ON ANOTHER WAY MANY STATES KEEP BLACKS FROM VOTING

On March 26, 2014, the United Nation's Committee on Human Rights issued its report on the United States of America. It is not a very nice thing to read. SEE FULL REPORT HERE

Our country is condemned for listening to phone conversations, firing missiles at unsuspecting human beings from drones, torturing prisoners, and more. The USA has not done a very good job of living up to its self-made image of American exceptionalism...unless by exceptionalism we mean to live outside the rules of civilized society.

Sections 4 through 26 of the report cover everything from our high rate of murder due to gun violence to how we treat our indigenous people. However, Section 24, entitled simply, Voting Rights, provides the impetus for today's Martin's Musing.

According to the American Civil Liberties Union nearly six million Americans have had their Constitutional rights violated by the states in which they reside. Their voting rights have been taken away and not returned. These citizens are convicted felons who have completed their sentences. They have paid their debt to society under the law. And, whether you personally agree with it or not, according to the U.S. Constitution they should have no further barriers to the ballot box.

The U.S. has the highest incarceration rate in the civilized world with about 754 prisoners per 100,000 of population. While African-Americans comprise only 13.1% of the population of the United States, according to the U.S. Census Bureau; they account for more than 40% of the prison population, according to the Bureau of Justice Statistics. I believe this imbalance has more to do with intolerance rather than some inherent criminality within our African-American citizens.

In a report entitled, Democracy Imprisoned: A Review of the Prevalence and Impact of Felony Disenfranchisement Laws in the United States, written and presented by The Leadership Conference, the NAACP, the ACLU and others, it is estimated that 2.2 million blacks in the U.S. are currently disenfranchised. SEE FULL REPORT HERE

Forty percent of these Americans have already completed their sentences. One out of thirteen adult black Americans are unable to cast their vote. This is four times greater than that of the remaining U.S. population. In three states, Florida (23%), Kentucky (22%), and Virginia (20%), at least one in five African-American citizens is disenfranchised.

The 13th Amendment to our Constitution, which ended slavery as an institution in the United States, states in Section 1:

"Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." 

This Amendment to me is very clear. In addition to banning slavery, it finds that imprisonment and involuntary servitude are equal. State and Federal prisons obviously agree as many still require prisoners to perform involuntary service, such as road and construction gangs. Even the printing of state license plates is still a requirement of some prisoners while serving a sentence.

In Richardson v. Ramirez (1974) the Supreme Court cited the 14th Amendment as making valid the practice of felon disenfranchisement. It found an "affirmative sanction" based on the words, "except for participation in rebellion, or other crime," within Section 2.

However, Section 1 of the 15th Amendment, which provides additional clarity regarding barriers to voting, states:

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

Typically cited for recognizing the right of African-Americans to vote, this Amendment also provides that previous servitude, involuntary or not, may not bar someone from the ballot box. It sets no added restrictions regarding what type of crime or incident put you in involuntary servitude. It does not say if you were convicted of murder or rape you would be further restricted than someone convicted of armed robbery or burglary.

So, what is the problem? The problem is that certain states have decided, on their own, to place what I think are extraordinary barriers to felons even after they have served their sentences.

Some, like Maine and Vermont, have no restrictions. They allow even those imprisoned to vote along with the general population. Thirteen states and the District of Columbia allow felons to vote once they are released from prison. Twenty-four states consider probation or parole a part of their imprisonment process, allowing former prisoners to vote only after they have completed this part of their sentence as well. Thus, it seems to me, 39 states follow the U.S. Constitution.

The States of Alabama, Arizona, Delaware, Florida, Iowa, Kentucky, Mississippi, Nevada, Tennessee, Virginia, and Wyoming do not? These states clearly do not believe in forgiveness after penance.

Alabama says no to anyone convicted of a crime of moral turpitude. Arizona allows first time felons to vote after they complete their sentence, while others must petition the state for that right. Some, like Virginia and Florida, require that you wait five to seven years before you can petition for a return of your rights. Delaware requires a pardon from the Governor depending on the crime committed.

I believe the many references equating servitude and criminal conviction in the Constitution allow for disenfranchisement of those still serving their time. However, nowhere does it allow states to set their own extraordinary rules for felons who have completed their sentences. I believe the right to vote is too precious to deny.

It makes no difference your race, your creed, your gender, your color, your sexual preference, your country of origin, or your previous condition of servitude. If you are an American citizen, you should have equal access to all Constitutional rights...especially the right to vote.