Felon Voting Rights

MD: Success in Voting Rights Restoration and Difficulties in Research

Election Law Society · December 13, 2016 ·

By: Mengxin (Esther) Cui

After a lengthy effort, Marylanders with felony convictions finally regained their voting rights automatically upon completion of their sentences. Unlike most states that automatically restore voting rights to people upon completion of their sentences, Maryland’s new policy does not require people to complete terms of probation or parole before restoring their right to vote (with the one exception that those convicted of buying or selling votes never regain eligibility to register to vote). This change in Maryland’s policy followed the state legislature’s veto override on February 9, 2016. Around 40,000 people are the beneficiaries of this override.

Deciphering Felony Disenfranchisement in Post-Realignment California

Election Law Society · January 11, 2016 ·

In August of 2015, California restored the voting rights to approximately 60,000 former felony offenders who had been improperly disenfranchised as a result of a glitch in the political process. In the whirlwind of California’s recent prison reform acts, these citizens had been inappropriately classified as ineligible to vote in violation of California’s Constitution and election laws. Although the case had already been decided in the voters’ favor by a trial court, it was not until California’s current Secretary of State, Alex Padilla, decided this summer to drop the appeal that these former felony offenders could feel safe registering to vote. But how did such a large number of potential voters end improperly disenfranchised in the first place?

VA: Governor Removes Court Fines and Fees as Barrier to Voting Rights Restoration

Election Law Society · July 2, 2015 ·

On June 23, 2015, Governor Terry McAuliffe announced changes to the restoration of voting rights process for Virginians with prior felony convictions. The Governor announced that Virginians with prior felony convictions will no longer have to pay their court fees, fines, and restitution as a condition of voting rights restoration eligibility.

Prior to this announcement, applicants had to complete their sentence and pay all court fees, fines, and restitution before being considered for voting rights restoration. Now, the only requirement for individuals to apply to regain their right to vote is completion of sentence (including probation/parole). Importantly, the Governor’s announcement does not absolve individuals of the requirement that they pay outstanding fines and fees. It simply removes payment of such fees as a barrier to eligibility to vote. In announcing the new policy, the Governor likened conditioning voting on payment of a fee to payment of a poll tax. Explained the Governor, “These men and women will still be required to pay their costs and fees, but their court debts will no longer serve as a financial barrier to voting, just as poll taxes did for so many years in Virginia.”

The Governor also announced a second reform. Going forward Virginians with prior felony convictions who have had their rights restored will now have the option to include a notation in their criminal record designating that their political rights have been restored.

Mark Listes, Director of Revive My Vote and a rising 3L at William & Mary Law School, commented on the announcement. Listes noted, “The Governor has removed a significant impediment for many Virginians who would otherwise be eligible to restore their voting rights. Furthermore, the Governor has removed a lot of red tape for those who have paid their fees but may not have saved receipts proving they have done so.” Listes continued, “Revive My Vote stands ready to help Virginians navigate the application process under this new policy. I encourage anyone who has questions or would like to start their application to call our toll-free hotline at 844-WE2-VOTE (932-8683). We stand ready to help.” Revive My Vote is a civil rights organization that works primarily in Virginia and helps people with prior felony convictions restore their right to vote.

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Is the Disenfranchisement of 1.5 Million Floridians Justifiable?

Election Law Society · November 3, 2014 ·

By Christine Wilson

Early voting in Florida has already begun, but Florida voters are not necessarily enthusiastic about either candidate for Governor. Democratic candidate and former Governor Charlie Crist switched political parties and many Floridians distrust him because of his switch. Voters are also not very fond of Governor Rick Scott because of his stance on various issues. According to six out of ten voters, the phrase “honest and ethical” describes neither Governor Scott nor Crist. [Read more…] about Is the Disenfranchisement of 1.5 Million Floridians Justifiable?

It’s Not All Bad: Felony Disenfranchisement and Preclearance Aftermath in Virginia

Election Law Society · November 25, 2013 ·

by Student Contributor

On June 25, 2013, the levee finally broke. After earlier hinting that it would, the Supreme Court of the United States struck down the formula for determining which jurisdictions required preclearance under the Voting Rights Act.

Predictably, pandemonium ensued. Some commentators forecasted that states would revert to practices that result in further restrictions on who can vote. An example in Virginia is a new voter ID law that will now go forward unchecked by the Department of Justice thanks to the Court’s decision in Shelby declaring the VRA preclearance formula unconstitutional. [Read more…] about It’s Not All Bad: Felony Disenfranchisement and Preclearance Aftermath in Virginia