Pubdate: Sat, 17 Nov 2001
Source: Virginian-Pilot (VA)
Copyright: 2001, The Virginian-Pilot
Contact:  http://www.pilotonline.com
Details: http://www.mapinc.org/media/483
Author: Roger Chesley

EFFORTS TO RESTORE VOTING RIGHTS TO EX-FELONS GRIND ALONG

Creak. Creak. Squeeeeech!

That's the sound Virginia makes as it restores voting rights to ex-felons. 
It's not a pleasant sound. It's not a forgiving sound. The wheels grind 
ever so slowly, barely moving forward. But in Virginia, it's what passes 
for "progress."

This state is one of the most restrictive in the nation when it comes to 
yanking voting rights away from people who have committed felonies, even 
nonviolent ones. Virginia is one of only 13 states that does not 
automatically restore voting rights to convicts when they finish their 
sentence or a later waiting period. The Sentencing Project, a nonprofit 
organization based in Washington, estimates that 270,000 Virginians have 
lost the right to vote.

A revised process that began last year has helped, but not much. Nonviolent 
felons can now petition circuit courts to begin the process to regain the 
right to vote. Under this procedure, state officials say, circuit court 
judges have approved 27 ex-felons' requests since July 1, 2000; Gov. Jim 
Gilmore has granted the requests in all but one of the cases.

I have no idea how many felons really want to vote after serving their 
sentences. Many commit new crimes. For those who stay out of trouble, maybe 
voting is no big deal or desire.

It seems to me, though, that if we truly want to integrate people back into 
society, in a productive and meaningful way, then we shouldn't make it so 
hard to regain certain privileges, such as the vote or the right to sit on 
a jury. If you've done your time, you're out of prison, and you are no 
longer a threat to society, why the continued punishment?

Or as Marc Mauer, an assistant director with The Sentencing Project, once 
told me: "More than 95 percent of felons sentenced to state prisons are 
coming home someday. . . . If they feel a sense of community, they're less 
likely to victimize their neighbors."

Voting rights also affect African Americans in a major way. Mauer's group 
estimates that about 25 percent of black men in Virginia can't vote because 
of felony convictions, even for crimes like fraud.

This issue has gained some momentum because of two recent developments.

In July, the bipartisan National Commission on Federal Election Reform, led 
by former presidents Jimmy Carter and Gerald Ford, recommended that states 
should restore voting rights to felons after they have completed their 
sentences. The commission was formed following the controversial 2000 
elections.

Also, a task force of the Virginia State Crime Commission is examining 
whether voting rights should be restored to ex-felons more easily. That 
task force is chaired by Del. Brian J. Moran, D-Alexandria.

"I think there's a general consensus that a lifetime ban, regardless of the 
type of felony, seems fairly draconian," Moran told me Friday. ". . . I 
hope we install a new process that those who have paid their debt to 
society be given back one of their fundamental rights."

Under the current practice, anyone guilty of a violent felony, drug 
distribution or manufacturing crime, or election fraud still must initiate 
a laborious, confusing process to regain voting rights. He has to fill out 
a lengthy application and turn in several court documents to the secretary 
of the commonwealth. Before applying, both nonviolent and violent felons 
must wait at least five years from the time they complete their sentences, 
or seven years for drug crimes.

The governor still has the final say. Any major changes to the current 
procedure would mean amending the state Constitution.

In rare cases, some people are able to navigate the system successfully. 
For example, William C. Lampkins had wanted to vote in the 2000 
presidential race. He'd never voted before, so he headed off to register. 
That's when he learned that if he did enter the voting booth, he'd be 
breaking the law -- again.

The 49-year-old waterman from Chesapeake hadn't realized that a 
two-decades-old burglary conviction, for which he spent eight months in 
jail, prevented him from voting. "I didn't know [my rights] had been 
taken," Lampkins recalled.

He got three people to vouch for his character and petitioned Gilmore. 
Finally, in December, the governor restored his right to vote.

Unfortunately, few ex-felons can navigate the lengthy process to regaining 
voting privileges. Attorneys can help with the procedure, but some 
ex-felons can't afford the cost.

Virginia likes to boast that it's tough on crime. Only Texas executes more 
people. Under former Gov. George Allen, Virginia abolished parole.

The state's image is secure. Virginia won't be harmed if state officials 
make it easier for ex-felons to vote.
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MAP posted-by: Beth