Millions of African Americans Will Be Disenfranchised on Election Day (1052 hits)
By Dr. Henrie M. Treadwell
When Election Day arrives in November, the state of Virginia will likely play a huge role in determining whether Democrat Barack Obama or Republican John McCain is the next President of the United States. Unfortunately, the vote tally from the Old Dominion will be illegitimate because the state will disenfranchise nearly 350,000 individuals who are barred from voting because of felony convictions.
Across the country, Obama's unique ability to energize young, African American and independent voters is turning traditional "Red States," such as Virginia, into potential Democratic pick-ups. But as attention shifts to these new swing states it also raises awareness of the restrictive voting eligibility laws that will disproportionately prevent many blacks from participating in the election.
Nationwide there are several million people who are ineligible to vote because of various state laws that restrict voting by ex-felons released from prison. If those currently serving time for felony convictions are added to ex-felons released from prison a total of 5.3 million people won't be allowed to vote. Clearly, this disenfranchisement could impact the outcome of the election since the vote in swing states will be close. This could hurt Obama because a disproportionate number of ex-felons are African Americans and blacks have overwhelmingly supported his campaign.
Virginia, for instance, is one of two states (Kentucky being the other) that does not allow ex-felons to vote under any circumstances. Currently, there are 340,522 people living in Virginia communities and paying taxes, who cannot vote, according to The Sentencing Project, a national organization seeking criminal justice reforms. Some states allow ex-felons to vote, but disqualify those on probation or parole. In total, 48 out of the 50 states have felon disenfranchisement laws.
Moreover, while health experts have identified prison inmates and ex-convicts returning to their communities as people often facing major health problems, many will not be able to vote even as creating a new health policy in America looms as one of the most important issues in the presidential campaign.
Mark Mauer, executive director of the Sentencing Project, emphasized that point: "The main problem is that we have a very important election coming up and 5 million people won't be able to vote because of previous or current convictions. They legally cannot vote."
In Florida, another key state in November, 1,089,911 people can't vote because the state places voting restrictions on ex-felons released from prison, as well as those on probation and parole. There are also a number of disenfranchised ex-felons in other key states, such as: New Jersey (99,136), North Carolina (37,352), Georgia (232,972), Louisiana (59,971), New Mexico (10,955), Colorado (6,920), Missouri (60,428) and Nevada (32,440).
Despite voting rights legislation that was designed to ensure that minorities can vote, the felony disenfranchisement laws remain as a potent example of structural racism.
While felon disenfranchisement laws were on the books prior to the Civil War, once the 15th Amendment allowed blacks to vote the laws were updated to include the types of crimes most often committed by blacks back then, such as robbery and vagrancy. Today, the felony disenfranchisement laws have re-emerged as the largest suppresser of minority voting.
One major misconception is the belief that people of color are impacted more because they commit more crimes. The reality, however, is that the nation's criminal justice system arrests and prosecutes people of color at higher rates than whites, and minorities receive longer prison sentences after convictions for the same crimes as whites. For instance, African Americans make up 14% of the nation's drug users, yet our state prisons are filled with blacks convicted of drug related crimes. According to the Americans Civil Liberties Union (ACLU) -- blacks are 56% of those in state prisons for drug crimes.
Another issue is that the definition of a felony varies from state to state, and in some places, such as Mississippi, writing a bad check is classified as a felony, and can prevent someone from being eligible to vote.
Still, there has been some progress. Florida Gov. Charlie Christ enacted rules last year that made it easier for more than 100,000 former prisoners to regain their voting rights, but the state still has a million felons who are unable to vote. In Virginia, Gov. Tim Kaine is seeking to restore voting rights for ex-convicts, and other efforts are underway across the country.
Supporters of the disenfranchisement laws have never presented any evidence that restricting the right to vote deters crime in any way. It is an undemocratic practice that is followed by few other democracies in the world. Throughout Europe, most nations allow criminals to vote while they are incarcerated and for those that don't, voting rights are usually fully restore upon release.
As voters express their desire for change in America's presidential campaign, part of the change should be ensuring that all Americans can execute their constitutional right to vote.
(Dr. Henrie M. Treadwell, associate director of Development at the National Center for Primary Care at Morehouse School of Medicine, is also director of Community Voices, a non-profit working to improve health services, and health-care access, for all Americans.)
I am not sure if I agree with this distinguished writer. There are several points made that are factual but the writer did not re-check her facts, thereby not writing the article in a way that paints a more accurate picture.
For instance several months ago, I attened a League of Women' Voter's conference in Jersey City, New Jersey. The focus was on ex-felons. There were a few "white" women who were ex-felons, and they had just learned that in New Jersey they were eligible to vote. Based on the information the League disseminated. many ex-felons will be voting in this State.
The City of Newark , New Jersey has a strong ex-felon re-integrative program. One of the speakers was a Director of one of these programs, who had secured his freedom via his own legal work, when facing life without parole.
Insofar as Barack Obama's stunning candidacy, I would dare say it is "white" people who are overwhelmingly supporting him and their votes are making a difference. Not enough of us voted in the Primaries, because we didn't know that the "Dream" had arrived. That Martin Luther KIng' Legacy was about to unfold right before our very own eyes. There are more of them than there are of us. In a few states he carried the Black American vote, but it is historoicaly significant that he won Iowa in the Caucus.
I do agree with the author on the point she makes, that this structural punishment needs to cease. To be barred forever,as in some states for a crime categorized as a felony, such as the three strikes you're out law of New York, which could include three misdeameanors is way outside the circle of democracy.
Iwould like to add,that at that same conference a Criminal Justice Professor and lawyer from Pace University informed the audience that though an incarcerated felon cannot vote, the prison where he resides, is counted in the census of that Congressional District. What that means is a District can attract more federal dollars on the backs of these non-voters,yet they are not the beneficiaries. That is inherently a miscarriage of justice. But it must be noted that it includes, other ethnic groups as well. That law is outrageous, since it causes an unfair redistribution of Federal funds due to those inmates being counted though that may not be their home state.
In order to make a resounding statement we need real time statistics from each prison, in all 50 states. We would need to know what the laws are in each State, and we would need to know if the population in that State,would "swing" with or without their vote. I have not seen any studies to that effect. I would like to be informed if there is.
I just wanted to add, that Black folks are not putting Barack Obama in the White House ,what we are doing is overwhelmingly supporting the inner circle in Washington that does. That is fine with me. However he gets in.
What we can do is ask those that are being denied the right to vote to get out on election day in the Electoral States with the highest votes, to assist, the elderly, specially in nursing homes, and in assisted living places and other foreigners who are citizens such as Ethiopians, Nigerians, Haitians etc. For every one that cannot cast a vote go out and make sure two people cast one. That is being proactive. That is an effective way to respond to that oppression and denial of rights. It's personal , quiet and effective. They ought to call it the David and Goliath technique.
It's a better response than lamenting and crying about what cannot be changed in this historic election in 4 months. Ask felons to register those that are eligible. It's called work, as in work for change! A lot of young Black felons have a negative response to being in a system that discriminates against them, and the right to vote is an earned right for those who work within the system.
There has to be a wholistic view to address a grievance effectively. Having said that I can effectively argue the other side as to why a felon should be denied the righ to vote.
For additional information on the conference attendees, please feel free to ask.
Marta Fernandez Cultural Anthropologist
Friday, July 11th 2008 at 9:32PM
Marta Fernandez
