Court upholds ban on voting by felons

OLYMPIA – In a split decision, Washington’s Supreme Court on Thursday upheld a state law that bans voting by felons – including those who’ve served their prison time and completed probation – until they’ve paid off all court-ordered fines and fees.

“… Felons simply cannot seek restoration of their civil rights until they have completed all of the terms of their sentences,” Justice Mary Fairhurst wrote in the 6-3 ruling. Although voting is a fundamental right of citizens, she said, “Convicted felons … no longer possess that fundamental right as a direct result of their decisions to commit a felony.”

In a dissent, Justice Tom Chambers said the law discriminates against the poor.

“The statute before us, in effect, restricts re-enfranchisement to those rich enough to buy it,” he said.

Another dissenter, Chief Justice Gerry Alexander, wrote that between interest on the debts and the difficulty of finding a good job after prison, some felons have little hope of ever voting again.

“In effect, the scheme the majority upholds today works the same as a poll tax, requiring well-meaning felons who have served their time to ‘pay to play,’ ” the chief justice wrote.

The case stems from a lawsuit against the state by three convicted felons, with legal help from the American Civil Liberties Union.

Among the plaintiffs: Chattaroy’s Beverly DuBois, a former park ranger sentenced by a Stevens County judge in 2002 to nine months in jail for growing marijuana.

DuBois served her time, but emerged from jail with court-ordered fines, costs and fees totaling $1,610. Due to a permanent disability from a car accident two years earlier, court records indicated that DuBois’ only income is her Social Security payments, disability payments and food stamps.

Despite making regular $10 payments, the debt grew to nearly $1,900 by the time the lawsuit was filed two years ago.

In an interview with The Spokesman-Review last year, DuBois said she feels it’s not right to strip people of their voting rights for years after release.

“You’ve done your time, your community service and your probation,” she said.

Last year, King County Superior Court Judge Michael Spearman struck down the state law, ordering that DuBois and the other two plaintiffs be allowed to vote. The ruling halted a push by state elections officials to comb voter records for felons who had outstanding fines and fees.

“It is well-recognized that there is simply no rational relationship between the ability to pay and the exercise of constitutional rights,” Spearman ruled.

Thursday’s Supreme Court ruling overturned his March 2006 decision. State attorneys are now trying to figure out what the ruling means for felons who registered to vote after Spearman’s ruling.

It’s also unclear exactly how many felons are affected by the law. In a 2002 report to state lawmakers, the state Department of Corrections estimated that 46,500 felons were barred from voting purely because of failure to pay costs. The ACLU estimates that more than 250,000 people in Washington – particularly racial minorities – are barred from voting due to a felony conviction.

“This ruling doesn’t change the fact that Washington’s current system for restoring voter rights is a broken system,” said Washington ACLU spokesman Doug Honig. “It’s so complex and confusing that even election officials sometimes can’t figure out who’s eligible and not eligible to vote.”

The case drew an unusually large number of friend-of-the-court briefs, particularly from prisoner-rights groups, minority legal associations and religious groups.

In a joint statement, Attorney General Rob McKenna and Secretary of State Sam Reed praised the ruling. McKenna personally argued the state’s case before the high court last year.

The state’s lawmakers have decided that felons must fulfill all the terms of their sentences before winning back the right to vote, Reed said. If that’s to change, he said, it should be up to the Legislature, not a court.

This winter, the Senate considered SB 5530, which would have automatically restored felons’ voting rights upon release from prison. Fourteen states, including Oregon, do that now. So does Washington, D.C. Two states – Maine and Vermont – allow prison inmates to vote.

“The issue is not going away,” Honig said.