
Updated post:
Unfortunately, Virginia Governor Terry McAuliffe’s efforts to reinstate voting rights to ex-felons, those who have served their sentences and are no longer on probation, was overturned on Friday by the state court system. The ruling stated that the governor does not have the “authority for the blanket restoration of voting rights.”
While fully acknowledging the setback, there are three reasons I’m holding to my optimism:
1. McAuliffe has vowed to continue signing on an individual basis; he has already re-enfranchised some 10,000 voters this way.
2. The fact that the Governor is making headlines brings attention to the issue (more below).
3. And, this is actually an issue that has had bipartisan support. In 2013, former Republican Virginia Governor Bob McDonnell issued an executive order making it easier for nonviolent felons to regain their voting rights. Nationally, the issue has had some bipartisan support as well, including from states most restrictive of voting rights for former felons. A bipartisan committee has put forward the Democracy Restoration Act (still pending).
Felon Disenfranchisement
Why is this issue important? Disenfranchisement of felons and ex-felons has implications for political equality in the same way that efforts to restrict voter registration undermines a fundamental principle of democracy: participation in the democratic process. Some 5.8 millions citizens are currently excluded from the political system, the majority of whom have completed their sentence and, in the words of Governor McAuliffe, “paid their debt to society.”
Moreover, and made more visible through the Black Lives Matter movement, are the racial inequalities and injustices in our criminal ‘justice’ system. The Sentencing Project has done extensive research on the subject, some of which is highlighted in Michelle Alexander’s provocative book, The New Jim Crow. This short documentary captures the sentiment: The New Fight for Voting Rights.
Barring a more exhaustive review of the topic here, some insights include:
- One in three black men is likely to be incarcerated at some point in his life; that number is one in six for Latino men, and Black Americans are more than five times as likely to go to prison than whites.
- The “incarceration epidemic” in this country is reflected by the 500% increase in the number of people incarcerated over the past three decades. Today, roughly 716 out of 100,000 are imprisoned making the U.S. the leading jailer in the world. (See Deeply Divided, Chapter 8 & Figure 8.10).
- Most Western Democracies maintain the voting rights of those incarcerated, or at least under some circumstances, and, quite the contrast, the United States is among just a few countries globally to restrict those rights even after release from prison.
Posted July 6, 2016
From NPR: “More than 9,000 former felons have registered to vote in Virginia since April, when the governor issued an executive order restoring voting rights to more than 200,000 ex-offenders. Democrat Terry McAuliffe said the residents, who are no longer in prison, had paid their debt to society.”