The State of Felon Disenfranchisement in 2013

Earlier this year, the Sentencing Project gave an update on felon disenfranchisement in the United States. Currently, 5.85 million Americans are prohibited from voting due to laws that disenfranchise citizens convicted of felony offenses. Only two states--Maine and Vermont--do not restrict the voting rights of anyone with a felony conviction, even while in prison.

However, incarcerated individuals represent a minority of the total disenfranchised population. In fact, 75% of disenfranchised voters live in their communities, either under probation or parole supervision or having completed their sentence. An estimated 2.6 million people are disenfranchised in states that restrict voting rights even after completion of sentence.

Public opinion surveys report that 8 in 10 U.S. residents support voting rights for citizens who have completed their sentence, and nearly two-thirds support voting rights for those on probation or parole. Since 1997, 23 states have modified laws to expand voter eligibility for ex-offenders and as a result an estimated 800,000 citizens regained the right to vote from 1997 to 2010.

Even in states where the voting rights of ex-offenders are restored, myths about ineligibility are often rampant. Know the law in your state and ensure that your organization is sharing current and accurate information with your community.

Voter Registration Proof of Citizenship Overturned in Arizona

On Monday, the Supreme Court ruled that Arizona may not require documentary proof of citizenship from people seeking to vote in federal elections. (Read the court opinion.)

During oral argument in Arizona v. Inter Tribal Council of Arizona, Justice Sotomayor's first question was about an amicus brief signed by Nonprofit VOTE and other community-based voter engagement groups. (See the transcript.) The brief urged the Court to strike down the portion of Arizona Proposition 200 that required proof of citizenship to accompany any voter registration application, even when applicants have attested to citizenship under oath.

While the National Voter Registration Act allows voters to check a box verifying that they are a U.S. citizen under penalty of perjury, Arizona's law required prospective voters to prove they were citizens by submitting documentation--like a birth certificate, passport, or naturalization paper.

Thus the ruling was critical to many community-based registration efforts that overwhelmingly rely on approaching individuals who did not plan in advance to register at that time or location and who are therefore unlikely to be carrying a birth certificate, passport, or other documentation.

In addition to this week's decision, the Supreme Court will soon be ruling on the constitutionality of the Voting Rights Act of 1965.

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Upcoming Webinar: Get Ready for Election Day

November 6th is almost here, but there's still plenty your organization can do before then!

Get Ready for Election Day
Thursday October 25th, 2:00-3:00pm Eastern

The final days before Election Day and Election Day itself are crucial to your voter engagement efforts. Find out how your nonprofit can prepare for this final push. Our discussion will focus on get-out-the-vote efforts and how to ensure that eligible voters are able to successfully cast a ballot.

Featured Presenter: Avi Green is Co-Director of MassVOTE and an experienced community organizer. He received his undergraduate degree from Columbia University and holds a Master's Degree in Public Policy from the Harvard Kennedy School.

Ex-Offender Turnout In Iowa

A recent study examines the effects of a 2005 Executive Order in Iowa that automatically restored voting rights to former felons who had completed their sentence. Before 2005, persons with felony convictions had to apply to the Governor to have their voting rights restored. Since the Executive Order was enacted, an estimated 100,000 Iowa ex-felons have had their voting rights restored.

Moreover, the analysis found that voter turnout among persons with felony convictions increased substantially following the policy change and that notification of voting rights restoration increased voter turnout among the released prisoner population by four to eight percentage points in the 2008 presidential election.

Unfortunately, in January 2011, Iowa Governor Terry Branstad issued his own Executive Order that rescinded the 2005 advancement, once again requiring ex-offenders to petition the Governor individually to have their voting rights restored. The study's authors predict that this will inhibit turnout, noting that many persons with felony convictions would vote but are discouraged because of the "burdensome application process."

This is particularly unfortunate because, in Iowa, African-Americans account for almost 25% of the prison population, although they make up only 2.8% of the state's population. This can severely impact both the civic and economic health of the community, as well as the correctional system. Research has shown that restoring voting rights to ex-offenders can reduce the recidivism rates of released prisoners.

