Felons May Get Vote in Washington State

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 overturned the 2000 ruling of a district judge in Spokane. That judge had ruled that state law did not violate the act, and 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."

The issues the ruling raises about racial bias in the justice system are not unique to Washington state, 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.

A spokeswoman said state Attorney General Rob McKenna is weighing the state's next step.

The lawsuit was filed by Muhammad Shabazz Farrakhan of Bellevue. He was serving a three-year sentence at the Washington State Penitentiary in Walla Walla for a series of felony-theft convictions when he sued the state in 1996.

Ultimately, five other inmates, all members of racial minority groups, joined as plaintiffs.

The lawsuit contended that because nonwhites make up a large percentage of the prison population, a state law prohibiting inmates and parolees from voting is illegal because it dilutes the electoral clout of minorities.

That was a violation of the U.S. Voting Rights Act of 1965, the lawsuit said.

The state contended that the lawsuit should be dismissed because the law was not intended to discriminate against minorities.

Last year, lawmakers passed a law that allows convicted felons to reregister to vote once they're no longer on parole or probation. Previously, felons who were no longer in Washington state custody but owed court-ordered fines and restitution were not allowed to vote.

Washington's neighbor, Oregon, automatically restores voting rights to felons once they're released from prison. Nearly 40 other states and the District of Columbia also have less onerous restrictions on restoring voting rights to felons.

Maine and Vermont are the only states that allow those behind bars to cast ballots.



The case is Farrakhan v. Gregoire.

[erb0087]

by Super-Elmar January 5, 2010 11:24 PM EST
What's the matter erb0087?
Why did you bring Hispanics into the equation? Are you afraid that a people with a tradition of competitiveness and armed revolt against tyranny might be coming after your do-nothing incapable azz soon enough? If so, you're probably right and there aint nothing you can do about it.
==========================================

Not at all, Elmo. Don't jump to conclusions.

I admire the stoic courage that many Hispanics show.

I only brought them into the equation, so to speak, to indicate the utter absurdity of the argument, because I know that the Hispanic population makes up a large percentage of the under-18 population.

Should children be allowed to vote ? That's the same basic argument then, because by denying them the vote, you are reducing the electoral clout of Hispanic Americans.

Simple as that.

[Freedomforever88]

There should not be any voter fraud allowing felons to vote. Felons are honest people that follow the law! Wow!

[endurorob_5]

Well lets see, you commit numerous crimes and are caught and imprisoned and therefore according to law are not allowed to vote so for some reason thas is a racial issue. How moronic that these idiot judges fall for that.

[White_Duck]

"Don't do the crime if ya can't pay the time!" One of the detriments of commiting a crime is that you lose certain "rights". Voting and deciding how law abiding people live is one of them. It is a shame that many "minorities" turn to crime. But this fact should not outweigh the laws we live by. My only guess is that some other "minority" is looking to stack the deck in the next election.

[national1942]

GREAT! Another Muslem, and this time a con to boot, and a bunch of other racial minority cons file suit and suddenly the MAJORITY rules in Washington State have to be changed to suit THEM, I'm sick of it.

[edgy44]

They are making every crime a felony now, so it doesn't take a rocket scientist to figure out that being a felon isn't what it used to be 50 years ago. I think they even have felony j-walking now.

[wtcmedicdidntforget]

how about this, whites are not allowed to vote so the black and hispanics can get every free perk, free money that there is. im so sick of the ---t!

[nonymus]

Felons shouldn't be able to file lawsuits, you should be busting rocks or cleaning the highways. If the majority of inmates are minority, then their the majority. If your named mahumed you get whatever you want in america, what a terrible thing for this hard working country. felons are losers.

[jurado]

" . . . The lawsuit was filed by Muhammad Shabazz Farrakhan of Bellevue. He was serving a three-year sentence at the Washington State Penitentiary in Walla Walla . . "

How do the residents of Walla Walla (population 30,000) feel now that about 2000 inmates will be voting in their town elections??

Oh, and this decision was by the left wing 9th U.S. Circuit Court. Thier decisions routinely get overturned.

[bradkt1]

This was a decision by a 3 judge panel of the 9th Circuit. I predict that this will be overturned by either the full 9th Circuit itself (in an en banc proceeding) or by the U.S. Supreme Court.