, I was under the impression that it would not be possible to take them away again based on a previous conviction that was completed. The new law could prevent people who had not regained their voting rights at the time the new law was passed, but it should not be possible to add new penalties to a sentence that was completed.

[KamaAina]

11. Ah yes, ex post facto

One would hope the ACLU would think of that and use it in their case.

[awoke_in_2003]

12. Habeus corpus...

used to mean something, too.

[dsc]

20. No they can do it

something that started with sexual offenders, when people added being put on a list retroactively. That is one reason why I am so opposed to giving prosecutors extra power for society's good. This is a direct result of many of saying who cares about sexual offenders.

[KamaAina]

23. The ban on ex post facto laws is in the Constitution

Remember the Constitution?

[Ms. Toad]

43. ex post facto laws only apply to punishment.

The sex offender registrations were determined not to be punitive.

[ColesCountyDem]

24. Sex offender registries-- a good idea gone bad.

A college classmate and good friend of mine is a clinical psychologist who deals with sex offenders, doing both pre-sentence evaluations and therapy. He says that sex offender registration was originally intended to cover only violent and/or predatory sexual offenders, but has since become a play thing for politicians seeking to establish their bona fides for being 'tough on crime'.

Two things have happened to sex offender registries so as to render them largely useless: first, the expansion and inclusion on the registries as to what crimes are considered to be sexual offenses and, second, labeling offenders as 'predators', when they are not in fact predators, from a behavioral standpoint.

One example he cites is that, in Illinois, an individual can be convicted of 'public indecency' for urinating beside a dumpster in the alley outside of a bar (even if done at night, and with the individual attempting to avoid being observed), and be placed on the sex offender registry for life, upon conviction. Another example is simple possession (not manufacture or distribution) of child pornography; conviction for this offense not only results in an individual being placed upon the registry, but it also results in the individual being labeled a predator, even though there is nothing inherently predatory about the act itself.

Individuals convicted of a sexual offense are required to undergo a lengthy pre-sentence, psychological evaluation. This evaluation focuses on all areas of the individual's life and upon the specifics of the offense( s ), resulting in both recommedations regarding imprisonment/probation and an assessment of a.) the likelihood that the offender will re-offend, and b.) on a 15-point scale, whether the individual should be considered 'sexually dangerous'.

Contrary to the public's general perception that all sex offenders are 'baby rapers' and 'incurable', the clinical evidence does not necessarily support either view. The majority of sexual offenses do not involve children and offenders who successfully complete mandated treatment have a fairly low rate of recidivism, a rate substantially lower than individuals convicted of domestic violence, assault and battery, armed robbery and burglary, for example.

[Curmudgeoness]

35. And those are not the only ridiculous inclusions on the sex offender lists.

I know someone who was 18 and was dating a 17 year old. The parents were against them seeing each other and brought charges against this young man for having sex with a minor. He was convicted and now has to register as a sex offender. When I first heard this story, I was shocked....and I have never given much credence to the lists from that time on. Until I see a list with the actual crimes committed and details of the crimes for each person listed, I will assume that most of the people are harmless. Unfortunately, I cannot know who the dangerous pedophiles and rapists are now.

[Shrike47]

44. I wouldn't accept the story without checking the charging instrument (indictment in my state)

Or police report. People often fudge the ages when they tell these stories.

[Thor_MN]

47. A former co-worker's brother is registered as a sex offender for precisely that reason.

His girlfriend was a year younger and her parents did not approve of him. My co-worker had no reason to lie, he actually had no reason to tell the story other than the topic came up.

Change a few circumstances and I could have met the same fate. Except for the fact that my then girlfriend's parents liked me, I could have fallen into the same trap.

[blackcrowflies]

39. Another example is simple possession (not manufacture or distribution) of child pornography

On the registry he or she goes, imho. Buying that stuff or whatever produces incentive for people victimizing the children.

[Ms. Toad]

42. It will depend

on whether taking away the right to vote is deemed punitive or not. The same issue came up with sex offense registration laws, and other restrictions. The sex offenders lost, in that case.

