Historical Overview
Felony disenfranchisement refers to laws and policies that restrict voting rights for individuals convicted of felonies. The history of felony disenfranchisement in the United States reveals a pattern of systemic discrimination and the intentional suppression of voting rights for Black and brown communities. Following the Civil War, many states implemented felony disenfranchisement policies, with 29 states enacting such laws by 1869. These policies emerged in a context where racial tensions were high, and newly emancipated Black Americans gained the right to vote. The intent behind felony disenfranchisement was often rooted in maintaining white political dominance and suppressing the political power of Black Americans.
One significant aspect of the history of felony disenfranchisement is its close association with Jim Crow laws and practices. Jim Crow laws were explicitly designed to deny people of color equal opportunities in various aspects of life, including voting. In the post-Reconstruction period, Southern states tailored their disenfranchisement laws to specifically target Black male voters, focusing on offenses believed to be committed most frequently by the Black population. The use of criminal convictions as a tactic to suppress the voting rights of Black communities was strategic and deliberate. By targeting offenses associated with the Black population, such as minor theft or vagrancy, these laws disproportionately impacted Black individuals and limited their ability to participate in the democratic process. The aim was to perpetuate racial inequality and maintain white supremacy by silencing the voices of marginalized communities.
Felony disenfranchisement has had a lasting impact on voting rights for Black and brown communities. These policies, rooted in historical racism and discrimination, continue to disproportionately affect these communities today. The mass incarceration of Black and brown individuals, coupled with felony disenfranchisement laws, has resulted in a significant loss of voting power and political representation for these communities. Efforts to address this issue include advocating for the restoration of voting rights for individuals with felony convictions and challenging the disproportionate impact of these laws on marginalized communities. Recognizing the connection between felony disenfranchisement and systemic racism is crucial for advancing a more equitable and inclusive democracy.
Felony Disenfranchisement
Felony disenfranchisement persists today and continues to perpetuate cycles that impact Black and brown communities in several ways. Despite some progress in recent years, many states still maintain disenfranchisement laws that restrict voting rights even after individuals have completed their sentences. This means that an estimated 2.2 million people are disenfranchised due to these state laws, with a disproportionate impact on communities of color. Black Americans of voting age are nearly four times as likely to lose their voting rights compared to the rest of the adult population. In some states, such as Alabama, Florida, Kentucky, Mississippi, Tennessee, Virginia, and Wyoming, more than one in seven Black adults are disenfranchised. In total, 1.8 million Black citizens are banned from voting. These numbers demonstrate the significant and unequal impact felony disenfranchisement has on Black and brown communities.
The legality of felony disenfranchisement is a complex issue. Disenfranchisement policies have faced legal challenges in the past, with one notable case being Richardson v. Ramirez in 1974. In this case, the U.S. Supreme Court upheld California’s felony disenfranchisement policies as constitutional, citing Section 2 of the Fourteenth Amendment. The majority opinion interpreted Section 2 as allowing the denial of voting rights for participation in rebellion or other crimes, even though Section 1 of the Fourteenth Amendment prohibits restrictions on voting rights without a compelling state interest. Critics argue that the language of the Fourteenth Amendment does not necessarily exempt felony disenfranchisement from the application of the Equal Protection Clause. They contend that our interpretation of the Equal Protection Clause should consider how our understanding of equality has evolved since the amendment was ratified in 1868. By reexamining the application of the Equal Protection Clause, it may be possible to challenge the constitutionality of felony disenfranchisement laws and address the discriminatory impact they have on marginalized communities.
Overall felony disenfranchisement further marginalized and stigmatized individuals who have already served their sentences, impeding their successful reintegration into society. The denial of voting rights can also contribute to a sense of civic alienation and disempowerment among affected individuals and communities. This, in turn, undermines the democratic principles of equal representation and participation. By disproportionately impacting communities of color, these laws contribute to the underrepresentation of these communities in the political process. The absence of their voices and perspectives hinders the development of inclusive policies and perpetuates systemic injustices. Addressing felony disenfranchisement requires both legal reforms and a broader societal recognition of the importance of restoring voting rights to individuals who have completed their sentences. Efforts to restore voting rights and challenge discriminatory laws are essential steps toward dismantling the barriers that perpetuate cycles of disenfranchisement and inequality in Black and brown communities.
Impact
Acknowledging the harmful impacts of felony disenfranchisement and working to eliminate it is of utmost significance, especially as it pertains to Black and brown communities. For example, felony disenfranchisement laws disproportionately affect people of color. The research shows that one in every 16 Black adults in the United States is disenfranchised due to a felony conviction. In seven states, more than one in seven Black adults are disenfranchised. These statistics reveal a significant disparity in access to the fundamental right to vote based on race. Felony disenfranchisement laws also contribute to the structural barriers that hinder racial justice in the country. By denying the right to vote to a substantial number of Black and brown individuals, these laws perpetuate systemic inequalities and undermine the principles of equal representation and democratic participation. Moreover, denying the right to vote to an entire class of citizens, even after they have completed their sentences, is counterproductive to effective reentry and rehabilitation. Restoring voting rights plays a crucial role in promoting civic engagement, reintegration, and reducing recidivism rates. Recognizing the importance of restoring voting rights as part of the reentry process is essential for fostering successful transitions back into society.
Additionally, public opinion surveys indicate that a clear majority of U.S. residents, including both Democrats and Republicans, support restoring voting rights for citizens who have completed their sentences. This demonstrates a growing recognition of the need to address the disenfranchisement of individuals with felony convictions. In such, many states have taken steps to reform felony disenfranchisement laws. Since 1997, 25 states and Washington, DC, have expanded voter eligibility and informed individuals with felony convictions of their voting rights through legislative or executive action. This progress reflects a shift in attitudes towards restoring voting rights and promoting more inclusive democracy.
Addressing felony disenfranchisement requires ongoing efforts to challenge and reform these laws. By eliminating lifetime bans on voting, expanding voting rights to individuals on probation and parole, and informing individuals with felony convictions of their voting rights, states can take significant steps towards advancing racial justice, promoting civic engagement, and fostering a more inclusive democracy in the United States.
References
American Civil Liberties Union. “Felony Disenfranchisement Laws.” ACLU, www.aclu.org/issues/voting-rights/voter-restoration/felony-disenfranchisement-laws.
Pew Research Center. “Public Support for Restoring Voting Rights for Former Felons.” Pew Research Center, October 22, 2018. Accessed May 28, 2023. https://www.pewresearch.org/politics/2018/10/22/public-support-for-restoring-voting-rights-for-former-felons/.
Sentencing Project. “Felony Disenfranchisement.” The Sentencing Project, www.sentencingproject.org/issues/felony-disenfranchisement/.