Felons Voting? Isn't that Illegal?

November 18, 2010 (Press-News.org) Vengeance is mine, saith the Lord. So, say many politicians, as being tough on crime and tougher on criminals has been a litany long favored by those looking for votes. For those convicted of a felony, part of that vengeance has long consisted of a permanent ban from the voting box.

Change Coming

A recent New York Time editorial comments on a report from The Sentencing Project, a national non-profit organization that works on criminal justice policy issues, indicating there has been some thawing in the ice jam concerning the voting rights of those who have completed their sentences.

The Times notes "[t]he restoration movement gathered momentum after the 2000 election debacle in Florida, where thousands of people mistakenly listed as felons were purged from the rolls or turned away at the polls."

The editorial goes on to say "Democracy is strengthened when as many citizens as possible have the right to vote. Fully integrating ex-offenders back into society is also the best way to encourage their lasting rehabilitation." It seems elemental that once someone has completed their sentence, a sentence determined by the states legislature to be sufficient 'punishment' for their crime, their full citizenship should be restored.

The Sentencing Project report "Expanding the Vote" points to encouraging news. Nine states repealed or amended lifetime disenfranchisement laws, eight states have made the process of regaining the vote less onerous and three states improved data and information sharing.

Opinion and Litigation

Some movement has been based on public opinion. The report cites 8 in 10 Americans support voting rights for those who have completed their sentences. Litigation has also made some openings, arguing the racial and ethnic bias in the criminal justice system has resulted in racial discrimination violating Section 2 of the Voting Rights Act.

Improvements in Tennessee

In the words of the report "In 2006, Tennessee passed legislation that simplified what were previously the nation's most complex and confusing disenfranchisement laws." So just about any action would have been an improvement.

The prior law eligibility for regaining the ability to vote and the process on had to use varied depending on the type of crime and date of conviction. Now, for those convicted after 1981, application is made directly to the Board of Probation and Parole upon completion of the sentence.

Tennessee's Legislature has not gone all teddy bear-soft on crime: the new law still requires that all outstanding legal financial obligations, including child support, must be paid before voting rights will be restored.

If you have questions how this may apply to your situation, contact a knowledgeable attorney, who can explain the steps you need to complete to regain full voting rights.

Article provided by Law Office of Brent Horst
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