Felony Disenfranchisement

Taylor DilesSection VF

4/4/12

The Problem

• There are approximately 5.3 million people who cannot vote due to current state voting laws

• Four states (IA, FL, KY, VA) do not allow a convicted felon to vote ever again

• Two states (ME, VT) allow inmates in their prison system to cast ballots

• Every other state is in between these two extremes

Current Laws

Current Laws

For Felony Disenfranchisement

• The Constitution• Article I, Section IV• Under Section 2 for the 14th Amendment, “those who participate

in rebellion or crime” may have their voting rights removed• The severity of the crime necessary for such removal is not

specified, leaving it up to each individual state (10th Amendment)

• Punishment• When sent to prison, basic rights are stripped- that is your

punishment• Privacy, Free Speech, purchasing weapons, etc…

• Judgment Precedence • Children & Clinically Insane can’t vote- their judgment isn’t

trusted

Against Felony Disenfranchisement

• Constitution• 8th Amendment rules out “cruel and unusual punishment”

• Aren’t most rights restored after sentence is completed?• Article I, Section IV also allows Congress to make any changes to

voting laws they deem necessary

• Is it illegal?• Voting Rights Act of 1965 removes discriminatory voting laws

• Of the 5.3 million people currently disenfranchised, 2 million are African American

• Nationwide: 8% of African American population, compared to 2% of White Population

• 34% of African Americans in Iowa are disenfranchised (highest rate in the nation)

Mediation

• States shouldn’t control who votes in federal elections. Congress should use their power under Article I, Section IV to create a federal voting law• For state elections, current laws will stay the same

• Those convicted of a felony will not be able to vote while in prison

• Upon release from prison, right to vote is restored• 13 states and District of Columbia already practice this

law

Why?

• Prisoners deserve to be punished for their crime, and rights should be taken away

• However, when released from prison, they are free• Can buy alcohol, peacefully protest, get a job, etc…

• Current laws are not illegal• There are 15 times more men in prison than women. Is that

sexist? Of course not!

• The Constitution is very vague and open to interpretation • This finds a middle ground between the 8th and 14th Amendments

Works Cited

• "Constitution of the United States." U.S. Senate. Web. 02 Apr. 2012.• "Felony Disenfranchisement." The Sentencing Project. Web. 02 Apr. 2012.

<http:// www.sentencingproject.org/map/statedata.cfm?abbrev=NA>.• "14th Amendment." Legal Information Institute. Cornell University. Web.

02 Apr. 2012.• "Pros and Cons: Felon Voting." Felon Voting. 12 Sept. 2011. Web. 02 Apr.

2012. <http:// felonvoting.procon.org/view.resource.php?resourceID=000283>.

• "Section 2 of the Voting Rights Act." The United States Department of Justice. Web. 02 Apr. 2012.

• "Voting After Criminal Conviction." Brennan Center for Justice. New York University. Web. 02 Apr. 2012.