Essay: Felon What? The 6 Million Missing Voters from American "Democracy" - by Aqsa Bhatti

Democracy is failing, and America is not the land of the free.

For centuries, laws in North America have deprived women, people of colour, and the poor of their rights.[2] Today, felon disenfranchisement laws continue to impose on the civil rights of felons – America’s most disadvantaged group.[3]

But who are felons? What is “felon disenfranchisement”? And why is it a threat to democracy?

To be ‘franchised’ is to have the right to vote. This basic civil right is central to any democratic nation and essential to the fundamental principles of democracy. It’s how we – the people – exercise our power through a system of fairly electing our representatives.[4]A felon, on the other hand, is someone who is found guilty of committing a crime – violent or not – and punished by being imprisoned for over a year.[5]So, put together, felon disenfranchisement is the exclusion from voting of people who have currently or previously been convicted of a felony.[6]Let’s call these ‘laws that prohibit Americans from voting’ or ‘revoked civil rights’.

As of 2016, approximately 6.1 million people in the United States don’t have the legal right to vote due to a felony conviction.[7]These citizens comprise roughly 2.6% of the voting-eligible population. Although this percentage may not appear large, there are more citizens in the United States that don’t have the right to vote than the total population of countries like Singapore, Denmark, and Lebanon.[8]Approximately 50% of these ex-felons have completed their jail time, required probation, or parole period.[9]While many of these American’s right to vote is permanently revoked, even after the successful completion of their sentence and reintegration into the community.[10]

In a country that has the highest incarceration rate of any modern democratic nation, laws that prevent prisoners from voting, threaten American democracy.[11]Felon disenfranchisement is one of the most pressing civil rights violations today, requiring immediate state and federal policy reform.[12]

In America? Yes, It’s a “Race Thing”

Within the United States, there is a significant amount of state variation in who has the right to vote. In 10 states – including Florida, Kentucky, and Iowa – ex-felons may lose their voting rights permanently.[14] While, the other 40 states vary in severity. There are only 2 states in the entire nation that don’t restrict voting rights and allow felons to vote, even from prison.[15] These states are Maine and Vermont, whose White population happens to be over 90%.[16]

Nationally, 33% – or 1 in every 5 – of African-Americans being disenfranchised, despite comprising only 13% of the national population.[17]

American sociologist – Robert R. Preuhs – tested for explanations of state variation in felon disenfranchisement laws. He found that the size of a state’s minority population is a primary factor in determining how severe it’s policy on prohibiting the right to vote is.[18]These laws represent the states’ remaining freedom to restrict electoral participation from racial minorities. 

It is no surprise that the laws that prohibit felons from voting are rooted in America’s legacy of racism. A legacy originated with slavery, replaced by racial segregation of Black and White Americans, now maintained by mass incarceration and felon disenfranchisement laws. 

Although the denial of voting rights on account of race, colour, or previous slavery is prohibited under the Constitution, explicit exception is made for people who “participate in rebellion, or other crime”.[19]Thus, the Fourteenth Amendment enabled the former slave states to subvert the amendment's very purpose, and instead attach disenfranchisement as a consequence for crimes that legislators believe are more likely committed by African-Americans.[20]These crimes are primarily non-violent drug offences – punished with lengthy mandatory sentences – resulting in the mass incarceration of Blacks and Latinos.[21]

Today, sociologists have developed the myth of ‘colourblind laws’ as a concept to better understand and explain laws that discriminate against people of colour.[22]While colourblind laws appear neutral and objective, they are explicitly biased in their writing and/or application. State felon disenfranchisement laws are a form of racism masked by this myth of colourblindness, which maintain and worsen racial disparities in the United States. 

Political Impact: Missing Votes are Imprisoning Democracy

Although felon disenfranchisement laws are rooted in America’s legacy of racism, the revoked civil rights of any American – independent of their race – is at odds with democracy. 

But, who benefits when over 6 million American’s are restricted from voting?

Historically, felon disenfranchisement laws have predominantly benefited political conservatives who continue to incentivize more restrictive voting laws.[23 ]A study by renowned sociologists Christopher Uggen and Jeff Manza found that as many as seven senatorial elections since 1978 would have had different outcomes without felon disenfranchisement laws.[24] They also found a slight advantage to Republican candidates in every presidential and senatorial election from 1972-2000.[25]

Interested now?

In the 2002 Federal election, George W. Bush become the forty-third President of the United States when he won the state of Florida by 537 votes.[26] What would have happened if the silenced vote of nearly 600,000 disenfranchised Floridians was heard? Al Gore would have been elected President (based on the number of democrats in the state who couldn’t participate in the election).[27] This would have meant health care for millions of Americans, action on climate change, and no Iraq War. If these American’s had the right to vote many failures by the Bush administration wouldn’t have occurred. 

If you’re a Republican, you may not want to hear that. But, if you’re an American, if you believe in democracy and the value of your civil rights, then you certainly should opposefelon disenfranchisement. 

The revoked electoral power of Americans – even after many have paid their debt to society – has tremendous national and global consequences. As the head of state and leader of a global superpower, the elected President of the United States governs foreign policy and international relations which impact American, Canadian, and global citizens. 

Although Manza and Uggen’s study was conducted in 2002, they suggested that similar results would yield in future elections with a continued rise in felony charges.[28] Thus, if they did their study today, they would have found that certain red states in the 2016 election would have otherwise gone blue. This could mean an America without Donald Trump. 

