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Voting Rights For All: Putting It to Work in California
By Judith Grether
Voting Rights for All!
One of the most moving experiences of my life came in 2004 when I had the opportunity, as a volunteer with Voting Rights for All!, to inform a man long-off parole that as a California resident and U.S. citizen who was not currently in prison or on parole, he could vote. In all the years since he had paid his debt to society, he thought he was forever barred from voting…and no one had told him otherwise. With tears in his eyes (and mine), he said “sign me up”!
In subsequent months and years, those of us working to spread the word about voting rights for ex-offenders in California have repeatedly had similar, deeply memorable experiences. We have encountered widespread misinformation and disbelief, among offenders, their families, and friends…and perhaps most tellingly, among criminal defense attorneys, prosecutors, judges, and other legal professionals. Even among county registrars of voters, misinformation remains common and institutional silence pervasive. Finally, the walls of silence are starting to crumble.
What we have learned is that that man was not alone. Many people in California are not aware that, in this state, a felony conviction does not bar someone from voting…only people who are actually in prison or on parole are disqualified. These provisions were written into California law in 1974, more than 30 years ago (Cal. Const. Art. II, section 4; Cal. Elec. Code section 2101). A recent legal decision further clarified that people with felony convictions can vote while in county jail if the judge mandated that they serve their time in jail instead of prison (League of Women Voters v. McPherson (2006)).
Voting rights for people with felony convictions are set by each state, a legacy of “states rights” concessions after the Civil War. At that time, many Southern and border states adopted lifetime voting restrictions for former felons, passing laws prohibiting voting by people convicted of certain crimes that were considered “black crimes”. Other crimes, often more serious ones, that were considered “white crimes,” did not result in voting restrictions. Amendments to the Constitution and court decisions have reaffirmed that states have the right to restrict offenders from voting, if everyone in the same legal status is treated the same way—even if there is racial discrimination in law enforcement and in the legal and prison systems. Some states continue to effectively impose lifelong disenfranchisement for ex-felons. In contrast, in Maine and Vermont, and in most other democracies throughout the world, no restrictions are imposed--offenders retain full voting rights, even while incarcerated.
Many Americans were unaware of this important civil rights issue until the Presidential election of 2000, when national publicity focused on denial of voting rights to former felons in Florida. The magnitude of disenfranchisement is huge! Voting restrictions in Florida, alone, may have forever changed the course of history—many scholars concur that if former felons had been allowed to vote in Florida, Al Gore would have been elected president instead of George Bush. In recent years, an estimated four million U.S. citizens of voting age face lifetime legal denial of the right to vote because of prior felony convictions, even after they completed their sentence. An unknown, but perhaps even larger, number of citizens have been effectively denied the vote through institutional silence and misinformation.
The effects of restrictive laws and misinformation cut across the fabric of our society, with immense consequences for some communities. A U.S. Civil Rights Commission report concluded in 2001 that the disenfranchisement of former felons is “the biggest hindrance to black voting since the poll tax.” Now, in a widespread civil rights movement, efforts are currently underway throughout the country to address the specific injustices--and needed reforms—in each state.
Our work to spread the word about voting rights in California began during the recall election of 2003, using the slogan “On probation? Off parole? You can vote in California”. Initially, we set up rather fledgling efforts in shopping centers and other traditional voter registration venues. Then in September 2004, before the presidential election, we set up shop outside the Superior Courthouse in Oakland (and sporadically at courthouses in Richmond and Hayward), starting at 7:30 in the morning. We passed out thousands of flyers, answered questions, and assisted with voter registration, as hundreds of defendants--and their families and friends--went in and out of the courthouses each day. Despite barriers of privilege and often of age (most of our volunteers were retired, older folks), a spirit of community and goodwill was palpable. In three weeks, we registered over 600 people, at least half of whom were first-time-ever voters. Many more people took blank registration forms for family and friends…and thousands of our bright orange, half-page flyers made their way into homes, churches, and shops all over the East Bay.
Since 2004, we have added more materials to our educational arsenal. As a strictly non-partisan project, we have developed extensive networks with re-entry and prisoners’ rights groups, churches, libraries, and local officials. We provide non-partisan materials, at no charge, to anyone willing and able to distribute them. All our materials can be ordered from our website. Our work is supported through individual donations and a small grant from the East Bay Community Foundation. We can accept tax-deductible contributions (see our website www.votingrightsforall.org for more information).
Now that we have a hotly contested presidential election upon us and three California ballot propositions that relate to the criminal justice system (Props 5, 6, and 9), we are gearing up again to set up shop outside the courthouses. We welcome volunteers to join us, working from mid-Sept to close of voter registration on Oct. 20 outside the Wiley E. Manuel Superior Courthouse in Oakland and the Superior Courthouse in Richmond (contact us through info@votingrightsforall.org). And wherever you are in California, help spread the word: a felony conviction does not bar someone from voting…only people who are actually in prison or on parole cannot vote in California.
Judith Grether is one of the co-founders of Voting Rights for All! and currently serves as a volunteer co-coordinator of the organization. She lives in the San Francisco East Bay.
Comments
What about the Youth? Many 16 years old pay taxes and do not have the right to vote. This was the cause of revolution in America. NO TAXATION WITHOUT REPRESENTATION. Who is helping us? Wher is the concern for us? And people wonder why we are unintrested in politics, it is because we have no representation that truly represents or understands the youth.
Posted by: Dennis Emmitt at August 29, 2008 11:10 AM
When i went to vote early my registration was questioned because the wrong signature was displaying on the screen. It was matched to S. Walker. They let me vote anyway because my husband could verify who i was and i had my Drivers license.
I didn't think nothing of it until a story on CNN was on about a young African american girl who was told she was not a citizen of the United States and could not vote. She was born in Boston.
I've lived at the same home for 17 years and never had a problem until now. I'm African American.
Is there somewhere i can report this problem so at least there a record. I know strange things have happened in Florida and Ohio before.
Posted by: Gill at October 24, 2008 03:20 PM
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