What are the voting rights of felons in your state? Find out on our website and check out our felon disenfranchisement factsheet in English and Spanish.

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February Webinar Materials

Missed yesterday's webinar, States Move to Restrict Voting: What Your Nonprofit Can Do to Defend the Right to Vote? No problem!

Watch the webinar on our YouTube channel. If you subscribe to our channel, you'll be notified whenever new content is posted. You can also download the PowerPoint presentation and the audio portion of the presentation, or learn more about voting in your state and voter suppression litigation.

Registration is now open for our March webinar, Nonpartisan Voter Participation Basics for Nonprofits. RSVP today!

Register Now for Thursday's Webinar

There's still time to register for this week's webinar!

States Move to Restrict Voting: How Nonprofits Can Defend the Right to Vote
Thursday February 23rd, 2:00-3:00pm Eastern

Last year there was an unprecedented nationwide effort to pass legislation that creates voter registration barriers and limits access to the polls. Unfortunately, that effort continues in 2012. Many of these new laws require voters to provide photo ID at the polls, mandate proof of citizenship before registering to vote, and place severe restrictions on third party voter registration drives. Join us for more on these issues and how you can educate your constituents about the changes, as well as ideas for helping to counter them.

Featured Presenter: Ben Hovland is a Senior Attorney with the Fair Elections Legal Network.

February Webinar: Defending the Right to Vote

Register now for our February 2012 webinar!

States Move to Restrict Voting: How Nonprofits Can Defend the Right to Vote
Thursday February 23rd, 2:00-3:00pm Eastern

Last year there was an unprecedented nationwide effort to pass legislation that creates voter registration barriers and limits access to the polls. Unfortunately, that effort continues in 2012. Many of these new laws require voters to provide photo ID at the polls, mandate proof of citizenship before registering to vote, and place severe restrictions on third party voter registration drives. Join us for more on these issues and how you can educate your constituents about the changes, as well as ideas for helping to counter them.

Featured Presenter: Ben Hovland is a Senior Attorney with the Fair Elections Legal Network.

NAACP Reports on "Block the Vote" Efforts

The NAACP recently produced a report, "Defending Democracy: Confronting Modern Barriers to Voting Rights in America," that contextualizes the emergence of recent "block the vote" measures and explains their potential effects.

The report examines a slew of legislative proposals, ballot initiatives, and voting laws that have been enacted or proposed: 14 states have passed 25 measures designed to restrict or limit ballot access, including new and enhanced voter identification requirements, provisions that curtail access to voter registration, limits on registration drives, and reduced voting periods.

Unfortunately, many of these restrictions will disproportionately affect the populations that nonprofits serve, particularly minorities, low-income voters, the elderly, and young people.

But most importantly, the report offers ideas for how to counter these efforts and expand access to our democracy by:

1. Informing yourself about voting laws and how they affect you.
2. Equipping your community with the information needed to ensure that all eligible voters are able to successfully cast a ballot.
3. Practicing “Each One, Bring One” by bringing an eligible first-time voter, or returning voter who otherwise might not vote, with you when you vote on Election Day.
4. Volunteering to serve as a poll worker, monitor, or translator who assists voters on Election Day.
5. Taking action to urge your elected officials to fight these restrictive election laws.

Read the report, and join our February webinar "States Move to Restrict Voting: How Nonprofits Can Defend the Right to Vote" to learn more.

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2011 Webinar Rewind

In 2011 we hosted an array of expert presenters on a variety of voter engagement and participation topics. Before we announce our 2012 webinar series schedule, we wanted to review some of last year's top webinars:

• We shared groundbreaking new research from the 2010 election that documented the impact nonprofits have when they talk to their clients and constituents about voting.
• MassVOTE's Co-Director, Cheryl Crawford, joined us to discuss techniques for organizing an effective candidate forum, how to stay nonpartisan throughout the process, and tools to help every step of the way. 
• Abby Levine from the Alliance for Justice and Ben Dudley from Engage Maine talked about how nonprofits can take a stand on ballot measures. 
• We reviewed the unprecedented nationwide effort to pass legislation that creates voter registration barriers and limits access to the polls. Megan Donovan from the Fair Elections Legal Network talked about how nonprofits can help defend their clients' right to vote. 
• We asked nonprofits to start thinking about their 2012 voter engagement plan, including when, where, and how to incorporate activities into their ongoing work. Don't worry if you missed it, we're doing an encore this month!

