6,000 felons on voter lists

denverpost.com ^ | Sunday, October 10, 2004 | Susan Greene and Jeffrey A. Roberts

[crushelits]

With less than a month until Election Day, Colorado's registration rolls include as many as 6,000 felons who should be ineligible to vote.

Election officials have failed to prevent state prisoners and parolees from registering or casting ballots. Records show felons have voted as recently as the August primary, despite a law forbidding it.

Secretary of State Donetta Davidson said she was unaware of potential problems until she was asked about a Denver Post comparison of voter registrations to felons currently in the Department of Corrections system.

"Did I look at it when I took office? No. Could I have looked at it? Yes," said Davidson, a Republican, and Colorado's election chief since 1999. "I had no idea we had that type of numbers."

Davidson plans this week to convene an emergency meeting of clerks from Colorado's 64 counties to try to keep prisoners and parolees from voting in November.

Meanwhile, some watchdogs wonder why she didn't notice the felons earlier. The oversight, they say, compromises the democratic process.

"You have to wonder if they're malicious or inept in the secretary of state's office," said Al Kolwicz, executive director of Boulder-based Citizens for Accurate Mail Ballot Election Results, or CAMBER. "Every ineligible elector that votes cancels the vote of an eligible elector."

Many could visit polls

State law says that "no person while serving a sentence of detention or confinement in a correctional facility, jail, or other location or while serving a sentence of parole shall be eligible to register to vote or to vote in any election ...."

A comparison of state voter rolls and a recent Department of Corrections roster shows 6,006 people on both lists share the same first names, last names and dates of birth. The Post did not count any records where middle initials did not match. The newspaper also did not count several records where it appeared an inmate had registered to vote more than once.

More than 40 percent of the 6,006 are on parole or in community corrections or intensive-supervision programs and conceivably could visit their polling place for the Nov. 2 election. About 34 percent are Democrats, 21 percent are Republicans, and 45 percent are unaffiliated with a political party.

Records through early September show 536 felons registered this year. Many took part in registration drives that have recruited tens of thousands of potential new voters since March.

Some parolees said workers eager to sign up new voters assured them they could lawfully register and vote.

"I hope this don't get me back in prison. I can't afford that," said Arthur Wilkerson, who registered outside a Pueblo Wal- Mart in July while on parole for assault.

One group, the Colorado Voting Project, signed up 77 voters Sept. 29 in the Denver County Jail. Project leader Carol Peeples said she was aiming for prisoners awaiting sentencing, who are entitled to vote.

Several parolees and community corrections inmates said they intend to vote next month and were unaware of the state law against it.

"Nobody told me it wasn't allowed," said parolee Don Phelan of Englewood.

No list sent to clerks

Colorado law long has prohibited prisoners from voting. In 1995, lawmakers added parolees to that restriction.

Parole directives issued by the state Department of Corrections don't advise parolees not to register, or not to vote.

"Each individual has a personal accountability to know the laws of the state," department spokeswoman Alison Morgan said.

The secretary of state regularly gets notices from the U.S. Justice Department about Coloradans in the federal justice system. Davidson's office forwards those names to county clerks so they can strike them from the registration rolls.

But the secretary of state's office gets no such list from the state Corrections Department, so a far greater number of state prisoners and parolees aren't erased.

"We can only act on the information provided us," state Elections Director Bill Compton said. "This particular issue is a matter for corrections to address."

In response, Morgan said, "We send data sets to agencies that request the information."

Davidson's office didn't ask for the list of felons until late last week after The Post inquired, she said.

For their part, county clerks say they haven't combed their rolls for felons because Davidson never forwarded the data.

"I have always assumed that the secretary of state's office would notify us of anyone who is not eligible to vote. I don't have that information available to me," said Adams County Clerk Carol Snyder. "It bothers me that anybody who is not an eligible, legal voter is on my list."

Snyder said no prisoners have been sent ballots in Adams County. But records show 33 listed their address as 8031 Interstate 76 - the address of Adams Community Corrections.

By far the largest number of felons registered to vote is in Denver, where Election Commission executive director Karon Hatchett wasn't available to comment Friday.

Meaningful numbers

There are enough felons on the state rolls to possibly tip the outcome of the election. But their mere presence on the voter rolls could be enough to force the outcome of any close race into the courts. In 2000, George W. Bush won Florida by 537 votes, while Democrat Al Gore claimed New Mexico by just 366 votes. Closer to home, in Colorado's new 7th Congressional District, Republican Bob Beauprez squeaked past Democrat Mike Feeley by 121 votes in 2002.

