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January 5, 2010 in Region
Fed judges: Wash. felony inmates should get vote
Under current Washington law, convicted felons, such as Beverly DuBois, of Chattaroy, can’t vote until they have served their sentence, including the completion of parole, probation and restitution fees.
(Full-size photo)
OLYMPIA — Incarcerated felons should be allowed to vote in Washington to ensure that racial minorities are protected under the Voting Rights Act, a federal appeals court ruled Tuesday.
The 2-1 ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals overturned the 2000 ruling of a district judge in Spokane. That judge had ruled that state law did not violate the act, and dismissed a lawsuit filed by a former prison inmate from Bellevue.
The two appellate judges ruled that disparities in the state’s justice system “cannot be explained in race-neutral ways.”
The issues the ruling raises about racial bias in the justice system are not unique to Washington state, said Marc Mauer, executive director of The Sentencing Project, a Washington, D.C., group promoting sentencing reform.
“They are issues that permeate the justice system and are relevant in every state,” he said.
A spokeswoman said state Attorney General Rob McKenna is weighing the state’s next step.
The lawsuit was filed by Muhammad Shabazz Farrakhan of Bellevue. He was serving a three-year sentence at the Washington State Penitentiary in Walla Walla for a series of felony-theft convictions when he sued the state in 1996.
Ultimately, five other inmates, all members of racial minority groups, joined as plaintiffs.
The lawsuit 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.
That was a violation of the U.S. Voting Rights Act of 1965, the lawsuit said.
The state contended that the lawsuit should be dismissed because the law was not intended to discriminate against minorities.
Last year, lawmakers passed a law that allows convicted felons to reregister to vote once they’re no longer on parole or probation. Previously, felons who were no longer in Washington state custody but owed court-ordered fines and restitution were not allowed to vote.
Washington’s neighbor, Oregon, automatically restores voting rights to felons once they’re released from prison. Nearly 40 other states and the District of Columbia also have less onerous restrictions on restoring voting rights to felons.
Maine and Vermont are the only states that allow those behind bars to cast ballots.
© Copyright 2010 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Censored on January 05 at 2:09 p.m.
And all those that cannot vote from prior felony convictions and still cannot vote? Left out in the cold but while in prison, get your teeth done, get great medical and vote too!
MichaelCathcart on January 05 at 2:27 p.m.
Next thing you know some panty waist judge will say they have a right to keep and bare arms while in prison. Prison is a dangerous place, it would only make sense!
bdr on January 05 at 2:31 p.m.
Being able to vote as a felon, is like a pedophile being able to judge a kid beauty contest .
with the nations incarcerated numbers hovering around 2-3 million
this is still large enough for political people to still pander to.
I dont want law makers pandering to law breakers.
their only problem with life is the law…..! This is ridiculous…..
people laying about incarcerated voting in judges soft on crime.
bull crap. If you want to vote the line dont do the crime.
Censored on January 05 at 2:34 p.m.
The picture is much larger than that, I was convicted in 1990 at the age of 14 for a non-violent crime, yet at 34 I am still unable to vote or bear arms. My qualm is that they can sit in prison and vote, yet I have waited my entire adult life to get such a chance. I call shennanigans!
AXe on January 05 at 2:45 p.m.
Censored are you Empyrious?
I suggest reading the U.S. Constitution where its silent on States giving/taking voting rights.
Then go read the WA Constitition where it states “heineous crimes” MAY be grounds for revoking voting rights.
Selling a bottle of wine w/o a lable is a Felony.
Digging goyeducks w/o a license is a Felone
Stealing a Goat is a Felony.
Those dont sound too heinous do they?
I believe Florida one can vote from Prison, Referencing the first Bush 2.0 election.
and for the first posting. You should really do your research. Medical Care in Prisons is charged to the inmate. Ever pay $5 for two aspirin?
PhiltheBibliophil on January 05 at 3:05 p.m.
Well, this got a response today, didn’t it. Censored I can empathize with your plight, that picture is wrong as a juvenile. However giving prisoners Voting rights is Ludicrous. Only in Washington would they even consider this! I have a daughter living in Vermont and in that state nothing surprises me. Maine, well it is Maine. There needs to be some serious Public Outrage over this!
empyrius on January 05 at 3:13 p.m.
Har har har har . . .
I knew this one would get people upset, well, let us dispel with some old wives tales here:
The medical and dental “services”, contrary to many misinformed opinions, are truly nothing more than pulling teeth and death beds, it is not even comparable to CHAS that “services” the homeless and poor.
