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Origin of disenfranchisement laws


“This plan [which included felony disenfranchisement laws] will eliminate the darkey as a political factor in this State in less than 5 years, so that in no single county…will there be the least concern felt for the complete supremacy of the white race in the affairs of government.”
– Carter Glass, Delegate – Virginia Constitutional Convention 1901–02

While felony disenfranchisement laws seem “race neutral” on the surface, they are essentially a much more sophisticated set of Jim Crow laws for the 21st century. Felony disenfranchisement laws were first introduced with the intention of disenfranchising black voters after the passing of the 15th amendment. Other Jim Crow laws such as the poll tax, literacy test and residency requirements soon followed. However, unlike other Jim Crow laws which were abolished throughout the 20th century, the percent of states who had felony disenfranchisement laws grew from 35% in 1850 to 96% in 2002.

Additional Information:
Advancement Project
ACLU: Democracy’s Ghosts

Current statistics

There are currently 5.3 million people throughout the United States who have lost their voting rights due to a felony conviction. Around three-quarters of these people have been released from incarceration and are participating members of society. Moreover, 2 million people have completed all necessary probation or parole yet remain disenfranchised. While many see the law as a way to make felons pay for their crimes, there are no studies that show the laws are an effect deterrent. In fact, a study conducted by Christopher Uggen in the mid-90’s found a strong correlation between voting and a decrease in recidivism.

Additional Information:
Sentencing Project: State By State Statistics

Affect on Communities and Re-entry

Coupled with racial biases in arrest and sentencing practices, Black Americans continue to be disproportionately affected by disenfranchisement laws. Black men make up slightly over 1/5 of this population and are disenfranchised at a rate 7 times the national average. According to the Rhode Island Family Life Center, more than a 1/10 of all South Providence residents are disfranchised, and more than 40% of black men between the ages of 18 and 34 cannot vote due to a felony conviction. The people of South Providence, and other communities like it around the nation, have literally had their political voice stripped away. When communities have lost their ability to affect the policies which shape their lives, we are no longer living in a democratic nation.

It is critical to the success of this generation that we are able to empower people who have served their sentences and reverse the damaging affects of disenfranchisement laws on the communities they live in. Throughout history, citizenship in a democratic society has been strongly linked to the act of voting. Subsequently, we cannot continue to believe that those who have been convicted of a felony can successfully participate in society when we deny them the essential right of citizenship in the United States.

Additional Information:
ACLU: Community Impact
ACLU: Rehabilitation

Organizations

Sentencing Project
Advancement Project
American Civil Liberties Union
Democracy’s Ghosts
NAACP Legal Defense Fund
Christopher Uggen

Publications and Resources

Hip Hop Caucus Publications:
Daily Voice Op-Ed