Change Your World Week Fall 2021 (Archived)

 

   

 

 

 

 

 

 

 

 

 

 

 

Voter disenfranchisement is the act of depriving minority groups or individuals of certain privileges, particularly the right to vote.¹

Within the scope of voter disenfranchisement, there are two categories discrimination falls under, partisan and structural. Partisan disenfranchisement consists of tactics one political party uses to depress the turnout of another party’s constituency. Structural disenfranchisement is the legislation, regulations, and actions of political agents that suppress the votes of members of low-status groups. ²

Voter disenfranchisement is a widespread issue that comes from many different sources.

• Governmental policies such as voter ID laws are making it more difficult for minorities to be able to vote. 
• In most states, felons lose the right to vote while incarcerated and are not informed about their voting rights being reinstated upon completion of their incarceration. The only states that allow both felons and incarcerated people to vote are Vermont and Maine.

To view the interactive map on the ACLU website click here.

• Racial minorities are subject to unfair and discriminatory laws and practices that make voting difficult.

                            

Haynes, K. (2016, March 31). Felony disenfranchisement laws in the United States. The Sentencing Project. Retrieved October 30, 2021, from https://www.sentencingproject.org/publications/felony-disenfranchisement-laws-in-the-united-states/.

Unfortunately for minorities, America has had a long and tragic past of discrimination, including voting discrimination. Though it may appear government sponsored racism has ended in today's society, it is still alive and well in a variety of forms. 

The Shelby Decision

Many of the most significant modern instances of voter suppression have occurred since the 2013 Supreme Court decision in Shelby County v. Holder, in which section 4 of the Voting Rights Act of 1965, also referred to as the VRA, was declared unconstitutional. This section of the VRA required certain state and local governments that showed a history of voter suppression to obtain federal approval before changing their voting laws. When the Supreme Court declared this section unconstitutional during the Shelby case, it allowed for these political jurisdictions to pass whatever electoral laws and procedures they chose. Discriminatory laws can now only be overturned if someone decides to sue, but suing is a longer and more expensive process that places the burden of proof on those challenging the changes. Additionally, overturning the law does not reverse the damage already done by the law.

Modern Acts of Discrimination

• Since the Shelby Decision, twenty-three states passed new voting laws in the 5 years following the Shelby v. Holder case, including voter ID laws, restrictions on registration, closure or relocation of polling stations that served predominantly black and other minority voters, and the elimination or reduction of early voting periods.

• Nearly 16 million voters, the majority of whom were from a racial or ethnic minority group were purged between 2014 and 2016, which is about 4 million more than between 2006 and 2008, before the Shelby decision.

• Gerrymandering of political voting districts devalue the vote of minority voters to the point where their vote may be essentially worthless.

• In 2018 midterm elections, absentee ballots from nonwhite voters were more than two times more likely to be rejected than ballots from white voters.

Beyond systemic practices that keep minority voters from voting, knowing that the odds are so stacked against them leads many minority voters feel that there is no point in them voting at all, causing them to become disenfranchised from the process. 

Section source: Hill, Derek, Madison Coleman, and Erica Bassett. “Disenfranchisement and Suppression of Black Voters in the United States.” Ballard Brief. August 2021. www.ballardbrief.org.

Felon voter disenfranchisement is one of the most pervasive forms of voter disenfranchisement in America.

• 5.85 Million Americans have their voting rights stripped because of felony convictions.
  • That's about 1 in 40 Americans.⁶ 
• Poor policy and education about voting rights leaves many former inmates in the dark about their rights after incarceration.
• Felon voter disenfranchisement also disproportionately affects minority men.
  • In some states, as many as 1 in 4 black men can't vote! ¹

Below is a great video that explains felon voter disenfranchisement:

Upon interviewing two students at Delta College they both identified family members that were victims of voter disenfranchisement. 

Here is the story from “John”:

John is a criminal justice student at Delta who's decision to pursue a career in law enforcement has always been cheered on from his father, who also happens to be a former felon. John's father received multiple non-violent felonies in his young adult years and served his time as a model inmate. After about three years of incarceration, he was released back into society, though lacking the knowledge of his fundamental right to vote being restored. It wasn't until a whole 34 years later that John's father learned he had the right to vote after John realized he was not aware of his rights and informed him that he could vote. 

