One in 13 African Americans can't vote because of felonies, but rate in Louisiana falls below national average

WASHINGTON - One in every 40 adults - and one in every 13 African Americans - can't vote because of felony convictions, according to a report released Thursday by The Sentencing Project. In Louisiana, where those serving time as well as those on probation or parole cannot vote, the disenfranchisement rate is 3.28 percent, higher than the national average of 2.5 percent, but well below the rate in states like Alabama, Mississippi, Florida, Kentucky, Virginia and Tennessee, even though Louisiana has far and away the highest incarceration rate in the nation. Indeed, the African-American disenfranchisement rate of 6.76 percent in Louisiana is a bit below the national average of 7.66 percent, and only a fraction of what it is in some of those other Southern and border States.

norris-henderson.jpgNorris Henderson, a former Angola inmate is now an advocate for ex-prisoners who emphasizes that in Louisiana, regaining the vote after completing prison, probation and parole, is not that difficult.

In three states - Florida, Kentucky and Virginia - one in five African Americans can't vote because of their criminal record.

In New Orleans, Norris Henderson recognizes that the fact that Louisiana posts more modest disenfranchisement rates than many other states, surprises people.

By reputation, and because of its record-high incarceration rate, "you would think we'd be the worst place, but it's a whole lot better than a whole bunch of places," said Henderson, who in 2004 launched VOTE - Voice of the Ex-Offender - which has worked with great success to spread the word that reclaiming voting rights in Louisiana is far less onerous than many people suppose.

The big difference is that Louisiana, unlike those states with far higher rates of disenfranchisement, permits felons to reclaim their vote once they complete their term of incarceration, probation and parole. All an ex-felon has to do to register or remove the flag from an earlier registration, is to produce for the voter registrar's office the papers indicating that they have completed their sentence, probation or parole.

"We don't' have to jump through any hoops to get the franchise back, you just have to be clear of supervision to be in the mix," said Henderson.

It wasn't always so simple. Before the state Constitution was rewritten in 1974, a felon needed a gubernatorial pardon to have his or her voting rights restored.

But, Section 10 of the Articles of Rights of the new Constitution states that, "Every citizen of the state, upon reaching eighteen years of age, shall have the right to register and vote, except that this right may be suspended while a person is interdicted and judicially declared mentally incompetent or is under an order of imprisonment for conviction of a felony."

Henderson said that the term "under an order of imprisonment for conviction of a felony," has been interpreted to include being on probation or parole.

Louisiana is one of 19 states that deny the vote to felons while they are serving time or remain on probation or parole. Eleven states - the ones with the highest disenfranchisement rates - generally deny the vote to ex-felons.

Two states - Maine and Vermont - have no restrictions. People currently serving sentences can vote. Thirteen other states only deny the vote to inmates actually behind bars. They are Hawaii, Illinois, Indiana, Massachusetts, Michigan, Montana, New Hampshire, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island and Utah. Five states don't allow those in prison or on parole to vote, but do allow those on probation to vote.

The figures in the report represent the best estimates as of the end of 2010.

In Louisiana, according to the report, 111,894 people were disenfranchised - 39,445 were in prison, 3,648 in jail, 26,202 on parole and 42,599 on probation, out of a voting age population of 3.4 million, for a disenfranchisement rate of 3.28 percent.

The Sentencing Project is a national non-profit organization engaged in research and advocacy on criminal justice and juvenile justice reform This report was written by Christopher Uggen, a sociology professor of at the University of Minnesota; Sarah Shannon, a Ph.D. candidate at the University of Minnesota, and Jeff Manza, a sociology professor at New York University.

The issue of felon disenfranchisement surfaced briefly during the Republican presidential primary campaign, at a debate in South Carolina in January, at which former Pennsylvania Sen. Rick Santorum, supported reenfranchisement opportunities on the Louisiana model, while former Massachusetts Gov. Mitt Romney, supported the more restrictive policies that obtain in those states where up to one in five African Americans cannot vote.

Santorum raised the issue in response to an ad the pro-Romney super PAC, Restore Our Future, ran, attacking Santorum for purportedly voting to allow felons to vote while still in prison. What Santorum had voted for was legislation that would allow for restoration of voting rights after a felon has completed his or her prison term and probation or parole.


When Romney did not directly respond, Santorum pressed the issue.

"I'm asking you to answer the question," said Santorum. "This is Martin Luther King Day. This is a huge deal in the African-American community, because we have very high rates of incarceration, disproportionately high rates, particularly with drug crimes, in the African-American community."

"The bill I voted on was the Martin Luther King Voting Rights bill," Santorum continued. "And this was a provision that said, particularly targeted African-Americans. And I voted to allow them to have their voting rights back once they completed their sentence. Do you agree with that?"

"I don't think people who have committed violent crimes should be allowed to vote again. That's my own view," said Romney.

Christopher Uggen, one of the authors of the report, said that what most surprised him in his research was learning how sympathetic most Americans are to the right of felons to regain their voting rights.

According to the report, "Public opinion research shows that a significant majority of Americans favor voting rights for probationers and parolees who are currently supervised in their communities, as well as for former felons who have completed their sentences. How much difference would it make if state laws were changed to reflect the principles most Americans endorse? The answer is straightforward: Voting rights would be restored to well over 4 million of the 5.85 million people currently disenfranchised."

In New Orleans, Henderson said that voting, like other forms of civic engagement, can be a powerful deterrent to recidivism.