The Right to Vote

on September 27, 2008 at 4:52 PM, updated September 28, 2008 at 2:45 PM

The right to vote freely for the candidate of one's choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government. Reynolds v. Sims, 377 U.S. 533 (1964)

We demand that inmates integrate into our society as full, taxpaying members with responsibilities that we all have including maintaining employment and demonstrating fiscal responsibility and adhering to the rule of law and to our cultural and ethical standards. With this demand we need to consider the barriers they face in their road through reentry and recovery. These barriers are massive and still exist but more important is the barrier of society's negative attitude and low expectations of who they are and their ability to improve. While we hold them accountable we need to hold them up and support and guide their recovery. Mental health services, drug treatment, employment and housing are only a few of the essential services that will help normalize their recovery and give them standing in our communities. Allowing both parolees (those released from prison), and probationers (those whose prison sentence has been suspended in favor of probation), to express their opinion at the voting booth is also part of the process of reentry and recovery. We need to support all efforts to make this happen.

Criminal disenfranchisement "may have had its origin in the medieval concept of 'civil death,' where certain offenders lost all of their rights and property. It dates to colonial times in this country. When all African Americans and women of any race were barred from voting there would not have been sentiment for opening the doors to criminals. ...some southern states in the late 19th and early 20th centuries went so far as to tailor their disenfranchisement laws to bar those convicted of crimes thought to be disproportionately committed by blacks while retaining rights for those whose crimes were thought to be committed more by whites."*

According to an October 1998 census, New Jersey reported 138,300 disenfranchised felons: inmates, parolees or probationers unable to vote. A disproportionate percentage was African American men. (from "Losing the Vote", 1998, 'The Sentencing Project').

To vote in New Jersey, a person must have registered with election officials and be a United States citizen at least 18 years old, reside in this state and have lived at his or her address for at least 30 days. However, you cannot vote in this state if you are serving a prison sentence, on probation or on parole, according to the laws of New Jersey.

New Jersey's original statute written in 1799 bars voting rights to anyone "convicted of blasphemy, treason, murder, piracy, arson, rape, sodomy, or any infamous crime against nature, bigamy, robbery, conspiracy, forgery or larceny." A 1948 state Supreme Court ruling essentially upheld this. Our present state law (19:4-1 of the New Jersey statutes) bars anyone from voting "who is serving a sentence or is on parole or probation as the result of a conviction of any indictable offense under the laws of this state or another state or the United States" **

Not every state is as restrictive as New Jersey: "three states place no voting restrictions on convicted felons. Another 15 plus the District of Columbia deprive convicted offenders the right to vote only while they are in prison, and 3 states deny the vote to offenders while they are in prison or on parole. New Jersey is one of 14 that bar voting by anyone sentenced to prison, on parole, or on probation"

If we allowed all inmates, parolees and probationers to vote, some might feel that they would go to the extreme of organizing support for an unreformed gang leader or some other 'vicious felon' supporting violence and dictatorship similar to some third world nations. But this type of tyranny would not be allowed in our democracy and it is unlikely that a person with that kind of 'platform' would garner enough support even to be a candidate for any office. So what is the basis for continuing our New Jersey law disenfranchising thousands?

In New Jersey we allow a former felon to vote once he or she has completed the legal requirements of his/her sanction and has no further legal ties. On the other hand we expect and even mandate that former inmates, parolees or probationers find employment in the face of job applications asking the question about prior convictions. Little employment has come to those checking the 'prior convictions' box on the job application.

Meanwhile, at Integrity House, over 150 of our staff are former addicts with a prior record. These people are bright, creative and essential to our workforce and to achieving our mission. I did not hire them as a gesture of charity. In recovery, these men and women of voting age, have much to offer in the example they set for others like themselves. They have much to tell our political system about how to improve it and reform it in a way that would enhance the likelihood of success for others like themselves - those entering the criminal justice system because of crimes related to the illness of addiction. People who are serious about their recovery need to be allowed to demonstrate their understanding and knowledge through the right to vote even while on parole or probation.***

I have a right to speak freely on these historic steps about an issue that has hurt and disenfranchised entire segments of our population over hundreds of years. This is why I am strongly recommending that our government and legislature consider lifting the voting restriction for parolees and probationers. It will complement and strengthen the reentry process as it will the process of addiction recovery.

The right to vote is just that, 'a right'. When we take that right away from people we have taken a piece out of our democracy and we further restrict the very freedom on which our country was founded.

*"Restoring the Right to Vote: Isn't it Time?" By Jon Shure and Rashida MacMurray, October 2000
** Ibid
*** Ibid