Last updated on: 3/10/2014 12:31:52 PM PST
Should Felons Automatically Regain the Vote after Their Full Sentence (Including Probation/Parole) Is Served?
Robert F. McDonnell, JD, MPP, MBA, Governor of Virginia at the time of this quote, stated in his May 29, 2013 letter outlining his policy changes, available at the Governor of Virginia's website:
"I believe that the commission of a crime must have a tough and just consequence...
I also believe that once an offender has fully paid his debt to society, he deserves a second chance...
It is a mark of good government to restore felons' rights and provide them the opportunity to succeed and become law-abiding citizens again...
Therefore, I am amending the criteria used to adjudicate non-violent felons applications for restoration of rights. With these changes, Virginia will have an automatic restoration of rights process."
May 29, 2013 - Robert F. McDonnell, JD, MPP, MBA
Eric H. Holder, JD, US Attorney General, stated the following in his Feb. 11, 2014 speech "Attorney General Eric Holder Delivers Remarks on Criminal Justice Reform at Georgetown University Law Center," available at the U.S. Department of Justice website:
"[F]ormerly incarcerated people continue to face significant obstacles. They are frequently deprived of opportunities they need to rebuild their lives. And in far too many places, their rights – including the single most basic right of American citizenship – the right to vote – are either abridged or denied...
In Iowa, action by the governor in 2011 caused the state to move from automatic restoration of rights – following the completion of a criminal sentence – to an arduous process that requires direct intervention by the governor himself in every individual case...
That's moving backwards – not forward. It is unwise, it is unjust, and it is not in keeping with our democratic values. These laws deserve to be not only reconsidered, but repealed. And so today, I call upon state leaders and other elected officials across the country to pass clear and consistent reforms to restore the voting rights of all who have served their terms in prison or jail, completed their parole or probation, and paid their fines."
Feb. 11, 2014 - Eric H. Holder, JD
Desmond Meade, President of the Florida Rights Restoration Coalition, stated the following in his June 21, 2013 article "Drawing a Line in Florida and Standing on the Side of Justice," available at the Huffington Post website:
"Too often our policies are misinformed by knee-jerk condemnations of and callousness toward individuals with prior felony convictions, without considering that individuals -- after making mistakes and serving their sentence -- can change for the better...
The right of an American citizen to exercise arguably the most critical expression of citizenship should not be denied. Nor should the decision on whether an American citizen regains the rights to vote be left in the hands of a select few politicians whose decisions are often arbitrary and motivated by partisan politics and corporate interests...
Automatic rights restoration enhances our public safety, affirms our humanity, and promotes democracy. Standing by disfranchisement, standing on the sidelines, ignoring cries for democracy, and delaying restoration of rights will only serve to further entrench injustice."
June 21, 2013 - Desmond Meade
Rick Scott, JD, Governor of Florida, wrote in his Mar. 9, 2011 statement "Governor Scott and Florida Cabinet Discuss Amended Rules of Executive Clemency," available at the Florida Commission on Offender Review website:
"Felons seeking restoration of rights will also be required to demonstrate that they desire and deserve clemency by applying only after they have shown they are willing to abide by the law...
Restoration of civil rights will not be granted 'automatically' for any offenses...
The Restoration of Civil Rights can be a significant part of the rehabilitation of criminal offenders and can assist them in reentry into society. It is important that this form of clemency be granted in a deliberate, thoughtful manner that prioritizes public safety and creates incentives to avoid criminal activity."
Mar. 9, 2011 - Rick Scott, JD
Terry E. Branstad, JD, Governor of Iowa, stated the following in a Dec. 28, 2012 press release "Branstad, Reynolds Streamline Restoration of Voting Rights Application," available at the Governor of Iowa's website:
"When an individual commits a felony, it is fair they earn their rights back by paying restitution to their victim, court costs, and fines... Iowa has a good and fair policy on the restoration of rights for convicted felons, and to automatically restore the right to vote without requiring the completion of the responsibilities associated with the criminal conviction would damage the balance between the rights and responsibility of citizens...
Too often victims are forgotten and it is important victims of felonies and serious crimes receive their restitution... The updated process for restoration of voting rights streamlines the process for applicants while ensuring we are mindful of the victims of the crime."
Dec. 28, 2012 - Terry E. Branstad, JD
Roger Clegg, JD, President and General Counsel at the Center for Equal Opportunity, stated the following in a Jan. 18, 2010 article "Virginia Is Right to Limit Felons' Voting Rights," available at the Washington Post website:
"It makes sense to require that certain minimum, objective standards of responsibility, loyalty and trustworthiness be met before individuals are allowed to participate in the sacred enterprise of self-government. Children, illegal immigrants, the mentally incompetent and felons do not meet those standards. Put another way: If you are not willing to follow the law, you cannot demand a right to make the law for everyone else.
The right to vote can be restored, but it should be done carefully, not automatically, and on a case-by-case basis... a three-year waiting period after serving a prison term is reasonable, given that 'two-thirds of released prisoners are rearrested and one-half are re-incarcerated within three years of release from prison,' according to a report by Harvard University’s Richard Freeman."
Jan. 18, 2010 - Roger Clegg, JD