Our full webinar library is available on our YouTube channel. Subscribe today and you'll be notified whenever we post new content. We'll be announcing our full 2012 webinar lineup soon, so stay tuned!

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Texas Maps on Trial

The U.S. Supreme Court has agreed to hear an appeal from Texas Republicans over whether a panel of federal judges acted properly when it replaced the state legislature's congressional map with its own.

The judges' map was the result of a lawsuit that claimed the legislature-drawn map did not give adequate opportunity for minority groups to elect representatives of their choosing, as required by the Voting Rights Act. Texas gained four congressional seats from the 2010 Census--65% of the state's new residents were Latino--yet only one of the four new districts was majority-minority.

Oral argument is set for January 9, and in addition to the implications for voters, a New York Times article highlighted the plight of Texas elections officials who are now stuck in a holding pattern. With less than 90 days before Super Tuesday (March 6), election preparations should be well underway. Instead they are stalled because there are no districts: ballots have not been programmed, proofed or printed, machines have not been tested, voter registration cards haven't been printed or mailed, and poll workers haven't been trained.

However the maps are ultimately drawn, the case has already impacted the election schedule, and has the potential to affect voter turnout and county budgets. Even candidates have been unable to file because their districts simply don't exist. However the Supreme Court rules, the outcome could forever change the way our districts are drawn.

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Voter ID Passes in Mississippi

On Tuesday, Mississippi voters passed a constitutional amendment that requires voters to show government issued photo identification in order to vote. The initiative includes provisions for free photo IDs, but as with all photo ID laws, the impact on voters will depend on implementation. Although many of the states that passed voter ID laws this year offer free IDs, voters still face hurdles in acquiring proper ID.

Last month, a 91-year-old Tennessee woman couldn't get a photo ID because she was physically unable to stand in a long line. A South Carolina man does not have an official birth certificate (he was born at home in 1926) and was therefore denied a free state ID. It would cost $150 for him to get the underlying documents necessary to secure a "free" ID. In Wisconsin, Department of Transportation employees are not allowed to tell residents about the free photo ID for voting, unless the individual specifically asks.

However, not all states make voter ID overly burdensome. For example, in Michigan, voters who show up without photo ID can still vote a regular ballot if they sign an affidavit. State-by-state variations in voter ID laws make it impossible to determine how the amendment will affect voters in Mississippi, and if they will be able to get proper ID in time to vote.

Your nonprofit can ensure that no one misses the opportunity to vote because of ID requirements--help your clients and constituents learn more about voter ID in your state.

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Voting Rights Victory in Maine

We'll have a more complete summary of 2011 election results later, but we just couldn't wait to share Maine's victory! Yesterday, Maine voters decided to restore Election Day Registration (EDR)--leaving an almost 40 year tradition unbroken. Sixty percent of voters supported EDR, and have made it possible for future voters to register and cast their ballots on Election Day.

We're pleased to celebrate this voting rights victory and want to congratulate the organizations and volunteers that were able to put the issue before voters in just a few short months.

For more on other 2011 ballot measure results, visit Ballotpedia.

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October Webinar Recap

Thank you to everyone who joined last Thursday's webinar, States Move to Restrict Voting: How Nonprofits Can Protect the Right to Vote. And a special thanks to Megan Donovan and Ellis Jacobs for sharing their expertise with us.

