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Ease ex-offenders' voting restrictions
Arizona Daily Star ^ | Neema Trivedi

Posted on 10/09/2006 9:02:03 AM PDT by SandRat

Arizonans who vote in future elections could win $1 million thanks to a proposed ballot initiative — the Arizona Voter Reward Act. But while one lucky winner could be paid for voting, countless Arizona residents with felony convictions have to pay in order to vote.

In Arizona, first-time felony offenders who have completed their sentences must pay all the fines, fees and other costs associated with a conviction before regaining the right to vote. This requirement is essentially a modern-day poll tax, barring from the polls those individuals who do not have the ability to pay their legal financial obligations.

While the debate rages over Tucsonan Mark Osterloh's voter-lottery initiative, there should be no question as to the legality of requiring people to pay in order to vote. The Supreme Court has repeatedly affirmed that a person's ability to pay cannot affect their right to vote, and the 24th Amendment explicitly renders the poll tax unconstitutional.

Yet in Arizona, ex-offenders who have completed all other terms of their sentence for a first conviction, including prison, parole and probation terms, cannot participate in the political process unless they pay their legal financial obligations.

In part because of these post-sentence restrictions, more than 175,000 Arizona citizens will be unable to vote on Election Day because of a felony conviction. More than 140,000 of those individuals have done their time in prison but are still unable to vote when they re-enter society. They are living, working and raising families alongside the rest of us. Though they pay taxes and care about the future of their communities, they have no voice in their government.

Like its historical predecessor, the poll tax, this law disproportionately impacts low-income voters and people of color.

In his 2004 State of the Union address, President Bush noted, "America is the land of second chances, and when the gates of the prisons open, the path ahead should lead to a better life."

Removing the stigma of past mistakes and encouraging people to participate as full citizens is far more likely to promote their successful reintegration into their communities.

Indeed, the ability to vote fosters a sense of responsibility and belonging, two critical elements of reintegration. Studies have shown that people with felony convictions who vote are less likely to be re-arrested than those who do not vote.

States are increasingly recognizing that it makes sense to lower the barriers to full civic participation. Since 1997, 15 states have made legislative or policy changes restoring the vote to at least some people with criminal convictions or easing clemency procedures. So while Arizona residents and decision-makers consider Osterloh's voting-lottery scheme to encourage voter participation, they might also recognize a simple and obviously legal mechanism that is guaranteed to advance their goal.

If the state truly wants to broaden its voter base and get its residents involved in the electoral process, it should eliminate voter qualifications based on wealth and should automatically restore the vote to all people who have returned from prison back to their communities.

Tucsonan Neema Trivedi attended St. Gregory College Preparatory School. Write to her at neema.trivedi@nyu.edu.


TOPICS: Crime/Corruption; Editorial; Government; Politics/Elections; US: Arizona
KEYWORDS: exoffenders; felons; restrictions; voting
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So tell us Neema Trivedi, what were you or one of you family members/circle of friends in for?
1 posted on 10/09/2006 9:02:04 AM PDT by SandRat
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To: 91B; HiJinx; Spiff; MJY1288; xzins; Calpernia; clintonh8r; TEXOKIE; windchime; Grampa Dave; ...
I'm a Fellon-n-I can't Vote


2 posted on 10/09/2006 9:06:02 AM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: SandRat
The Supreme Court has repeatedly affirmed that a person's ability to pay cannot affect their right to vote

Yes, but having committed a FELONY can affect one's right to vote. In this case, the payment is due to the FELONY, and therefore no one is being forced to pay simply for the right to vote. They are being forced to pay to compensate society for their CRIME.

3 posted on 10/09/2006 9:09:09 AM PDT by Sicon
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To: SandRat

Allowing felons to vote is one of the costs of freedom and democracy.
One of the first things despots do is imprison their opponents, thus removing their ability to vote against them, if indeed felons are disenfranchised.
Thus, allowing prisoners to vote removes a tool from totalitarians.
And if you have so many people in prison that they can sway the outcome of an election, there are other problems going on that are probably more important.
It's one of those costs that are kinda repugnant, but necessary to preserve democracy.


4 posted on 10/09/2006 9:21:10 AM PDT by bobloblaws
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To: SandRat

IMHO this vote lottery is sickening, and I will vote against this stupid proposition. This is NOT the way to get voters to the polls, all this prop will do is attract people who only care about the chance to win $1 million, and not about who will represent them.

As for felons getting their vote back, no friggin way, they made their choice to live on society's fringes, andnot play by the rules.


