Voting is one of the most fundamental rights we enjoy as citizens. The importance implores us all to consider: How could I lose that right? Who has lost that right? Why?
Latino and African-American communities experience these effects due to felony disenfranchisement and obstacles for immigrants (such as waiting lists to become a citizen, and ineligibility to vote while a permanent resident), to name a few. Most states do not allow individuals to vote while incarcerated and many states continue this ban after release, either during probation, parole and/or their entire lifetime. Because a disproportionate number of people of color are subjected to our criminal justice system, communities of color can be left without a meaningful voice when voting. This problem can be compounded where the Census calculates the populations of an area including those incarcerated. This can mean that rural districts with a large state prison can gain influence over the region, while the communities from where the inmates have come are left with fewer constituents. For example, in New York there are five counties with a district that derives more 20% of their population from prisoners. (http://www.prisonersofthecensus.org/nycounties/) Even more alarming is that many people are not advised that they can regain their voting rights upon completion of probation or parole.
Check out this link to see a state-by-state picture of felony disenfranchisement: http://www.sentencingproject.org/map/map.cfm
I am thrilled to have the opportunity to engage in a discussion with Juan Cartagena and Angelo Falcon, exploring disenfranchisement and political empowerment on a local and national level. See the following link for more information about the program: http://www.law.cuny.edu/clinics/JusticeInitiatives/clore/events-upcoming/NoVoteNoVoice.pdf
Thanks Katie for such an insightful intro to this most important of issues. In addition to the grave disparities in political power, in New York a felon has lost both their right to vote and to serve on a jury, where primarily people of color are being tried (supposedly by a jury of their peers. Such a jury is supposed to include people of color, many of whom have been targeted by the criminal justice system.)
ReplyDeleteFor more on felons and juries in NYS, CUNY law student Paula Segal has written a thorough analysis of the issue.
Disenfranchisement within communities of color occurs at an alarming rate. The repercussions of disenfranchisement have far reaching affects such as disrupting the family unit (indirectly exacerbating domestic violence issues), frustrating the communities efforts toward change, and creating overlap into other areas of the law. In fact, it seems that any discussion on disenfranchisement must inevitably touch on aspects of the criminal justice system, the prison system, and immigration law too. I am looking forward to a discussion on an issue that is so close to home. Thanks to CLORE for hosting this event.
ReplyDeleteLast night's discussion was truly enlightening. While many of us have a grasp of some of the ways in which people are disenfranchised, it seems there are infinitely more areas with which to familiarized oneself. As Juan Cartagena noted: census practice, felony and incarceration disenfranchisement, legal status, the requirement of photo ID and voter intimidation all work against certain communities, while perhaps benefiting others.
ReplyDeleteThe staggering difference in the treatment of Puerto Rico, particularly in light of the "turn-out" numbers, highlights some of these issues. What truly struck me was that the Voting Rights Act does not apply in Puerto Rico. This was one of the many moments at which I had to ask: what is the justification for this?
Similarly, a bill has been proposed to the New York State Legislature to reform felony disenfranchisement provisions. I wonder what sorts of arguments will be made in opposition to this bill, and how they will be interpreted by the public. Keep your eyes peeled!