Davidson's office launched an investigation late last week to learn how many ineligible felons actually cast ballots in the August primary. A quick review of Denver's database alone revealed at least five who had voted in August.

"I don't know that they've been voting. But I don't know that they haven't," Compton said.

Davidson plans to work with the Corrections Department to create a centralized list of felons in the state system. She will update and share that list with county clerks each week before Election Day.

Rather than purging those names from the rolls and risking the possibility of disenfranchising eligible voters, she will direct county clerks to flag known felons so election judges give them "provisional," or emergency, ballots. Those who vote by mail will have their absentee ballots treated as provisional ballots. Their ballots will count only after secretary of state, corrections and county officials verify that no laws were broken, Davidson said.

Activists fear mistakes

Watchdogs fear officials will disenfranchise eligible voters in their scramble to strike felons from the rolls.

"As the secretary looks at this issue, we need to be especially vigilant that it doesn't lead us down the path of restricting people's right to vote," said Common Cause executive director Pete Maysmith.

Other activists hope Davidson's new policies don't infringe on the rights of ex-felons and people on probation, who are eligible to vote.

Seven states - not including Colorado - take away a felon's civil rights upon conviction: Ex-felons must apply to the state for clemency to have their voting rights restored.

The presence of felons on Colorado's registration rolls has prodded Davidson to seek a law next legislative session allowing her office to train workers collecting voter registration forms so they don't mislead prisoners or parolees about the law.

"We've never seen anything as alarming as this year," she said.

Davidson said problems with illegal voters should be fixed by 2006, when - in accordance with a new federal law - her office will launch a $10 million statewide registration system that will cross-reference potential voters with state felons.

[Piquaboy]

You can be sure that they will all vote Rat.

[concerned about politics]

I hope other states are pulling out the felon vote. The more voter fraud we can eliminate, the better.

[TheEnigma47]

What are we to expect?

Criminals register criminals to vote for criminals

[spyone]

This is more than inept. This Republican has been in office since 1999 and its now just coming to her attention. I have stated repeatedly that in 2000 Ashcroft should have read the riot act to all election officials in the country to clean up their act and that they would be prosecuting violators. It is obvious from all we hear that voter fraud is much greater than our wildest imagination.

[VoiceOfBruck]

You said: You can be sure that they will all vote Rat.

Article says:...21 percent are Republicans,...

My guess is the undecideds will lean demo.

I'm kind of surprised there's any pubs in prison at all (notwithstanding most inmates probably have bigger things to worry about than politics); it would be interesting to see "what they're in for."

[Illinois Rep]

Only 6000? hmmm...I thought the DemocRATS were motivated this year?

[Cincinatus' Wife]

"Every ineligible elector that votes cancels the vote of an eligible elector."

Bump!

[Migraine]

You can be sure that they will all vote Rat.

A lot of them tend to be libertarian, too. Republicans? Forget it!

[Retired Navy Chief]

at least they may split some of their votes---in New Mexico the dead get 2 or 3 votes each and they are all for the DIMS

[UsnDadof8]

You can be sure that they will all vote Rat.

I will grant you that most will, but not all. I have a son in law who served prison time (he was in the wrong place at the wrong time) and he is a Bush supporter, although he can't vote because he is still on probation.

[reformedliberal]

I know a young man who had a checkered past and who is a felon. He served his time. He found Christ, joined an Orthodox Skete and is a strong supporter of President Bush. His Skete is voting this year (they don't, usually), but this Father hasn't gotten his records reviewed and so, his rights were not restored in time for him to register.

In my state, I know that staffers are already reviewing absentee ballots and they are cross-checking w/corrections and other databases. Provisional ballots will also be reviewed, but there is a 24-hr time limit for the voter to come to the office of elections w/ID and verify their identity.

We are on it. However, the staffer just told me that there are a half million eligible voters in Milwaukee and the City has requested 1M absentee ballots.

Anyone who is able to volunteer for legal services should contact their campaign HQ immediately. AFAIK, attorneys, law students and paralegals can apply to do this work.

[lowbridge]

Rather than purging those names from the rolls and risking the possibility of disenfranchising eligible voters, she will direct county clerks to flag known felons so election judges give them "provisional," or emergency, ballots. Those who vote by mail will have their absentee ballots treated as provisional ballots. Their ballots will count only after secretary of state, corrections and county officials verify that no laws were broken,

WTF????? Hello? The law has already been broken!