5 posted on 10/09/2006 9:21:21 AM PDT by sean327 (God created all men equal, then some become Marines!)
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To: SandRat

Poll Tax.The ONLY way to tax people in a representative government.No representation without taxation.


6 posted on 10/09/2006 9:25:40 AM PDT by hschliemann
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To: SandRat
In Arizona, first-time felony offenders who have completed their sentences must pay all the fines, fees and other costs associated with a conviction before regaining the right to vote. This requirement is essentially a modern-day poll tax, barring from the polls those individuals who do not have the ability to pay their legal financial obligations.

What is she smoking? It's not a poll tax, the state is just saying you're not eligible to begin voting again till you've completed your whole sentence. If the "costs of conviction" is something new they haven't legally been required to pay in the past, aside from the voting issue, then I would oppose that, but paying imposed fines is just completing the sentence as imposed.

7 posted on 10/09/2006 9:27:57 AM PDT by Still Thinking (Quis custodiet ipsos custodes?)
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To: sean327

Exactly. Noone but a Democrat will ever get elected again.


8 posted on 10/09/2006 9:28:40 AM PDT by Still Thinking (Quis custodiet ipsos custodes?)
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To: Sicon
They are being forced to pay to compensate society for their CRIME.

But never their victims. It's ass backwards.

9 posted on 10/09/2006 9:29:34 AM PDT by Protagoras (Billy only tried to kill Bin Laden, he actually succeeded with Ron Brown and Vince Foster.)
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To: SandRat

If I was this broad's employer, I'd make her write a 1000 essay on "Why We Vote." She obviously doesn't know.


10 posted on 10/09/2006 9:31:53 AM PDT by FlingWingFlyer ("Today we march, tomorrow we vote!" The illegal aliens won't be "staying home" on Nov. 7th.)
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To: sean327
As for felons getting their vote back, no friggin way,

They either have paid their debt or they haven't. Once paid, it should be marked "paid in full".

11 posted on 10/09/2006 9:33:02 AM PDT by Protagoras (Billy only tried to kill Bin Laden, he actually succeeded with Ron Brown and Vince Foster.)
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To: SandRat
@nyu.edu, no less!

Tell your story walking, Neema.
12 posted on 10/09/2006 9:37:58 AM PDT by ishabibble (ALL-AMERICAN INFIDEL)
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To: SandRat

It's sort of like a job application.

Have you EVER been convicted of a felony? This gives the employer a reason to not hire your sorry butt. A felony conviction should be something you have to live with for life, including the permanent loss of voting rights.


13 posted on 10/09/2006 9:41:20 AM PDT by cyclotic (Support Cub Scouting-Raising boys to be men, and politically incorrect at the same time.)
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To: Protagoras
I agree and so goes the 2nd amendment also.
14 posted on 10/09/2006 9:49:35 AM PDT by bigfootbob
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To: cyclotic
A felony conviction should be something you have to live with for life, including the permanent loss of voting rights.

I disagree. So it's just a matter of opinion on how severe penalties should be for various crimes.

Death for felony DUI? Life without parole for embezzlement?

I'm all for law and order, but a basic level of "punishment fitting the crime" is desirable from my point of view.

15 posted on 10/09/2006 10:00:52 AM PDT by Protagoras (Billy only tried to kill Bin Laden, he actually succeeded with Ron Brown and Vince Foster.)
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To: SandRat

"This requirement is essentially a modern-day poll tax,"

Far as I got.


16 posted on 10/09/2006 11:02:54 AM PDT by L98Fiero (Evil is an exact science)
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Comment #17 Removed by Moderator

To: bobloblaws

welcome to FR


18 posted on 10/09/2006 1:08:24 PM PDT by notdownwidems (Shellback, pollywogs! 1980)
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To: SandRat

I got a better idea. Let 'em keep their noses clean for a while - say seven years. Then have 'em jump through the same hoops legal immigrants do to get their citizenship, then their rights (ALL of 'em!) are restored. Maybe even have their record expunged. But not one second sooner.

If they ever have a second conviction then they NEVER, EVER get to vote, hold office, or own a firearm again.


19 posted on 10/09/2006 1:12:51 PM PDT by Little Ray (If you want to be a martyr, we want to martyr you.)
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To: bobloblaws
I disagree. A felon has demonstrated his disregard for the wellbeing of his fellow citizen and his nation. He doesn't need to vote until he demonstrates that he has learned the error of his ways.

A despot locking up his enemies is an entirely different problem not related to this issue.
20 posted on 10/09/2006 1:15:08 PM PDT by Little Ray (If you want to be a martyr, we want to martyr you.)
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