Latino 'Felony Disenfranchisement'

MALDEF Releases First-of-its-Kind Study Press Release 18feb04

[Executive Summary and Introduction below]

Voting Rights Report

MALDEF, the nation's premier Latino civil rights organization, is releasing the first-ever report on the effect of 'felony disenfranchisement' laws on Latinos, 'Diminished Voting Power in the Latino Community: The Impact of Felony Disenfranchisement Laws in Ten Targeted States.' The study concludes that significant numbers of Latino citizens are prohibited from voting by so-called 'felony disenfranchisement' laws - laws that ban or restrict the voting rights of persons with felony convictions - with an estimated half a million Latinos not allowed to participate in the democratic process in the 10 targeted states. In addition, the study found that the states had very inconsistent and sometimes a shocking lack of information pertaining to the race and ethnicity of persons in the various correctional systems.

'This report demonstrates that by restricting the voting rights of persons with felony convictions, we disproportionately restrict the voting rights of members of the Latino community,' said Katherine Culliton, Staff Attorney in MALDEF's Washington, D.C. office. 'It also highlights some of the shoddy record-keeping by some states, who need to be held accountable for the quality of data on persons within their correctional systems.'

The report examined 10 states, chosen for representing a variety of felony disenfranchisement laws, a diversity of geographical representation and states with high Latino populations and population growth: Arizona, California, Florida, Nebraska, Nevada, New York, North Carolina, Texas, Virginia and Washington. It found that in those 10 states alone, an estimated 496,041 Latino citizens were being completely banned from voting - many of whom had already served their debt to society. Among its other conclusions:

Latinos generally are disproportionately disenfranchised at higher rates - and are more likely to be banned from voting - compared to their percentage of the general citizen voting age population.

Even when a large state does not permanently bar persons with felony convictions from voting, the laws have the effect of disenfranchising large numbers of Latinos.

Felony disenfranchisement laws negatively and disproportionately affect Latinos and African-Americans, versus the white population.

More information is needed to better estimate with greater precision how disenfranchisement laws affect the Latino community. MALDEF is a national non-profit, civil rights organization which protects and promotes the civil rights of Latinos through advocacy, community education and outreach, leadership development, higher education scholarships and, when necessary, through the legal system. MALDEF is member of Right to Vote, a consortium of civil rights organizations working to remove barriers to voting for persons with felony convictions who have already served their prison time and paid their debt to society.

# # #

For more information contact:
J.C. Flores : (213) 629-2512, ext. 124
124 Steven Ochoa: (213) 629-2512, ext. 157
Katherine Culliton : (202) 293-2828, ext. 14

source: http://www.maldef.org/news/press.cfm?ID=210&FromIndex=yes 18feb04

Diminished Voting Power in the Latino Community

The Impact of Felony Disenfranchisement Laws in Ten Targeted States:
A Report by MALDEF, A Collaborative Partner in the Right to Vote Campaign

MARISA J DEMEO & STEVEN A OCHOA / MALDEF Dec03

For complete report go to: http://www.maldef.org

Written by Marisa J. Demeo and Steven A. Ochoa, MALDEF
Edited by Vibiana Andrade, MALDEF
Expert Consulting from Dr. Christopher Uggen and Sara Wakefield, University of Minnesota
Funded by The JEHT Foundation

MALDEF is a national non-profit organization whose mission is to protect and promote the civil rights of the more than 40 million Latinos living in the United States. Working to ensure that there are no obstacles preventing this diverse community from realizing its dreams, MALDEF labors to secure the rights of Latinos, primarily in the areas of employment, education, immigrants’ rights, political access, and public resource equity. MALDEF seeks to achieve these objectives and goals through advocacy, community education, leadership development, and litigation.

MALDEF’s goal is to foster sound public policy, laws, and programs that safeguard the rights and expand opportunities for Latinos to participate fully in our society and make positive contributions. To find out more about MALDEF’s work, please see our website at www.maldef.org.

RIGHT TO VOTE

The RIGHT TO VOTE CAMPAIGN was launched in January 2003 as a national collaborative campaign to remove barriers to voting faced by people with felony convictions, so they may freely participate in the democratic process. To achieve this goal, we aim to change policies, practices, and perceptions concerning felony disfranchisement at the local, state and national level. The campaign was first launched by eight national civil rights and public interest organizations, including the ACLU, The Brennan Center for Justice, Demos, MALDEF, NAACP, NAACP Legal Defense and Education Fund, People for the American Way Foundation, and The Sentencing Project.

These organizations have established partnerships with state-based leaders, organizations and coalitions in five targeted states, including Maryland, Alabama, New York, Florida and Texas. To find out more about the Campaign and how the Campaign can partner with leaders and organizations in these five targeted states and others, please contact the Right to Vote Campaign office at (212) 965-0400.

