Support the Restoration of Voting Rights Act

Allow Kentuckians to decide if persons who complete their sentences should have the right to vote restored automatically

Kentuckians support automatic restoration of the right to vote for ex-felons

A significant majority of Kentuckians favor an amendment to the KY Constitution that automatically restores the right to vote to a convicted felon who has completed his sentence, including probation and parole. The Summer 2006 Kentucky Survey was conducted by the UK Survey Research Center. It surveyed 901 Kentuckians 18 years of age or older from August 14- September 6, 2006, and had a margin of error of ± 3.3 percentage points at the 95 percent confidence level.

What the bill would do

The legislation would allow Kentuckians to vote on changing Section 145 of the KY Constitution to require the automatic restoration of voting rights after a person completes their sentence. This approach avoids anyone claiming the arbitrary use of discretionary power, and instead provides certainty and predictability. It encourages participation in the community, promotes democracy, and welcomes our sons and daughters back.

Many Kentuckians cannot vote

Helping people obtain the right to vote is a significant public policy matter for KY. It is estimated that over 128,000 adults who have served their sentences have been disenfranchised in KY as a result of a felony conviction.

Voting is distinguishing mark of democracy

The right to vote is a foundation of citizenship. We require ex-felons to pay taxes and comply with the laws enacted by their legislators when they return to their communities. The right to vote, a hallmark of our democracy, should follow.

What is the current KY law?

Section 145 of the KY Constitution states that a person convicted of a felony is not entitled to vote but felons may have their civil rights restored through an executive pardon by the Governor.

In 2001 our elected leaders made a public policy decision to increase the number of persons who had their voting rights restored. Upon recommendation of the Criminal Justice Council, the KY General Assembly passed legislation, KRS 196.045, in 2001 requiring the Department of Corrections “to implement a simplified process for the restoration of civil rights to eligible felony offenders.”

What has happened since the 2001 law?

Despite the law change, the number of applications and restorations is decreasing. In addition to the other requirements, the Governor is also now requiring a written statement from the applicant, 3 character references, and review by the prosecutor in the county of residence and the county of the offense. The legislative intent is not being met.

Legislation is necessary

Since the 2001 legislation has not provided more applications and restorations, additional legislation is necessary. Kentuckians should be allowed to determine if they want to change the KY Constitution to provide automatic restoration of the right to vote for those who have completed their sentence.

State trends

Since 1996, 16 states have enacted reforms of their dis- enfranchisement laws. In 2005, Nebraska changed its law to no longer permanently exclude ex-felons from voting, and Iowa Governor Vilsack issued an executive order automatically restoring voting rights to all ex-felons in the state. In 2006, Rhode Island voters approved a measure to restore voting rights to persons currently on probation or parole, and in 2007, Florida Governor Charlie Crist's Clemency Board adopted regulations that simplify the rights restoration process for most non-violent ex-felons in the state.

Restoring the right to vote is in our self-interest

The restoration of voting rights promotes rehabilitation and reintegration into the community. It is in a community’s interest to encourage participation in its activities. Voting is the fundamental expression of speech. The greater degree to which ex-felons have positive connections with the community, the more likely it is that they will engage in positive social activity. People who vote become more a part of the community and have a greater stake in their society, both of which will increase their chance to become successful in life. This is in our interest.

Voting may contribute to less future crime

“To the extent that felons begin to vote and participate as citizens in their communities, it seems likely that many will bring their behavior into line with the expectations of the citizen role, avoiding further contact with the criminal justice system.” See Christopher Uggen and Jeff Manza, in “Voting and Subsequent Crime and Arrest: Evidence from a Community Sample,” Columbia Human Rights Law Review (2005). Uggen and Manza "find consistent differences between voters and non-voters in rates of subsequent arrest, incarceration, and self-reported criminal behavior." In the data studied, between 1997 and 2000, 16% of non-voters were arrested, compared to 5% of voters. For persons with a prior arrest, the analysis of the data indicates that 27% of non-voters were rearrested, compared to 12% of voters.
 

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