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Could California be the latest state to restore voting rights to felons?

18 Feb 2023 By theguardian

Could California be the latest state to restore voting rights to felons?

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Had he been able to vote during that time, he said he would have maintained some hope that his community still cared about him.

California is one of at least three states where lawmakers this year have introduced proposals to allow citizens to vote while serving time for felonies in state and federal prison. Democratic lawmakers in Massachusetts and New York have also filed bills and amendments to end felony disenfranchisement.

If any of the proposals succeed, the states would join Maine, Vermont and Washington DC in allowing people to vote while incarcerated. Along with the states restoring rights to people with felony convictions upon release from prison, this marks a time when states are slowly erasing Jim Crow-era laws that have prevented people with felony convictions from ever fully regaining their rights.

But advocates still face steep challenges.

While Washington DC successfully ended felony disenfranchisement in July 2020 when the city council passed a bill unanimously, the efforts this year will face uphill battles, and other states that have attempted to do the same in recent years have run into roadblocks. In Oregon, a legislative attempt stalled in early 2022, despite strong support from Democratic lawmakers. And legislation proposed in Illinois also stalled in committee. Similar unsuccessful bills have also been introduced in Hawaii, Massachusetts, New Mexico and Virginia.

Across the country, an estimated 4.6 million Americans are barred from voting due to a felony conviction, according to the Sentencing Project, a research and advocacy group focused on decarceration. The rate at which African Americans are disenfranchised currently is 3.5 times higher than non-African Americans.

Of the more than 95,000 people in the California state prison system, 80% are people of color or people from poor and disadvantaged communities, according to Antoinette Ratcliffe, executive director of California-based non-profit Initiate Justice.

To become law, the constitutional amendment would need to pass with a two-thirds vote in both chambers of the legislature and then be approved by a majority of voters on the ballot.

A number of states have taken measures in recent years to extend voting rights to people on probation and parole, including California, where voters approved Proposition 17 in 2020, allowing people on parole to vote. California is now one of 21 states where people lose their right to vote while incarcerated but regain the right upon release.

This year, the Democratic-controlled Minnesota house of representatives passed a bill that would restore voting rights to individuals on parole, probation or community release, and now the bill heads to the state senate, which is also controlled by Democrats. In Kentucky, Missouri, Nebraska, Texas and Virginia, lawmakers have also proposed bills to ease restrictions on voting rights for people with felony convictions.

Progress has been stymied in other states, including North Carolina, which restored voting rights to roughly 56,000 people on parole and probation before the 2022 election. But the now Republican-controlled state supreme court heard a challenge to the law in early February and appears poised to roll back that expansion.

Bryan said he hopes his proposed constitutional amendment will get more states thinking about restoring voting rights to everyone.

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