Here is the story of "Kim":

When Kim met Frank they were in their mid 20s.  Frank got himself into some legal trouble when he was 18 and received a felony charge that was reduced down to a misdemeanor charge.  The entire time since Kim and Frank have been together Frank has never voted because he didn't think he was eligible because of his past criminal record.  Kim convinced Frank to try to become a registered voter so that he could participate in the 2020 Presidential Election.  Frank was successful in registering to vote after many years of not trying.  When it became time for the election, Frank was very nervous when he went to the polls because he thought that he was going to get turned away and be embarrassed in the voting location. 

 

The American Civil Liberties Union has evolved in the years since from this small group of idealists into the nation’s premier defender of the rights enshrined in the U.S. Constitution. With more than 1.7 million members, 500 staff attorneys, thousands of volunteer attorneys, and offices throughout the nation, the ACLU of today continues to fight government abuse and to vigorously defend individual freedoms including speech and religion, a woman’s right to choose, the right to due process, citizens’ rights to privacy and much more. The ACLU stands up for these rights even when the cause is unpopular, and sometimes when nobody else will. While not always in agreement with us on every issue, Americans have come to count on the ACLU for its unyielding dedication to principle. The ACLU has become so ingrained in American society that it is hard to imagine an America without it.³

The Voting Rights Alliance is a growing non-partisan network of organizations, activists, and legislators working to restore and protect voting rights from concerted attacks that undermine our access to the polls, and to have our votes fairly counted. ⁴

As we have seen, voter disenfranchisement is a widespread problem that plagues much of our society. Though it would be easier to sit idly by and do nothing, there is no way to change society if we don't take action. We ask that you consider helping us fight to end felon voter disenfranchisement by emailing the Legislative Liaison from the Michigan Department of Corrections. 

                                              

Email to Michigan Department of Correction's Liaison to Michigan Legislature

We ask you email Mr. Kyle Kaminski from the Michigan Department of Corrections and express your thoughts on felon voter disenfranchisement in a constructive and professional way. Some potential areas to address in email correspondence would be the need for policy and education reform for inmates, specifically to address their rights after their incarceration has ended.

If you would rather, below is a finished email you can sign and send instead:

Dear Mr. Kaminski,

               I have been informed about Michigan’s revocation of voting rights for felons incarcerated in prisons; however, I have concerns about the reintroduction of these rights upon release from incarceration. My concern is that the policy around the revocation, and more importantly restoration, of voting rights isn’t properly explained to felons both during their incarceration and before their release. Voting rights are one of the most important facets of our democracy and it is crucial to educate inmates on their rights.

               I am asking you to forward my concern both to the state legislature and MDOC administration with the intention of developing a clear policy for educating inmates of their rights during and after incarceration. Education immediately before release is crucial for ensuring citizen’s rights are protected.

Best regards,

Concerned Citizen

Mr. Kaminski is the Legislative Liaison to the Michigan State Legislature for the Michigan Department of Corrections. He can be reached at KaminskiK@michigan.gov.

1. Desmond, M., & Emirbayer, M. (2020). Race In America. New York: W. W. Norton & Company. 

2. Friedman, A. K. (2005). Voter Disenfranchisement and Policy toward Election Reforms. Review of Policy Research, 22(6), 787–810. https://doi-org.ezproxy.delta.edu/10.1111/j.1541-1338.2005.00176.x

3. ACLU history. American Civil Liberties Union. (n.d.). Retrieved November 2, 2021, from https://www.aclu.org/about/aclu-history.

4. About. The Voting Rights Alliance. (n.d.). Retrieved November 2, 2021, from https://www.votingrightsalliance.org/about-1.

5. Haynes, K. (2016, March 31). Felony disenfranchisement laws in the United States. The Sentencing Project. Retrieved October 30, 2021, from https://www.sentencingproject.org/publications/felony-disenfranchisement-laws-in-the-united-states/.

6. American Civil Liberties Union. (2021). FELONY DISENFRANCHISEMENT LAWS (MAP). Retrieved from ACLU: https://www.aclu.org/issues/voting-rights/voter-restoration/felony-disenfranchisement-laws-map

7. Hill, Derek, Madison Coleman, and Erica Bassett. “Disenfranchisement and Suppression of Black Voters in the United States.” Ballard Brief. August 2021. www.ballardbrief.org.