EXECUTIVE SUMMARY

State felony disenfranchisement laws exclude 4.7 million adult citizens from exercising the most fundamental right of our democracy – the right to vote.

Among the 4.7 million disenfranchised citizens, approximately 1.8 million are African-American. Through this statistic alone, it is clear that felony disenfranchisement laws have a disproportionate negative effect on the African-American community. This report sets out to explore the question: What effect do felony disenfranchisement laws have on Latinos?

The goals of this project are to answer several data questions: What is the state of the data regarding Latino ex-felons, which provide the basis for determining the felony disenfranchisement rates for Latinos? Do the data indicate either in overall numbers or in rates that felony disenfranchisement is an issue which the Latino community must confront? Are there states where Latinos may be affected either in overall numbers or in percentages in a way that requires us to develop a strategy that includes targeted areas that may differ from more general data collections or data collections specifically targeting African-Americans?

The following are the major conclusions we reached by studying Latino data on felony disenfranchisement in the ten selected states of: Arizona, California, Florida, Nebraska, Nevada, New York, North Carolina, Texas, Virginia, and Washington:

Conclusion #1: Significant numbers of Latinos are prohibited from voting by felony disenfranchisement laws.

Conclusion #2: Generally, Latinos have disproportionately higher rates of disenfranchisement compared to their presence in the voting age population.

Conclusion #3: Generally, Latinos are more likely to be disenfranchised than the general population due to felony disenfranchisement laws.

Conclusion #4: When the disenfranchisement rates are compared to only citizens of voting age (removing the non-citizens), the impact of the felony disenfranchisement laws on Latino citizens is greater.

Conclusion #5: The more restrictive felony disenfranchisement laws have a direct correlation to the size of the disenfranchised population.

Conclusion #6: Even when a large state does not permanently disenfranchise persons convicted of felonies, laws that deny citizens the opportunity to vote in a large state have the effect of disenfranchising large numbers of Latinos.

Conclusion #7: The data imply that non-Latino whites are very likely to be under represented among those persons affected by felony disenfranchisement laws, and thus not as affected as African-Americans or Latinos.

Conclusion #8: Latinos and African-Americans are both negatively affected at disproportionate rates by felony disenfranchisement laws.

Conclusion #9: The rates of disenfranchisement for African-Americans are generally worse than those for the Latino community.

Conclusion #10: More information is needed to better determine how disenfranchisement laws affect the Latino community. ii

A clear result emerges from this first comprehensive study to determine the impact of felony disenfranchisement laws on the Latino community. Latinos are greatly affected by these restrictive laws, and the Latino community’s political power is diminished. In the ten states studied in this report, half a million Latino citizens cannot vote. There are even more Latinos who cannot exercise their right to vote in many other states. As we begin a major election year, now is the time to evaluate the impact of these laws and to do something to change them. Until they are changed, fathers, mothers, uncles, aunts, grandparents, and cousins in the Latino community will have less ability to shape the decisions made by elected officials that affect the children in our community every day.

INTRODUCTION

Upon the founding of the United States, the right to vote, the very basis for the democracy that Americans cherish, was only available to an estimated 12% of the population.1 Two and a quarter centuries later, there is one significant segment2 of the adult citizen population that is denied that basic right: persons prohibited from voting by felony disenfranchisement laws. This report is designed to begin an exploration of the extent to which Latinos3 are affected by these laws.

The federal government has played a significant role in our country’s voting laws by, for example, ensuring African-Americans and other minorities,4 women,5 and 18- year-olds6 all have the right to vote. It also has set some basic minimum standards regarding registering voters7 and other voting operations.8 Despite this important and significant role of the federal government in voting in our country, state and local governments create most laws affecting which people can vote in our country. Historically, states have limited voting to adults despite the fact that children are as much affected by our laws as adults. Since 1926, all states also have limited voting to citizens9 despite the fact that non-citizens, both those here legally and those here in an undocumented status, are as affected by our laws as citizens.

Most Americans now take for granted that suffrage is limited to adult citizens. Less known is the fact that states continue to disenfranchise a class of adult citizens, those who have been convicted of felonies. State laws vary in this area substantially.10 Only two states – Maine and Vermont – and Puerto Rico allow convicted felons to vote even when they are in prison.11 The remaining states prohibit convicted felons from voting at least temporarily,12 by disenfranchising convicted felons while they are incarcerated, on probation, on parole, for a set period after they complete probation and/or parole, and, in some cases, for life. Altogether, the state felony disenfranchisement laws exclude 4.7 million adult citizens from exercising the most fundamental right of our democracy – the right to vote.13

Among the 4.7 million disenfranchised citizens, approximately 1.8 million are African-American.14 Through this statistic alone, it is clear that felony disenfranchisement laws have a disproportionate negative effect on the African-American community. This report sets out to explore the question: What effect do felony disenfranchisement laws have on Latinos?