To All the Critics 

The main argument for those in favour of felon disenfranchisement is that, “if you can’t follow laws, then you shouldn’t help make them”. 

However, voting – like other rights – is not a privilege which the government grants its citizens. It is fundamental to a democratic society.[29 ]Americas Northern (and nicer) neighbours hold that, “democracy is premised on the notion that the voters select the politicians, not the politicians who select the voters."[30]

Prisoners and ex-convicts are the last group to be excluded from the vote, making them second-class citizens and placing them outside the laws that apply to all other citizens.[31]According to the John Howard Society of Canada, “voting is an act which emphasizes the value of order and the rule of law. By allowing inmates to exercise their right to vote, we allow them to influence law and policy in a constructive manner.”[32] Allowing inmates and ex-felons to vote includes them in law-making processes, rather than excluding them and thereby extending the alienation from society that many already feel. 

Those in favour of restricting the right to vote also believe that advocates like us are ‘soft on crime’. I have too been a victim of a crime. Many of us know someone who is. The Criminal Justice System is permitted to proportionately punish a criminal based on the crime they have committed. Thus, also taking away their civil rights is disproportionate. For instance, giving a child a week of detention during their lunch break is proportionate if they hit another student. Once they have completed their week ‘sentence’ they should not be prohibited from participating in class discussions and activities for the rest of their education!

Felon disenfranchisement…revoked civil rights…not being able to vote…however we refer to this injustice, is a violation of basic civil rights in a free democratic nation. Whether you’re a Republican or Democrat, White or Black, or simply American. 

“Now What?”

Felon disenfranchisement impacts current offenders, ex-felons, the state, and ultimately the political makeup of the United States, including future legislation and policies which impact the globe. As these policies directly threaten democracy, felon disenfranchisement merits public attention and federal reform. 

Virginia Governor Terry McAuliffe’s recent executive order – which restored voting rights for over 200,000 Virginians with felony convictions – illustrates the powerful leadership desperately needed across the nation to combat this injustice.[33]Unless states and their representatives – like Governor McAuliffe in Virginia – step up, America requires federal reform. Numerous studies suggest that states are not equipped to deal with the issue of felon disenfranchisement alone.[34] Based on the evidence presented of racially-discriminatory variation in disenfranchisement policies across states, there should be a uniform national standard.[35]

If I have challenged you and your assumptions, I challenge you to confront lawmakers and existing state-based legislation by suggesting policy reform and generating dialogue on this extremely pressing civil rights issue. 

Do you disagree? Are you angry? Continue the dialogue by using the hashtag #6Million.

 

References

Aviram, Hadar, Allyson Bragg, and Chelsea Lewis. 2017. "Felon Disenfranchisement." Annual Review of Law and Social Science13:295-311.

Brooks, George. 2005. "Felon Disenfranchisement: Law, History, Policy, and Politics." Fordham Urban Law Journal32(5):851-900.

Eisenberg, Lynn. 2012. "States as Laboratories for Federal Reform: Case Studies in Felon Disenfranchisement Law." New York University Journal of Legislation and Public Policy 15(2):539-584.

John Howard Society of Canada. “Why Should Prisoners have the Right to Vote?” John Howard Society of Canada. Retrieved February 6, 2018 (http://johnhoward.ca/wp-content/uploads/2016/12/Why-Should-Prisoners-have-the-Right-to-Vote.pdf)

Legal Match. “Definition of Felony”. Retrieved February 6, 2018 (https://www.legalmatch.com/law-library/article/what-is-a-felony.html).

Merriam-Webster. “Definition of Democracy”. Retrieved February 6, 2018 (https://www.merriam-webster.com/dictionary/democracy).

Miller, Bryan and Joseph Spillane. 2012. “Civil Death: An Examination of Ex-Felon  Disenfranchisement and Reintegration.” Punishment & Society14(4):402-428.

Miller, Bryan and Laura E. Agnich. 2016. “Unpaid Debt to Society: Exploring How Ex-Felons View Restrictions on Voting Rights After the Completion of Their Sentence.” Contemporary Justice Review 19(1):69-85.

Nelson, Janai S. 2016. “Felon Disenfranchisement Is Anti-Democratic.” The New York Times, April 22. Retrieved February 6, 2018 (https://www.nytimes.com/roomfordebate/2016/04/22/should-felons-ever-be-allowed-to-vote/felon-disenfranchisement-is-anti-democratic)

Powell, Lauren Latterell. 2017. "Concealed Motives: Rethinking Fourteenth Amendment and Voting Rights Challenges to Felon Disenfranchisement."Michigan Journal of Race & Law 22(2):383-410.

Preuhs, Robert R. 2001. “State Felon Disenfranchisement Policy.”Social Science Quarterly 82(4):733-748.

ProCon. 2017. “State Felon Voting Laws.” Retrieved January 24, 2018 (https://felonvoting.procon.org/view.resource.php?resourceID=000286) 

The Sentencing Project. 2016. “Felon Disenfranchisement.” The Sentencing Project, October 6. Retrieved January 14 (https://www.sentencingproject.org/issues/felony-disenfranchisement/)

Uggen, Christopher and Jeff Manza. 2002. "Democratic Contraction? Political Consequences of Felon Disenfranchisement in the United States." American Sociological Review 67(6):777-803.

Worldometers. “Countries in the World by Population (2017)”. Retrieved February 7, 2018 (http://www.worldometers.info/world-population/population-by-country/).