The presentation and associated materials are now available: Watch the presentation online (with audio) or download the PowerPoint and audio file. If you have additional questions about voter suppression and voting rights, please feel free to contact our presenters:

Megan Donovan
Staff Attorney, Fair Elections Legal Network
mdonovan@fairelectionsnetwork.com

Ellis Jacobs
Senior Attorney, Advocates for Basic Legal Equality
ejacobs@ablelaw.org

FELN creates regular Voter Suppression Updates, which are posted on their blog along with other news and updates. We also mentioned these two reports from the Brennan Center for Justice:

• Citizens without Proof: A Survey of Americans' Possession of Documentary Proof of Citizenship and Photo Identification
• The Cost of Voter ID Laws: What the Courts Say, which contains a section on what states need to do to educate voters

Register Now for Thursday's Webinar

There's still time to register for this week's webinar on recent election law changes!

States Move to Restrict Voting - How Nonprofits Can Defend the Right to Vote
Thursday October 27th, 2:00-3:00pm Eastern

2011 has seen an unprecedented nationwide effort to pass legislation that creates voter registration barriers and limits access to the polls. New laws require voters to provide photo ID at the polls, mandate proof of citizenship before registering to vote, and place severe restrictions on third party voter registration drives. These new regulations have the potential to disenfranchise millions of Americans, and will disproportionately affect lower-income, minority, youth, and older voters. Join us for a discussion of these troubling trends and efforts to counter them.

Featured Presenter: Megan Donovan is a staff attorney with the Fair Elections Legal Network. She has also worked as a legislative advocate for the Center for Reproductive Rights and a contract attorney for The Campaign Legal Center.

New Hurdles: States Restrict Voting Rights

Earlier this month, the Brennan Center published a new report on "Voting Law Changes in 2012" that details and analyzes the bills that have been proposed and passed since the beginning of this year. Most have made it much more difficult for citizens to both register and vote.

Restrictions have come in many forms, including:

• Photo ID requirements. Some states require voters to show government-issued photo ID that as many as one in ten voters do not have.
• Cuts to early voting, a hugely popular innovation used by millions of Americans. 
• Proof of citizenship laws that require a voter to provide proof of citizenship in order to register.
• Reversals of felon disenfranchisement reforms. Once again millions of individuals with past criminal convictions will be barred from participating in the political process. In fact, the report states that "Disenfranchisement after criminal conviction remains the single most significant barrier to voting rights in the United States."

The Brennan Center estimates that more than five million Americans could be affected by the new rules already put in place this year. The report also found that the restrictions will most heavily burden "young, minority, and low-income voters, as well as…voters with disabilities"—the populations that many of our nonprofits serve and "who have been historically locked out of our electoral system."

While many laws have been passed, some have faced fierce resistance from voters. In Ohio and Maine, citizen campaigns have forced referendums on new election laws in both states.

For more on this year's restrictive voting laws, tune in for our October 27th webinar, States Restrict Voting: How Nonprofits Can Defend the Right to Vote. In the meantime, encourage your clients to register to vote and ensure that they understand your state's laws.

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October Webinar: Defending the Right to Vote

Our October webinar will address new election laws that make it difficult for countless voters to register and cast their ballot. Many nonprofits are now wondering how to best help their clients participate under the new rules, but are also seeking information on how they can fight back against restrictive voting laws.

States Move to Restrict Voting - How Nonprofits Can Defend the Right to Vote
Thursday October 27th, 2:00-3:00pm Eastern

2011 has seen an unprecedented nationwide effort to pass legislation that creates voter registration barriers and limits access to the polls. New laws require voters to provide photo ID at the polls, mandate proof of citizenship before registering to vote, and place severe restrictions on third party voter registration drives. (In some states, these laws have not yet been implemented and are under review by the Justice Department to ensure compliance with the Voting Rights Act.) These new regulations have the potential to disenfranchise millions of Americans, and will disproportionately affect lower-income, minority, youth, and older voters. Join us for a discussion of these troubling trends and efforts to counter them.

Featured Presenter: Megan Donovan is a staff attorney with the Fair Elections Legal Network. She has also worked as a legislative advocate for the Center for Reproductive Rights and a contract attorney for The Campaign Legal Center.

