Faith in Action 1 Felon Voting Rights THE ISSUE FAITH PERSPECTIVE Minnesota does not allow people convicted of a felony to vote until after the completion of their sentences. This means that people in jail and prison, and those on parole or on felony probation are included in the disenfranchised population. As of 2006, there were approximately 65,000 disenfranchised Minnesotans. People on probation and parole account for 75% of this disenfranchised population. Our faith traditions urge us to keep an open mind and give people an opportunity to rejoin the community. Disenfranchisement for felons on parole and probation denies them the opportunity to be full citizens, fully participating in society. Voting disenfranchisement has a strong racial bias, disproportionately affecting African Americans. 14% of African Americans who are otherwise eligible to vote are disenfranchised as compared to only 1.3% of all other Americans. 23% of African American males are disenfranchised.¹ Minnesotans Disenfranchised as Percentage of Voting Age Population by Race¹ Although felons have made serious mistakes, nearly all return to the community and we all have a stake in the success of their return. God is willing to forgive, teaching “If a wicked man turns from all his sins which he has committed, keeps all My statutes, and does what is lawful and right he shall surely live; he shall not die. None of the transgressions which he has committed shall be remembered against him.”² God also encourages us to actively pursue reconciliation: “The recompense for an evil is an evil like thereof, but whoever forgives and makes reconciliation, his reward is due from Allah.”³ HISTORY OF THE PRACTICE Disenfranchisement laws have their origin in the practices of ancient Greek and Roman banishment, which were later adopted by Medieval Europe. The practice stems from the idea that when someone commits a crime they are ostracized from society and become civilly dead. In the United States, felon disenfranchisement began as a way to discourage African Americans who had recently won the right to vote. The process was created to suppress African American votes. Although other such practices, like poll taxes, literacy tests, etc. have since been outlawed, felony disenfranchisement remains.4 1980 1990 2000 2006 CONCERNS A goal of the parole and probation system is to reintegrate ex-offenders back into society. The majority of felons are either on probation or on parole, so they are in the process of reentry the community. Disenfranchisement inhibits this reentrance. Ex-felons, who are already alienated from society in many ways, are further frustrated and stigmatized by being denied the right to vote. By the time felons have fully completed their terms and have their voting rights reinstated, they have been partial citizens for so long it is hard to make the move back into full engagement. Also, communication between the justice department and election officials is poor and so ex-felons are still often red flagged at the polls even when they are off paper. Currently 13 states have legislation allowing felons to vote upon release from prison or jail.8 Allowing felons to vote upon their release from prison would drop disenfranchisement from 65,334 Minnesotans to 20,304. Disenfranchisement among African Americans of voting age would shrink from 14.4% to 6.3%.9 A recent study suggests that voting is part of a group of behaviors that is related to desistance from crime. As the study states, “the act of voting manifests the desire to participate as a law-abiding stakeholder in a larger society.”10 Endnotes Felony disenfranchisement disproportionately targets people from minority communities with low income and little education.5 The Bureau of Justice Statistics has calculated that 28% of African American men will go to either jail or prison in their lifetime.6 Disenfranchisement greatly dilutes the voting strength of people from poor African American communities. The communities most affected by felony disenfranchisement are also those communities that in general have the least say in the political process. Since over 14% of African Americans are not allowed to vote due to felony convictions, people running for office do not need to involve themselves as much with the concerns of this segment of society. Politicians need not worry about campaigning in these low-income minority communities as much because they have diminished voting strength. Without representation in the government that knows and cares about the issues that they care about, populations at the highest risk for felony charges will have a hard time improving their circumstances. “The disenfranchised is severed from the body politic and condemned to the lowest form of citizenship, where voiceless at the ballot box…the disinherited must sit idly by while others elect his civil leaders and while others choose the fiscal and governmental policies which will govern him and his family.” -Federal Judge Henry Wingate 7 . RECOMMENDATIONS Allow people convicted of a felony to vote upon their release from prison or jail. This would give those on parole and on probation the right to vote. 1. Christopher Uggen, “Draft Report on Felon Disenfranchisement in Minnesota,” University of Minnesota, September 17, 2007. 2. Ezekiel 18:20-21 3. Ash-Shura, Chapter 42, Verse 42, Mohsin Khan translation. 4. The Sentencing Project, “Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States,” 1998, http://www.hrw.org/reports98/vote/. 5. Christopher Uggen, Jeff Manza, Melissa Thompson, “Citizenship, Democracy, and the Civic Reintegration of Criminal Offenders,” The Annals of the American Academy, May 2006. 6. Fox Butterfield, “Prison Rates Among Blacks Reach A Peak Report Finds,” New York Times, April 7, 2003. 7. McLaughlin v. City of Canton, 947 F. Supp. at 971 (S.D. Miss. 1995). 8. The Sentencing Project, “Statistics State by State,” http://www.sentencingproject.org/StatsByState.aspx 9. Uggen, “Draft Report on Felon Disenfranchisement in Minnesota.” 10. Christopher Uggen, Jeff Manza, “Voting and Subsequent Crime and Arrest: Evidence from a Community Sample,” Colombia Human Rights Law Review, 2004. The Joint Religious Legislative Coalition is a nonpartisan interfaith social justice advocacy organization formed in 1970 and sponsored by the Minnesota Council of Churches, the Minnesota Catholic Conference, the Jewish Community Relations Council, and the Islamic Center of Minnesota 122 W. Franklin Ave., Suite 315 Minneapolis, MN 55404 phone: 612-870-3670 or 1-888-870-1402 fax: 612-870-3671 email: [email protected] internet: www.jrlc.org
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