DMI Blog

Maggie Williams

Making Real the Promises of Our Democracy in All NYC Communities

CAN YOU VOTE WHILE ON PROBATION?
CAN YOU VOTE IF YOU HAVE BEEN CONVICTED OF A MISDEMEANOR?
CAN YOU VOTE WHILE AWAITING TRIAL?
CAN YOU VOTE ONCE YOU HAVE COMPLETED YOUR SENTENCE FOR A FELONY CONVICTION?

The answer to all of these questions is YES.

IN NEW YORK STATE, AN INDIVIDUAL ONLY LOSES THE RIGHT TO VOTE IF SHE HAS BEEN CONVICTED OF A FELONY AND IS CURRENTLY INCARCERATED OR ON PAROLE.

If you did not know the answers to these questions, you are not alone. 48 of our 50 states strip citizens of their right to vote for varying periods of time. However, because these laws vary greatly from state to state, an alarming amount of misinformation surrounds these laws. Based on a study conducted by the Voter Enfranchisement Project (VEP) at The Bronx Defenders, close to 40% of those who have been arrested mistakenly believe that someone cannot vote while on probation. Even more disturbing, a similar study conducted by The Brennan Center and Demos found that close to 40% of elections officials were equally mistaken. This misinformation, perpetuated by people in positions of authority, keeps eligible voters from registering and making it to the polls: in the Bronx, an eligible voter with previous criminal justice involvement is 50% less likely to be registered than her neighbor.

Unfortunately, these superficially colorblind felon disenfranchisement laws are anything but. Based on criminal justice involvement, felon disenfranchisement laws reflect the disparities of the criminal justice system: both disproportionately disrupt the lives of low-income communities of color. Although only 34% of the NYC population is Black and Latino, they make up over 80% of the people arrested each year. In addition, low-income communities already encounter obstacles to political participation that higher income communities never experience. For example, since low-income voters are more likely to move often, those who attempted to vote on September 12th in the New York State primary, were disproportionately impacted by the NYC Board of Elections’ oversight in telling 200,000 recently moved voters to go to the wrong polling site. Felon disenfranchisement laws and the misinformation that surrounds these laws exacerbate administrative election problems such as this. Ultimately, these obstacles and others prevent low-income communities of color from holding elected officials accountable to their needs, and keep them from getting the resources necessary to break cycles of poverty, unemployment, and criminal justice involvement.

Democracy must be accountable to the needs of all communities. In order for any of us to vote we need to (1) know our rights; (2) want to exercise those rights; and (3) be able to cast a meaningful ballot at the polls. We know that individuals with previous criminal justice involvement want to vote: research with clients at The Bronx Defenders has shown that, once registered, a Bronx resident who has been through the criminal justice system is just as likely to vote as her neighbor who hasn’t. Now, VEP is working with the NY VOTE coalition here in NYC to make sure that low-income communities have the information they need to understand their voting rights and make it to the polls. From voter education workshops, door knocking, and training; to helping voters cast an informed ballot with our Better Ballots 2006 New York Voter Education Guide; to providing trained poll monitors at polling sites where NY VOTE coalition members will be turning out, VEP is working to help low-income New Yorkers make their voices heard from the South Bronx to the nation’s capital.

How can you help? First and foremost, get out and vote. Register before the deadline this Friday, October 13th and update your registration if you have moved recently—you can download a form at the NYC Board of Elections or find at your local post office. If you are already registered, call 1.866.VOTE.NYC to confirm that you are registered at your current address and locate your polling site in advance at the NYC Board of Elections’ website. And if you can, join us on Election Day as a nonpartisan poll monitor in the Bronx.

In 1963, Dr. Martin Luther King, Jr., insisted that, "Now is the time to make real the promises of our democracy." Today, it is our responsibility to uphold these promises for all communities in New York City.

Maggie Williams: Author Bio | Other Posts
Posted at 1:28 PM, Oct 11, 2006 in Democracy
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Comments

I am told that reapportionment and redistricting will the subject of an Assembly hearing in New York City on
Tuesday, October 17, 2006
10:30 AM
Assembly Hearing Room
250 Broadway, Room 1923, 19th Floor. In order to testify, you need to pre-register using the form here: http://www.assembly.state.ny.us/comm/GovOps/20060906/?tr=y&auid=1955299"

Posted by: Daniel Millstone | October 12, 2006 09:25 AM

There's an article today in New York Times about this. Was a bit suprised by the Bush factoid at the end.