MALDEF began studying felony disenfranchisement in 2002 as a collaborative partner in the Right to Vote Campaign. Early in the process, MALDEF discovered that little research existed on how many people in the Latino community were affected by felony disenfranchisement laws.

Latinos make up 13% of the population,15 yet Latinos comprise 16% of the state and federal prison and jail population.16 The Building Blocks for Youth Initiative released a national study last year, the first of its kind, finding that Latino youth also are incarcerated disproportionately in juvenile and adult correctional facilities.17

Despite these national statistics in the criminal justice field, there is inadequate data with respect to Latino incarcerations. Not all states accurately report the data on Hispanics, there is no standardized data collection across all states, and the state justice systems vary with respect to what data they collect and how they check for the accuracy of the data. The recent Building Blocks for Youth report confirmed these same problems exist in the data on Latino youth caught up in the criminal and juvenile justice system.18

The most commonly referenced reports in the felony disenfranchisement field make general references to Latinos being disproportionately affected by felony disenfranchisement laws, but do not provide overall national numbers or data broken down by state. Because Latinos are convicted disproportionately in the criminal justice system, it is reasonable to conclude that felony disenfranchisement laws disproportionately affect Latinos. Latino disenfranchisement through these laws will be compounded even more in the future based on the high rate of growth the Latino population has maintained over the last decade. There is no national data on Latinos in this area, nor is there data on the extent and location of the disenfranchisement. Without such data, it is difficult to propose a strategy for addressing Latino felony disenfranchisement on either the national or state level.

MALDEF decided to undertake the goal of trying to collect and estimate data on the matter. MALDEF conducted the Latino felony disenfranchisement data project from September 2002 until March 2003. The goals of this project are to answer several data questions: What is the state of the data regarding Latino ex-felons, which provide the basis for determining the felony disenfranchisement rates for Latinos? Do the data indicate either in overall numbers or in rates that felony disenfranchisement is an issue which the Latino community must confront? Are there states where Latinos may be affected either in overall numbers or in percentages in a way that would cause us to develop a strategy that includes targeted areas that may differ from more general data collections or data collections specifically targeting African-Americans?

The study found that Latinos tended to be disproportionately affected by state felony disenfranchisement laws under a variety of circumstances. However, the study also found that much of the information collected by agencies such as the state Departments of Corrections is suspect or incomplete respecting Latinos, so even the best estimates on the laws’ effect on the Latino community that this study could produce might be inconclusive. Since much of the data was unreliable, this study also concludes by proposing to examine the data question more thoroughly in the context of a complete analysis of all 50 states.

References

1Nancy Northup, Brennan Center for Justice at New York University School of Law, Presentation at The Sentencing Project’s National Symposium on Felony Disenfranchisement, Sept. 20, 2002.

2Another segment of the adult citizen population that is disenfranchised is the mentally disabled. This report does not address this issue.

3MALDEF uses the terms “Latino” and “Hispanic” interchangeably in this report.

4U.S. Const. Amend. XV; Voting Rights Act of 1965, 42 U.S.C. Section 1973 et seq.

5U.S. Const. Amend. XIX.

6U.S. Const. Amend. XXVI.

7National Voter Registration Act of 1993, 42 U.S.C. Section 1973gg et seq.

8Help America Vote Act of 2002, Pub. L. No. 107-252 (2002).

9Jamin B. Raskin, Legal Aliens, Local Citizens: The Historical, Constitutional, and Theoretical Meanings of Alien Suffrage, 141 U. Pa. L. Rev. 1391, 1397 (1993).

10See Jamie Fellner and Marc Mauer, The Sentencing Project and Human Rights Watch, Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States (Hereinafter “Sentencing Project Report”) (1998); see also Nkechi Taifa, Re-Enfranchisement: A Guide For Individual Restoration of Voting Rights in States That Permanently Disenfranchise Former Felons (2002); Elizabeth Simson, Justice Denied: How Felony Disenfranchisement Laws Undermine American Democracy (2002).

11Demos, Restoring Voting Rights to Citizens with Felony Convictions (2002).

12Id.

13Christopher Uggen and Jeff Manza, Denying Felons and Ex-Felons the Vote: The Political Consequences, Past and Future, 2002 at 1 (IPR Policy Brief Vol. 1 No. 2, Feb. 2002).

14Id.

15U.S. Census Bureau, Resident Population Estimates of the U.S. by Sex, Race, and Hispanic or Latino Origin, April 1, 2000, July 1, 2000, and July 1, 2001, www.census.gov.

16Bureau of Justice Statistics, Prison and Jail Inmates at Midyear 2001 (April 2002, Revised May 10, 2002).

17Francisco A. Villarruel and Nancy Walker, Donde Esta la Justicia? A Call to Action on Behalf of Latino and Latina Youth in the U.S. Justice System, Building Blocks for Youth (2002).

18Id.

source: http://www.maldef.org/pdf/LatinoVotingReport.pdf 18feb04