bobbyw24
01-06-2010, 02:16 PM
OLYMPIA, Wash. — Incarcerated felons should be allowed to vote in Washington to ensure that racial minorities are protected under the Voting Rights Act, a federal appeals court ruled Tuesday.
The 2-1 ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals means the more than 18,000 felons behind bars in the state could get back their right to vote – without having to wait until they are released from prison and are no longer on probation or parole. The ruling also could open the door to similar lawsuits in the 9th Circuit's eight other states and two territories.
The issues it raises about racial bias in the justice system are not unique to Washington, said Marc Mauer, executive director of The Sentencing Project, a Washington, D.C., group promoting sentencing reform.
"They are issues that permeate the justice system and are relevant in every state," he said, adding that an estimated 5.3 million people nationwide are ineligible to vote because of felony convictions.
The panel's ruling overturned a 2000 decision by a district judge in Spokane. That judge had found that Washington's felon disenfranchisement law didn't violate the Voting Rights Act, and had dismissed a lawsuit filed by a former prison inmate from Bellevue.
The two appellate judges ruled that disparities in the state's justice system "cannot be explained in race-neutral ways."
Of the more than 18,000 felons in state custody in Washington who could get back their right to vote, 37.1 percent are minorities. Of that group, blacks make up the largest percentage, at 19.2 percent.
Tuesday's ruling affects only Washington state but could be the basis for litigation in any area covered by the 9th Circuit – Oregon, Idaho, Montana, California, Nevada, Arizona, Alaska, Hawaii, Guam and the Northern Marianas, said Janelle Guthrie, spokeswoman for Attorney General Rob McKenna.
Story continues below
http://www.huffingtonpost.com/2010/01/05/felons-in-prison-should-b_n_412593.html
The 2-1 ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals means the more than 18,000 felons behind bars in the state could get back their right to vote – without having to wait until they are released from prison and are no longer on probation or parole. The ruling also could open the door to similar lawsuits in the 9th Circuit's eight other states and two territories.
The issues it raises about racial bias in the justice system are not unique to Washington, said Marc Mauer, executive director of The Sentencing Project, a Washington, D.C., group promoting sentencing reform.
"They are issues that permeate the justice system and are relevant in every state," he said, adding that an estimated 5.3 million people nationwide are ineligible to vote because of felony convictions.
The panel's ruling overturned a 2000 decision by a district judge in Spokane. That judge had found that Washington's felon disenfranchisement law didn't violate the Voting Rights Act, and had dismissed a lawsuit filed by a former prison inmate from Bellevue.
The two appellate judges ruled that disparities in the state's justice system "cannot be explained in race-neutral ways."
Of the more than 18,000 felons in state custody in Washington who could get back their right to vote, 37.1 percent are minorities. Of that group, blacks make up the largest percentage, at 19.2 percent.
Tuesday's ruling affects only Washington state but could be the basis for litigation in any area covered by the 9th Circuit – Oregon, Idaho, Montana, California, Nevada, Arizona, Alaska, Hawaii, Guam and the Northern Marianas, said Janelle Guthrie, spokeswoman for Attorney General Rob McKenna.
Story continues below
http://www.huffingtonpost.com/2010/01/05/felons-in-prison-should-b_n_412593.html