Since the beginning of the year we’ve been able to create a cohort made up of organizers across the country working toward the end of nationwide felony disenfranchisement. We believe that democracy works best when everyone being governed within it has the opportunity to be involved in the democratic process, including those impacted by the criminal justice system. We cannot expect to rectify the countless issues of our ‘broken’ system without listening to the voices of those who are trapped within it. While each state has different starting points, legislative session dates, and unique key players our main in goal is the same: full restoration of citizens’ voting rights regardless of their incarceration status or their conviction history. Now that a couple of states have come to the end of their legislative session in Kentucky and New Mexico, I want to take some time to conduct an analysis of where we are so far and the patterns we are seeing collectively. There’s no way that we can be prepared to succeed in this heavy-lift if we do not take the time to learn from what we have accomplished and failed to accomplish thus far.
Organizers forced to Compromise while Democratic Reps drop the ball
In New Mexico legislative session ended earlier this month on March 16th. Millions for Prisoners (M4P) Organizers were forced to compromise time and time again in order to keep their bill, HB 57 introduced by Representative Gail Chasey, alive. In addition to having their voting rights stripped while in prison, released individuals must complete their probation sentence prior to having their voting rights restored. New Mexico’s HB 57 demanded full restoration, along with New Jersey and Massachusetts, organizers wanted to make sure that incarcerated citizens would have their voices heard.
Sadly, a string of unsettling trade-offs began with a heart watching agreement between M4P organizers and centrist Democrats derailing their bill from its original intention to partial re-enfranchisement in order for HB 57 to be allowed to be assigned to a committee. After centrist Democrats whittled the bill down to partial re- enfranchisement, again organizers were forced to compromise in order to have their bill to be given a hearing for a vote. After the bill made it successfully through the committee hearing with a vote majority vote to pass to the House floor, organizers were asked to compromise yet again in order to have their bill heard on the floor. Rather than it being introduced as a bill, centrist Democrats wanted to add the bill as an amendment to other voting laws that had been introduced. This would be done in the hope that the bill would be voted on easily and quickly seeing as there were only a few days left in the legislative session. Placing their full trust in their representatives, organizers agreed to reduce the bill to an amendment.
While each of the compromises were reluctantly made by organizers on HB 57, deceitful Democrats failed to bring the bill to the floor for a vote. It rolled on the floor schedule for four days straight. With the legislation reduced from a standalone bill, once the session ended there was no record of where each representative stood on felony disenfranchisement. With it being introduced as an amendment, the bill was effectively erased from the floor. After years of organizing, heavy lobbying, passing through the committee and countless compromises organizers had been completely lied to and swindled out of, not only a chance to have their bill voted on, but also conned by their own Democratic ‘allies’ out of the opportunity to know exactly where each individual legislator stood on the issue.
The centrist Democrats who played the field of liberal voters in order to gain momentum knew exactly what they were doing in their conversations with Right2Vote activists. Now organizers would have to wait another two years before the next 60 day legislative session. While HB 57 didn’t make it through both houses of the senate, the following criminal justice reform bills did and are now in the last phase requiring a signature from Governor Lujan Grisham, in order for them to become law: HB364 (Corrections Restricted Housing Act), HB370 (Criminal Record Expungement), HB564 (Probation and Parole Reform), HB 364 (Solitary Confinement Reform), HB 370 (Criminal Record Expungement) and HB 564 (Probation and Parol).
Permanent Ban in Kentucky Challenged in Both Houses
Similarly in Kentucky Right2Vote bills fought for attention in the legislature. Kentuckians for the Commonwealth (KFTC) organizers competed with hundreds of other pieces of legislation in order to make their’s a priority. Currently Kentucky state law places a permanent ban from voting on those who are convicted, even after completing their prison time and community custody requirements. In order to have voting rights restored an individual must petition the governor after a post sentence waiting period, resulting in the loss of voting rights for over 312,000 Kentuckians, including 240,000 who’ve already completed their sentences.
Kentucky and Iowa are the only two states left in the country where even a class D felony will result in the permeant loss of an individual’s voting rights. In order to correct this issue a change in the Kentucky state constitution is required in Section 145. Organizers have attempted to do this through the introduction of HB 70 in the General Assembly, which would automatically restore the voting rights of residents after the competition of their parole. While this isn’t our end goal, this is an incredible step forward towards ending permanent felony disenfranchisement in the state, restoring the votes of 77% of Kentuckians that are currently disenfranchised as a result of former convictions. Many of which that have been barred for decades after completely turning their lives around, including KFTC member Robert Jones of Franklin Country who shares, “I serve in the U.S. military and could be asked to take a bullet for this democracy, but I’m not allowed to participate in it…By denying that, it’s really denying my fundamental rights.” Another KFTC member, Sandy Holbert shares her frustration with Kentucky’s extreme disenfranchisement laws, “I’m a former felon, but that’s not all I am. I’m a mother of four, daughter, a sister, a Sunday school teacher, a social worker and so much more. When I received notification that I could no longer vote…I felt like someone had just stripped me of my voice.” Essentially that’s exactly what is being done in this country where millions of people who are participating in the institutional, economic and social aspects of society without any right to be involved in the arguably most significant aspect of our society, democratic government which by definition includes the participation all members of the whole population.
Interestingly there was a voting rights restoration bill introduced in both houses of congress. Along with voting rights bills introduced in the Assembly another, SB 238, was also introduced in the Senate . While SB 238 didn’t make nearly as much progress with only two sponsors compared to HB 91, another voting rights bill introduced by Representative George Brown that had 8 cosponsors and received a discussion hearing before the end of the legislative session a few days ago on March 28. Like New Mexico in order for either of these voting restoration bills to go into effect it would need to pass in both houses as well as be signed by the governor before the end of the session. Thankfully, unlike New Mexico, Kentucky’s legislature will open back up in January. According to Representative Attica Scott, another voting restoration bill will most likely be filed again by the pre-file deadline April 28th.
Multi-Year Effort with the Nationwide R2V Cohort
In both states KFTC and M4P organizers continue to be committed to restoring the voting rights of those impacted by incarceration. A felony conviction should not strip anyone of their ability to participate in the civic process of voting, especially within a democratic government. Knowing that introducing bills during the legislative session isn’t the only way to influence democracy organizers are adding circulating national and statewide petitions to restore felon voting rights.
Along with promoting citizen initiated legislation, elections are also coming up. With the Kentucky state governor seat opening during the Kentucky gubernatorial election on November 5, 2019 and New Mexico’s legislators being up for election in both houses November 3, 2020 those in support of R2V bills have an opportunity to make some significant legislative changes according to legislators actions this year. It’s essential that we hold them accountable. Knowing that the restoration of voting rights creates political power for marginalized groups we understand that the Right2Vote campaign will evolve into a multi-year initiative in many states. Understating that the right2vote is a critical aspect of citizenship for both prisoners and formally incarcerated individuals organizers are committed to restoring those rights and through the newly established nationwide collaboration of the Right2Vote Campaign we know we will move forward, faster together.
Kentucky Petition to end felony disenfranchisement: http://kftc.org/resources/voting-rights-petition-2019
