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Restoring voting rights to law-abiding ex-felons will give them a stake in the community

Karen J. Mathis
The Courier-Journal
March 25, 2007

There is strong support among Kentuckians to automatically restore voting rights to convicted felons who successfully complete their punishment, yet it appears this year's legislative session will adjourn without advancing that goal. A bill to schedule a state referendum this fall amending the constitution to accomplish this was approved in the House of Representatives, but stalled in the Kentucky Senate.

The American Bar Association adds its voice to those across Kentucky who believe voting rights belong to all citizens. Among those speaking out in favor of restoration of voting rights was R. David Stengel, Jefferson Commonwealth's Attorney, who joined labor organizations, religious groups, civil rights groups and The League of Women Voters -- all urging a change in Kentucky's current policy requiring the governor to consider each application on an individual basis.

Public support generally was strong, with 56 percent of the respondents in last fall's public opinion poll by the University of Kentucky Survey Research Center saying Kentucky should amend its constitution to make restoration automatic upon successful completion of a sentence. Only 40.4 percent opposed the amendment.

Given the outcome this year, it is not too early to start working toward next year's legislative session. The ABA encourages renewed efforts to bring this legislation to a vote next year. Advocates for change should use the months ahead to persuade Senators that they share society's stake in drawing those constituents who have fulfilled their sentences into participatory democracy.

In 36 states and the District of Columbia former felony offenders are allowed to vote upon completion of their jail sentence, parole or probation. In 11 other states convicted felons are denied the right to vote for varying degrees of time with a variety of petition options available to have that right restored. In only Kentucky, Florida and Virginia is that right denied for a lifetime. In all, an estimated 5.3 million Americans are barred from voting because of a felony conviction.

Those who are convicted of a crime, upon their release from jail, are required to pay taxes, register their cars, and carry insurance. Yet they are denied the right to vote, and thereby precluded from exercising the most basic right in a democracy.

It is time to change that law. The American Bar Association strongly supports assisting individuals who have been convicted of a felony and paid their debt to society to successfully re-enter their communities and lead productive, non-violent lives, not simply to help ex-convicts, but as an important crime prevention strategy.

Numerous projects, including some in Kentucky, encourage a common sense approach to re-entry for persons who have completed their sentences by assisting them with such issues as job training, employment, education, family counseling, anger management and health insurance. In addition, courts have been created across the country specifically to help those who have served time in jails or prisons to transition smoothly back into society. We believe these innovations will prove that recidivism is not inevitable.

In the same way that these programs and these special courts will help achieve successful reentry, restoring the opportunity to vote is a further step toward that goal. It will create a greater stake in society for ex-felons, and encourage their respect for its institutions and values.

Ultimately, society needs to transform ex-offenders into productive and law-abiding citizens. Restoring their voting rights will communicate our faith in their ability to do just that.

The writer is president of the American Bar Association.

Copyright 2005 The Courier-Journal.

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