Most ex-convicts in New York can vote, but they are not aware of it and neither are many election officials. A coalition of advocacy groups headed by the New York Civil Liberties Union (NYCLU) responded recently with a statewide campaign to defend the voting rights of citizens with prior criminal convictions.
“There is a mistaken belief that those with criminal records permanently lose their right to vote,” said NYCLU executive director Donna Lieberman. “Thousands of New Yorkers are either unnecessarily forfeiting or being denied their rights. Either way, it’s a problem for us as a democracy.”
Varying laws among the states and the stigma towards former convicts often results in the denial of their voting rights. Some states have laws where convicted felons are permanently disenfranchised because of their convictions, but in New York, the only restrictions placed are either against those currently imprisoned or on parole. In all other instances, such as probation, suspended sentences, or misdemeanors, the citizen’s voting rights are preserved.
“Public officials ought to know better, but they do not,” said Lieberman.
Underscoring this statement, the Brennan Center for Justice published a report in 2006, finding 38 percent of state county election board workers to be uninformed of whether individuals on probation could vote. “County election officials are unclear about the vote,” said Erika Wood, deputy director of the democracy program at the Brennan Center. Erring on the side of caution, the respondents denied voting rights to eligible probationers.
An earlier study conducted in 2004 revealed that more than half of the state’s county election boards required formerly incarcerated individuals to present documentation of their criminal status. “Asking about their eligibility status is illegal under state law,” said Wood.
In 2004, former convict Maria Perez, 39, of Coney Island registered to vote, and was surprised to find her voter registration denied. “During my incarceration, I learned to turn my life around,” Perez said adding she takes voting seriously.
“I feel that if I have the right to vote, I am a part of society, and I don’t feel judged,” said Perez at the time.
Among the advocacy organizations, joining the NYCLU in the voting registration drive is the Fortune Society, based in Long Island City. “The formerly incarcerated are not inferior people,” said Jessica Colter, the policy analysis and communications director for the group. “It’s important that people who were incarcerated and return to their neighborhoods have their voices heard, said Colter.
Considering the widespread apathy towards voting among the general public, Colter argues that among former convicts, there is much enthusiasm, because it is considered an important step towards reentering into society. The Fortune Society provides services to people returning from prisons.
Mark Klass, a former convict, works as the employment coordinator at the organization and considers voting to be a symbol of his release. “When I was released from parole, and I had the right to vote again, it was like a weight being lifted off my shoulders,” said Klass.
To challenge misconceptions about voting rights, the ACLU and 40 community organizations will use bus advertisements, online videos, and volunteers around the city to register eligible voters. “This isn’t about partisan politics,” said Lieberman. “They come in all shapes, sizes, and political affiliations. “
A bill to notify county election boards of ex-convicts’ new status, the Voting Rights Notification and Registration Act, is pending in the legislature. “It is not only a fundamental civil and human right,” wrote Senate sponsor Dale Volker (R-Depew). “It also is critical to an individual’s successful reintegration into the community.”
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