Reflecting America’s un-incarcerated population, incarcerated Hispanics, militant blacks, and the woods, will generally vote republican, while the remaining whites and blacks would vote democrat: the republicans would win the prison vote easily (and none of these dudes even know what a “libertarian” or “socialist” is).
Due to the fact that Hispanics and blacks are quite over-represented in our prisons, that these minority groups should have the ability to vote should not even be a question. In fact, since so many farmers and construction firms actively seek and use illegal labor (and they will not hire unionized whites), for profits’ sake of course, Washington State’s Hispanic population that can vote is negligible at best, and the ones who are in prison at least have citizenship rights, so they should be able to vote!
While the blacks who endured life in impoverished areas of Pierce and King County should be able to vote just b/c they lived long enough to go to prison . . .
Peace
empyrius on January 05 at 3:26 p.m.
Heck no AXe! I am empyrius! I only use my one “empyrius” Googled verified screen name.
My criminal record is far worse then Eddie Ray Halls’, but I have been trying to change my evil ways; alas, the lengthy criminal record coupled with the bad credit and lack of work history; well, I thought the democrats were giving us worthless people some “death panel action”!!!
I have read our Constitution brother, a few times.
Nice stats on the disproportionate number of blacks in our “justice” system, and I am checking out “The Sentencing Project” web page right now, http://www.sentencingproject.org/template/index.cfm.
Peace
Shylock13 on January 05 at 3:31 p.m.
There are two issues. First, should convicted felons in prison be allowed to vote. Second, should convicted felons who have served their terms be allowed to vote? Regarding the first issue, no single judge (a 2-1 vote) should be able to make that decision. The matter must go to the US Supreme Court, and the Supreme Court’s ruling, whatever it is, should apply to all states. Personally, I believe that felons incarcerated should NOT have the right to vote. But I also believe that those who have served their terms and not gotten into legal difficulties for a specified period of times (5 years?) should regain the right to vote.
cryssT on January 05 at 3:34 p.m.
If you’re a convicted felon you LOSE THE RIGHT TO VOTE that’s part of BEING FOUND GUILTY. If you’re IN PRISON you have NO RIGHT TO VOTE. There are NO CONSEQUENCES for doing wrong anymore.
westside on January 05 at 4:37 p.m.
Yup, the lib 9th ckt court at it again…wait..soon all the killers in GITMO will become us citzens and they will have a right to vote also!!
empyrius on January 05 at 4:46 p.m.
PhiltheBibliophil seems to be predicating his “giving prisoners Voting rights is Ludicrous” on some conservative/liberal divide, but as far as reasoning he offers none. Ok …, that helps …: NOT!
And look at westside, he just blames the “lib judges”. Cannot you people think outside of the little boxes politicians put you people in?!?
cryss says, “if you’re a convicted felon you LOSE THE RIGHT TO VOTE that’s part of BEING FOUND GUILTY”. Really? I don’t ever remember the judge at sentencing saying, “you know, you are going to lose your right to vote as well as doing your time, paying court costs and fees (and victim restitution if there are “goods” and/or “suffering” involved), and the bag of probation tricks we have in store for you once you are released …”. That must be more of those conservative activist lawyers who are always passing more laws and creating more government, that is, doing exactly what they say they are against! Har har har har.
He also states, “There are NO CONSEQUENCES for doing wrong anymore”. Really? Are you sure about that? Are you allowing your feelings to cloud your judgment? I served my time. I cannot now get a job b/c I was a bad guy then. I have no “social status” (other than being labeled a “bad guy” of course). I feel I have more than paid my debt to society. And I am only a poor white, blacks and Hispanics with criminal records have even less chances to reintegrate, or just integrate, into our “free” society.
Can anybody here have a reasoned debate? Turn off MSNBC and FOX news people, read a sociological or criminal justice book, visit a stranger in jail, go out on the street and go up to a bum and say, “hey, what do you think”.
Peace
ShannonSullivan on January 05 at 4:54 p.m.
I could get into the underlying issue here, which is that an uneducated vote can be just as detrimental as not voting at all, but I’ll save that for a later blog.
The FACT is that when you “choose” to become a felon, you LOSE the right to bear arms, and vote. Meaning that two of the most precious constitutional rights are now DENIED to you DUE to YOUR choices.
I cannot see the State Supreme Court upholding this.
I love the comment, “Next thing you know some panty waist judge will say they have a right to keep and bare arms while in prison. Prison is a dangerous place, it would only make sense!”
empyrius on January 05 at 8:52 p.m.
Laws are made to be changed Shannon; if they weren’t Americans would not be able to drink alcohol, and northerners would be returning fugitive slaves to their southern owners . . .