Washington State: 9th Circuit Court Reverses Disenfranchising Law; Landmark Decision Could Go to Supreme Court
Virginia: Coalitions Have a Week to Urge Governor to Change Disenfranchisement Policy
Washington State: 9th Circuit Court Reverses Disenfranchising Law; Landmark Decision Could Go to Supreme Court
In a landmark case for individuals with felony records, a federal appeals court has thrown out Washington State's restrictions on felon voting on the basis that the current law violates the Voting Rights Act by creating discrimination in voting. The 2-1 decision in Farrakhan v. Gregoire would apply to all persons with convictions in the state, including 18,000 who are currently incarcerated, according to the Associated Press. Circuit Court Judge A. Wallace Tashima wrote that attorneys for six Washington state prisoners "have demonstrated that police practices, searches, arrests, detention practices, and plea bargaining practices lead to a greater burden on minorities that cannot be explained in race-neutral ways.”
The 9th Circuit Court of Appeals found that discrimination does, in fact, exist in law enforcement, prosecutorial and judicial outcomes in Washington State and therefore, those with felony records should have the right to vote.
The lawsuit was filed in 1996 by Muhammad Shabazz Farrakhan while serving a three-year sentence at the Washington State Penitentiary for a series of felony-theft convictions. Five other minority inmates joined as plaintiffs in the lawsuit that contended that because nonwhites make up a large percentage of the prison population, a state law prohibiting inmates and parolees from voting is illegal because it dilutes the electoral clout of minorities, the Seattle Post-Intelligencer stated.
"In this case, we have proved that the criminal justice system in this state is biased against African-Americans, and the impact has been a violation of their voting rights," said Larry Weiser, a law professor at Gonzaga University School of Law who is the lead attorney in the lawsuit, and joined by several national civil rights organizations.
Seattle Weekly profiled King County public defender Lisa Daugaard, who hopes the decision will "spark a renewed interest in the topic of disparity" by policy leaders and the public, but added that there is still work to be done for reform.
A Tri-City Herald editorial stated that “the Supreme Court needs to toss out this buzzard's egg or mark it ‘return to sender’ with a note to think it through again.” Roger Clegg, president and general Counsel of the Center for Equal Opportunity, said the evidence presented was “dubious” and the decision “bad” in National Review Online.
In another Seattle Weekly article, it was reported that Secretary of State Sam Reed felt prison voting would unleash "fairly difficult" logistical problems, and is requesting a stay of the 9th Circuit Court decision and hopes to take the case to the U.S. Supreme Court. The article, however, challenged Reed’s claim by investigating the procedures of Maine and Vermont where prison inmates are able to vote.
"It's a very simple process," said Wilhelmina Pickard of Vermont's Department of Corrections.
In a statement, Reed said, "the U.S. Constitution, the Washington Constitution and the laws of 47 other states all agree that felons may lose this important civil right when they violate the rights of others by committing egregious violations of the law." Further, "I'm pleased the Attorney General will be taking this case to the U.S. Supreme Court and expect a positive outcome." Click here to read more.
The Seattle Post-Intelligencer also posted a survey for readers to blog about their views on the issue. Click here to read the Wall Street Journal blog. Read Newsweek’s blog. Read the Ethiopian Review commentary.
Virginia: Coalitions Have a Week to Urge Governor to Change Disenfranchisement Policy
Before Governor Tim Kaine leaves office Jan. 16, a coalition of religious and civil rights organizations is asking him to issue an executive order to remove the barrier that bans about 300,000 Virginians from voting. The organizations are also asking Kaine to apply a blanket policy to automatically restore voting rights after individuals are released from prison, the Washington Examiner reported. "It's always a good time to approach someone during their last days in office, when they think less politically and more pragmatically," said Kent Willis, executive director of the American Civil Liberties Union of Virginia, one of the 10 groups seeking the executive order from Kaine.
