(This post is similar to the one that I originally wrote for this Web site)
Yesterday my colleague Amy Wysowski began an interesting and relevant conversation about this issue especially as we rapidly approach this year’s Election Day. Also, another colleague, Jackie Linge, drawing on her prior legal experience, added fascinating insight (as well as the human side of the story).
After reading the comments from Amy’s post, I thought maybe this issue needed its own post for ongoing discussion.
First, if you are interested in knowing what New York State felonies are, this site provides a list by offense level. Did you know there are A1 and A2 level felonies, B violent felonies, B non-violent felonies, C violent felonies, C non-violent felonies, D violent felonies, D non-violent felonies, and E felonies? Have a look at the lists. You may be surprised by what you see — and let’s not forget the broad discretion prosecutors have in deciding what charges should be brought in cases.
In New York State if you are convicted of any of the above, you will lose your right to vote (until you are on probation). It is also very hard to get a job (much less a good one) after a felony conviction.
FairVote2020 has some neat interactive charts and maps with loads of good information about felony disenfranchisement across the U.S. by state.
Dan Filler, blogging at the Faculty Lounge, writes:
Felon disenfranchisement has an intuitive appeal – we deny the right to vote to those who breach the fundamental social contract and violate the law. But these laws have deeply racist roots and a dramatically disparate racial impact today. There is also a deep democratic problem with the policy; as we criminalize and prosecute more and more conduct, we passively strip more and more citizens of voting rights.
Most states added felon disenfranchisement laws in the aftermath of the Civil War. It is no coincidence that more people gained the right to vote at that exact moment (at least in writing on the Federal level, via the 13th, 14th, 15th, and later the 19th amendments). Only two states allow everyone to vote (including those who are incarcerated): Vermont and Maine. Those two states are each almost 97% white (the highest white populations by state).
For more information and the latest news, see the Right To Vote Campaign, a collaboration between the ACLU, the Brennan Center for Justice, and The Sentencing Project. The Right To Vote Campaign has led on this issue, but its own Web site has been down recently for some reason.
Late Update: See this New York Times article from Sunday’s edition, “States Restore Voting Rights for Ex-Convicts, but Issue Remains Politically Sensitive” and accompanying multimedia map from The Sentencing Project.