This is what they're gonna do: They're gonna wait and see to see what the results are on election night. And if Kerry wins their state, and/or the entire election, they're gonna declare those ballots illegal, null and void. But if Bush is winning their state, they're gonna add those ballots to the vote, declaring them completely legal.

[mrustow]

That's crazy. The only explantion I can think of, is that she's been intimidated out of doing her job by black race-hoaxers screaming "disenfranchisement!"

Seven states - not including Colorado - take away a felon's civil rights upon conviction: Ex-felons must apply to the state for clemency to have their voting rights restored.

My understanding is that it's more like 37 states, not seven.

The presence of felons on Colorado's registration rolls has prodded Davidson to seek a law next legislative session allowing her office to train workers collecting voter registration forms so they don't mislead prisoners or parolees about the law.

Why would she need an additional law, just to do her job, in training election workers to do theirs?

[Bonaparte]

"My understanding is that it's more like 37 states, not seven."

It's actually a lot more complicated than that. There's a crazy quilt of laws from state to state, regulating which felons can vote in which elections under which conditions. There was a good article on that here at FR not long ago but I can't find it. Leftist orgs like Human Rights Watch would have the most detailed info on this since they are the obsessed with getting felons into the voting booth.

[Bonaparte]

Here you go...

TABLE 1: Categories of Felons Disenfranchised under State Law

State	Prison	Probation	Parole	Ex-felons
Alabama	X	X	X	X
Alaska	X	X	X
Arizona	X	X	X	X (2nd felony)
Arkansas	X	X	X
California	X		X
Colorado	X		X
Connecticut	X	X	X
Delaware	X	X	X	X
District of Columbia	X
Florida	X	X	X	X
Georgia	X	X	X
Hawaii	X
Idaho	X
Illinois	X
Indiana	X
Iowa	X	X	X	X
Kansas	X
Kentucky	X	X	X	X
Louisiana	X
Maine
Maryland	X	X	X	X (2nd felony)
Massachusetts
Michigan	X
Minnesota	X	X	X
Mississippi	X	X	X	X
Missouri	X	X	X
Montana	X
Nebraska	X	X	X
Nevada	X	X	X	X
New Hampshire	X
New Jersey	X	X	X
New Mexico	X	X	X	X
New York	X		X
North Carolina	X	X	X
North Dakota	X
Ohio	X
Oklahoma	X	X	X
Oregon	X
Pennsylvania	X
Rhode Island	X	X	X
South Carolina	X	X	X
South Dakota	X
Tennessee	X	X	X	X (pre-1986)
Texas	X	X	X	X (2years)
Utah
Vermont
Virginia	X	X	X	X
Washington	X	X	X	X (pre- 1984)
West Virginia	X	X	X
Wisconsin	X	X	X
Wyoming	X	X	X	X
U.S. Total	47	29	32	15

[Bonaparte]

Here you go...

TABLE 1: Categories of Felons Disenfranchised under State Law

State	Prison	Probation	Parole	Ex-felons
Alabama	X	X	X	X
Alaska	X	X	X
Arizona	X	X	X	X (2nd felony)
Arkansas	X	X	X
California	X		X
Colorado	X		X
Connecticut	X	X	X
Delaware	X	X	X	X
District of Columbia	X
Florida	X	X	X	X
Georgia	X	X	X
Hawaii	X
Idaho	X
Illinois	X
Indiana	X
Iowa	X	X	X	X
Kansas	X
Kentucky	X	X	X	X
Louisiana	X
Maine
Maryland	X	X	X	X (2nd felony)
Massachusetts
Michigan	X
Minnesota	X	X	X
Mississippi	X	X	X	X
Missouri	X	X	X
Montana	X
Nebraska	X	X	X
Nevada	X	X	X	X
New Hampshire	X
New Jersey	X	X	X
New Mexico	X	X	X	X
New York	X		X
North Carolina	X	X	X
North Dakota	X
Ohio	X
Oklahoma	X	X	X
Oregon	X
Pennsylvania	X
Rhode Island	X	X	X
South Carolina	X	X	X
South Dakota	X
Tennessee	X	X	X	X (pre-1986)
Texas	X	X	X	X (2years)
Utah
Vermont
Virginia	X	X	X	X
Washington	X	X	X	X (pre- 1984)
West Virginia	X	X	X
Wisconsin	X	X	X
Wyoming	X	X	X	X
U.S. Total	47	29	32	15