October 12, 2006
States Are Growing More Lenient in Allowing Felons to Vote
By ERIK ECKHOLM

Legislatures in 16 states have loosened voting restrictions on felons over the last decade, according to a new report, a trend hailed by some rights advocates as a step toward democratic principles and fairness, especially for black Americans.

Because of their high incarceration rate, blacks are most affected by the voting bans that vary widely among the states, with many barring current inmates and parolees from voting until they have fulfilled their sentences, and some barring felons for life.

In recent years, Iowa, Nebraska and New Mexico have repealed their lifetime bans on voting by people who have been convicted of felonies, and several other states made it easier for freed prisoners or those on probation to vote, according to the report, issued yesterday by the Sentencing Project, a liberal advocacy group in Washington.

The recent changes have restored voting rights to more than 600,000 individuals, the report said. But because the country’s prison population has continued to rise, a record number of Americans, 5.3 million, are still denied the vote because of criminal records, it concluded.

“It’s good news that many people who’d been disqualified from voting are being re-engaged as citizens,” said Jeremy Travis, president of the John Jay College of Criminal Justice in New York and a leader of the movement to smooth the re-entry of prisoners to society.

“I think people are realizing that the country had gone too far in marginalizing a large group of people who have been convicted of felonies,” Mr. Travis said. “This has had profound consequences for our democracy and the participation of minorities.”

But some conservatives remain philosophically opposed to any wholesale loosening of voting restrictions. “If you’re not willing to follow the law, then you shouldn’t claim the right to make the law for someone else,” said Roger Clegg, president of the Center for Equal Opportunity, a conservative advocacy group in Washington.

Mr. Clegg, who was a senior Justice Department official in the Reagan and first Bush administrations, said that those convicted of felonies should be given the vote only case by case, when they have proved to be constructive members of society.

Some restrictions on voting date to the early years of the country or to the post-Civil-War period, while others were tightened during the “get tough on crime” era of the 1980’s.

By federal law, voter rules are mainly set by the states. As a result, even in presidential elections, former prisoners can vote in some states but not others.

Only two states, Maine and Vermont, have no restrictions, even permitting inmates to vote. At the other extreme, three states, Florida, Kentucky and Virginia, still have lifetime bans on voting by felons. Nine others bar selected groups of offenders for life.

New York, Connecticut and New Jersey, like most states, do not allow current inmates or parolees to vote.

In a ballot initiative in Rhode Island this November, voters will decide whether to restore voting rights to prisoners on parole or probation, who far outnumber inmates. Early polls show public support for the measure.

Advocates of change emphasize broad arguments about democratic process, but the racial disparities give the issue a special resonance and raise questions about the representation of minorities in politics.

In 2004, one in eight black men were unable to vote because of a felony conviction, the report said, a rate many times higher than that for other groups.

Felony convictions have left one in four black men barred from voting in five states: Alabama, Florida, Mississippi, Virginia and Wyoming, said Ryan S. King, author of the report and a policy analyst at the Sentencing Project.

But Mr. Clegg argued that the voting restrictions were applied evenhandedly, and that just because they had a disproportionate impact on one group, that did not make them racially discriminatory.

Though data on felon voting patterns are murky, a large majority of former prisoners are believed to lean Democratic. Even with a low turnout rate, their participation could make a difference in close races, experts say. Florida’s rules, for example, might have been a factor in the 2000 presidential election.

In Texas in 1997, Gov. George W. Bush signed a law eliminating a two-year wait before prisoners ending their parole could vote.

Posted by: Penny | October 12, 2006 11:13 AM

Great post! Thanks for bringing attention to this important issue (& the work Demos has done on it).

Readers might also want to note that we follow felon disfranchisement issues, as well as other democracy issues, on our Democracy Dispatches blog.

Posted by: Demos | October 12, 2006 11:46 AM

Wow Daniel thanks for the headsup. That hearing should be very interesting to say the least. If you end up attending I'd love to read about it.

Posted by: Elana | October 12, 2006 02:04 PM