Democracy Restoration Act could allow ex convicts to vote

Mon, 07/27/2009 - 13:16
  • Length: 2:09 minutes (1.97 MB)
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Civil Rights advocates are praising the introduction of a bill in Congress that would restore voting rights to people with felony convictions.  The two bills, introduced simultaneously in the House and the Senate, would allow people released from prison to vote in federal elections.  Erika Woods is deputy director of the Democracy Program at the Brennan Center for Justice.

“We´re talking about people who have been convicted in the past who have served time in prison and who the criminal justice system has determined to be ready to re enter society and come back to the community.   Once these folks come back to the community, as American citizens, they should have the right to vote.   They have responsibilities, they have to find a job, they have to pay taxes, they are raising their families in the community.  And having the right to vote and having a voice in the community really is part of that reintegration in becoming part of society.”

Thirty-five states currently prohibit people with felony convictions from voting, even after they have been released from prison, according to the Brennan Center. This disenfranchises an estimated 4 million people.

“Over the past decade, 20 states have reversed their restrictions on voting and have restored voting rights for people released from prison.  Instead of a patchwork of state laws, the new bill would create a federal standard. The legislation also requires people who rights are restored to be notified their right has been returned.   Opponents say the measure is unconstitutional.  Hans Von Spakovsky is a legal scholar at the Heritage Foundation.”

The 14th Amendment of the Constitution specifically gives states the right to take away the right to vote of someone. And so if Congress believes this is a good idea, the only way they could do this is by constitutional amendment. And so even if Congress were to pass this I think it would quickly be overturned by the Supreme Court.

The Democracy Restoration Act of 2009 was introduced Friday by Senator Russ Feingold and Representative John Conyers. The measure has a long road in Congress before it becomes law.

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