To the Editor:

Re ''2008 Surge in Black Voters Nearly Erased Racial Gap'' (news article, July 21):

The Census Bureau report documenting the closing racial gap in voter participation is encouraging news, but actually understates the significance of this change.

With felony disenfranchisement laws in 48 states, an estimated five million Americans are ineligible to vote because of a current or previous felony conviction, depending on their state of residence.

Racial disparities in the criminal justice system translate into disparities in disenfranchisement as well, so that the African-American rate of disenfranchisement is more than triple the national rate. This results in a proportionally lower rate of eligible black voters than whites or other racial groups.

A study that a colleague and I conducted in Atlanta, for example, found that two-thirds of the 10-point gap in voting participation between black men and other men was explained by the higher rate of black disenfranchisement.

While we should be encouraged about the rising number of black voters, the new study is also a reminder that antiquated felony disenfranchisement laws that restrict voting after leaving prison in 35 states are undemocratic and hinder the ability of people returning from prison to rejoin the community.

Marc Mauer
Executive Director
The Sentencing Project
Washington, July 21, 2009