[think]

10. This is sickening /nt

[Ash_F]

13. Good for her for bringing a lawsuit. /nt

[TeamPooka]

14. The GOP agenda, everyone gets guns but no votes. nt

[NutmegYankee]

22. Actually, Felons can't have guns either.

Even non-violent "felonies" like drugs carry these punishments. A complete injustice all around and most often used against POC. Whites can often plea down a drug offense but blacks get slammed with the full charge.

A felony conviction is a modern form of civiliter mortuus, with civil participation and job opportunities shut. I support a complete restoration of rights following completion of sentence.

[lsewpershad]

17. These politicians

will one day pay for their misdeeds.

[aggiesal]

18. Why should anyone lose their right to vote? ...

They're still citizens.
If they're in jail, they should still be allowed to vote.

I can see if a person was convicted of murder because that person
killed a person that would have been able to vote.

Other than that, everyone should be eligible to vote.

[davidpdx]

25. Pretty fucking disgusting

The state should have picked up the expense since they lost the trial. I'm sure the person lost more than just that though given how tough the fight was.

[CanonRay]

27. I don't see how this is constitutional

So they pass a law after she's served her probation, and retroactively take away her right to vote? I don't think so. She should sue. I believe this is an ex post facto law which would be unconstitutional.

[FBaggins]

29. That doesn't appear to be what happened.

There weren't any laws passed. It was originally part of the constitution (of the state) that you lose your right to vote for certain serious crimes (but without identifying what qualified). For many years, this meant that convicted felons could not vote, but they could file to have their franchise restored after serving their time.

In 2005, the governor made that process automatic (by executive order), and in 2011 another governor (also by executive order) reversed the prior order and returned the process to one where you had to apply (and had to pay any outstanding court costs or fines).

The 2011 order exempted anyone whose franchise was restored under the prior order. So what appears to have happened is that she was convicted some time after 2005 and told by her lawyer (reportedly in 2008) how the then-current system worked... but she was released some time after the 2011 order (otherwise she would have been covered by the prior order).

All she should have to do now is fill out a form (and pay any outstanding fines). Her lawsuit appears to be unnecessary... but then again, so did the charges against her. Yes, her actions were technically illegal and yes, ignorance of the law is not an excuse... but it's pretty clear that any prosecutor with an ounce of sense would cut a deal to take care of it.

[B Calm]

28. I think that is a very bad law. Voter Fraud, really, lol!

[heaven05]

30. life in america

2014-16 and maybe beyond ruled by republican teapartitarians...........I give my heartfelt thanks to all who did not vote...

[florida08]

31. Thom Hartmann

Just read this

[KamaAina]

32. Cool!

Does he need a researcher?

[florida08]

33. lol

He seems to be on the facts. It is on freespeech tv

[Spitfire of ATJ]

36. NEVER accept a plea deal. MAKE them go all the way.

[Madmiddle]

37. Sick and disgusting,

how prosecutors look the other way when rich people commit a crime, but go after people of modest means. That you even had to fight, shows just how corrupt our "so called" system of injustice works. We the people need to push our fucked up justice system to start making rich pricks accountable when they ruin peoples' lives.

[McCamy Taylor]

38. Uncertainty about laws like these keeps people from voting.

They believe that if they have outstanding tickets/warrants/child support or misdemeanor convictions they lose their rights. People in states that allow felons to vote are not informed of their rights. And then, when they seea high profile miscarriage of justice like this they think to themselves "Just to be safe, I won't vote." The DA who prosecuted the case should be tried for violating the Voting Rights Act and should be sentenced to community service to include 100 plus hours of registering people to vote.

[El Shaman]

40. Big Brother

Is watching- pucker-up folks! The shafts is coming soon!!

[DrewFlorida]

45. Wow, what a story, good for you for fighting it!

I'm sure most people under those circumstances would have taken the plea deal to save the expense.

It's amazing the depths that republican administrations will go to disenfranchise American citizens they know will mostly vote Democratic! This just underscores how hard we have to work to get more democrats elected at every level of government!

[ErikJ]

46. Cant do the time? Dont do the voting. nt