The ProblemThe Problem There are approximately 5.3 million people who cannot vote due to current...

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.