Saudi Women to Vote in 2015

Yesterday, Saudi Arabia's king granted women the right to vote and run for office in future municipal elections.

Although the change is welcomed by many activists, concerns still remain. The new law will not be relevant until the next election cycle in 2015. (Current municipal elections are scheduled for this Thursday.) And while senior religious scholars have endorsed the move, many are worried about the law's enforcement--particularly when many men prohibit their female relations from participating in legal activities.

Despite the fact that women will be allowed to participate in elections, they still do not have the right to drive and are required to have male chaperones for most public activities.

Nevertheless, this is an impressive move forward for women in Saudi Arabia, with one woman noting that "It is a good sign, and we have to take advantage of it…But we still need more rights."

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Why We Should Restore Ex-offender Voting Rights

The Florida Parole Commission released a new study showing that an ex-offender whose civil rights have been restored is much less likely to return to prison than others in the released prisoner population.

Of the 30,672 former Florida felons that had their voting rights restored in 2009 and 2010, about 11% ended up back in custody. The recidivism rate for the overall released prisoner population is 33%.

Unfortunately, in March of this year, Governor Rick Scott and members of his Cabinet voted to eliminate the automatic restoration of voting rights for convicted felons. They claim that only individuals who have demonstrated a commitment to living a crime-free life should be eligible to vote, and that the (minimum) 5 year waiting period would provide the opportunity for ex-offenders to show that commitment.

However, the report contradicts the governor's decision, and shows that streamlining the clemency process and restoring voting rights produces tangible benefits for both the individual and the community. In Florida, nearly 90,000 ex-offenders are currently waiting to have their civil rights restored. Let's hope this report makes Governor Scott reconsider how long they should have to wait to vote again.

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Celebrating the Americans with Disabilities Act

Yesterday was the 21st anniversary of the signing of the Americans with Disabilities Act, guaranteeing equal opportunity for people with disabilities in public accommodations, commercial facilities, employment, transportation, state and local government services and telecommunications.

According to the Census Bureau, 36 million Americans have a disability, 12% of the civilian noninstitutionalized population.

Because of the particular challenges people with disabilities face, the American Association of People with Disabilities recognized the need to organize the disability community--and its supporters--to advocate for disability rights at the polls and in the election process. Therefore they launched the Disability Vote Project, a nonpartisan initiative that works to eliminate the barriers to voting and to increase political participation for people with disability interests.

Today, there are Disability Vote Coalitions in 13 states, and almost 70% of the nation's polling places have accessible voting machines. While this is substantial progress, work must continue to ensure that all ballots and polling locations are accessible to individuals with disabilities.

Everyday, countless nonprofit organizations serve individuals with disabilities, and one of the best ways to guarantee that equal opportunities exist is to make sure that eligible individuals 1) register to vote, and 2) cast their ballot! Many already incorporate voter participation outreach into their ongoing work, and your nonprofit can too--learn more about how you can help get out the disability vote!

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Rx Democracy! Weighs in on Florida Legislation

Dr. Rishi Manchanda, founder of our partner Rx Democracy! recently responded to proposed legislation in Florida (House Bill 1355--which has been passed--and Senate Bill 2086) and explained why all medical professionals should take note.

In addition to making it more difficult for "college students, military personnel, low-income and minority voters and anyone who might change addresses" to vote, Manchanda believes that the proposed law will also negatively effect health professionals. Like all working Americans, health professionals benefit from the flexibility of early voting options and in Florida about a third of voters cast their ballot before Election Day in 2008.

Proponents of the legislation argue that new measures are needed to prevent voter fraud, but Manchanda points out that between January 2008 and March 2011 there were 31 cases of alleged voter fraud, with only three resulting in arrests. In fact, "it is more likely that a person will be struck by lightning than be impersonated by another voter at the polls."

Rx Democracy! believes that a strong democratic process and high levels of participation, particularly among the most vulnerable, are essential for creating healthy communities. Read the full piece, also available via the Huffington Post.

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