Some Democratic presidential candidates are considering whether to give prisoners the right to vote. Not just felons who have left prison. Some states already allow felons to vote. They want to give people in prison the right to vote.
Bernie Sanders is the main proponent. He says voting is inherent to our democracy yes even for terrible people." Thirty other countries let prisoners vote he notes including Canada South Africa and Finland.
The Democratic presidential candidates are split on whether to let felons vote. Former Rep. Beto ORourke and former Secretary of Housing and Urban Development Julian Castro approve of letting nonviolent felons behind bars vote. They draw the line at violent felons.
Mayor Pete Buttigieg of South Bend Indiana opposes the change. Massachusetts Sen. Elizabeth Warren says she is not there yet" on letting prisoners vote. California Sen. Kamala Harris would stick to letting released felons vote.
Currently two states allow prisoners to vote Maine and Vermont.
Currently only two states allow prisoners to vote Maine and Vermont. In 14 states and D.C. felons voting rights are automatically restored upon release from prison. In 22 states felons do not get their rights restored immediately after release. They cant vote while on parole or probation. In the remaining 12 states regaining voting rights is more problematic. It sometimes requires a governors pardon or clemency.
The Arguments: Pro and Con
Why wouldnt we want prisoners to vote? Because we dont trust their judgment says Roger Clegg president and general counsel of the Center for Equal Opportunity. We dont let children or the mentally incompetent vote. People who commit serious crimes have shown that they are not trustworthy" he argues. He further points out: If youre not willing to follow the law then you should not have a role in making the law for everyone else which is what you do when you vote." Why should those who break the laws get to make the laws? Do we really want terrorists voting to decide our laws?
There is an argument that even nonviolent prisoners shouldnt get the right to vote.
There is an argument that even nonviolent prisoners shouldnt get the right to vote. Some serious crimes dont involve violence crimes like treason espionage public corruption and white-collar crime even voter fraud. In response some argue that prison is to protect the prisoner from the public so infringing on their rights beyond that is unnecessary. But others point out that prison is also a punishment a deterrent.
Proponents of prisoners voting assert that the laws disenfranchising prisoners were put into place in part due to racism. Former Attorney General Eric Holder claims that nearly one in 13 blacks cant vote due to the laws. But in the 2002 Florida case Johnson v. Bush the Eleventh Circuit Court of Appeals held that that racial animus did not motivate the law.