States Restore Voting Rights for Ex-Convicts

Striding across a sweltering strip-mall parking lot with her clipboard in hand, Monica Bell, a community field organizer in Orlando, Fla., was looking for former convicts to add to the state’s voter rolls.

Antonious Benton, a gold-toothed 22-year-old with a silver skull-shaped belt buckle, a laconic smile and a criminal record, was the first person she approached.

“I can’t vote because I got three felonies,” Mr. Benton told Ms. Bell. He had finished a six-month sentence for possession of $600 worth of crack cocaine, he said. But Ms. Bell had good news for him: The Florida Legislature and Gov. Charlie Crist, a Republican, changed the rules last year to restore the voting rights of about 112,000 former convicts.

“After you go to prison — you do your time and they still take all your rights away,” Mr. Benton said as he filled out a form to register. “You can’t get a job. You can’t vote. You can’t do nothing even 10 or 20 years later. You don’t feel like a citizen. You don’t even feel human.”

Felony disenfranchisement — often a holdover from exclusionary Jim Crow-era laws like poll taxes and ballot box literacy tests — affects about 5.3 million former and current felons in the United States, according to voting rights groups. But voter registration and advocacy groups say that recent overhauls of these Reconstruction-era laws have loosened enough in some states to make it worth the time to lobby statehouses for more liberal voting restoration processes, and to try to track down former felons in indigent neighborhoods.

“You’re talking about incredible numbers of people out there who now may have had their right to vote restored and don’t even know it,” said Reggie Mitchell, a former voter-registration worker for People for the American Way. In Florida, “we’re talking tens of thousands of people,” he said. “And in the 2000 election, in the state of Florida, 300 people made the difference.”

A loose-knit group of national organizations working to restore voting rights includes the Association of Community Organizations for Reform Now, or Acorn (Ms. Bell’s employer); the National Association for the Advancement of Colored People; and the Brennan Center for Justice.

Two other groups, the Sentencing Project and the American Civil Liberties Union, said they had given briefings to officials for Senator Barack Obama’s presidential campaign about how to register former felons. But the Obama campaign has been reluctant to acknowledge any concerted effort.

An Obama spokesman, Bill Burton, said via e-mail, “We are trying to register voters across the country and follow the state laws wherever we are.”

Charles J. Ogletree Jr., a Harvard law professor and senior adviser to the Obama campaign on criminal justice issues, said he had briefed campaign officials about felony disenfranchisement issues and the various and often-confusing state requirements to restore voting rights to former convicts.

Campaign volunteers get briefed on specific state laws governing voting rights restoration in case they come across former felons during general voter registration drives, Mr. Ogletree said, “but it’s not as if the Obama campaign said, ‘Here’s a plan for felony disenfranchisement.’ ”

None of the felony voter registration organizations contacted for this article could recall hearing from Senator John McCain’s campaign. And a campaign spokesman said there had been no effort to reach out to former prisoners specifically.

Last month, Obama campaign workers took down a sign at their headquarters in Pottstown, Pa., that said “Felons can vote,” because it might have sent the wrong message.

“The fear is that it might cost them more votes to be portrayed as the candidate of the felons than it could gain them,” said Anthony C. Thompson, a New York University law professor and Obama campaign adviser. “This is a mistaken belief, in my view, when there are tens of millions of citizens with criminal records.”

In fact, felony voter restoration efforts have received bipartisan support in many states including Alabama, Florida, Indiana and Maryland. Still, surveys have shown that about 70 percent of former convicts lean Democratic, according to Christopher Uggen, a University of Minnesota criminologist who said that had led some to believe that Democrats benefited from felony voter restoration more than did Republicans.

“That’s because of the high rate of incarceration among African-Americans, who have strong Democratic preferences,” Mr. Uggen said, “and because many people who have committed felonies are working class, relatively young, unmarried and in particular individuals with less than a high school education. These are all demographics that traditionally align themselves with the Democrats.”

Muslima Lewis, a lawyer with the American Civil Liberties Union in Florida, said: “Really, you’re not having a full participatory democracy if you disenfranchise so many people. It weakens the whole system and, in particular, communities of color.”