Writing Wednesday — voting rights and felony convictions (an update)

Books, Crooks, and Councelors

In my guide for writers, Books, Crooks and Counselors: How to Write Accurately About Criminal Law and Courtroom Procedure (Linden/Quill Driver, 2011), I gave a quick overview of the issues related to voting by those with a felony conviction, noting that this was a rapidly changing area.

Last month, I attended a Washington State Bar continuing legal education seminar on voting rights and voter suppression, and one resource cited was this report from the Sentencing Project, the national organization promoting sentencing reform that I cited in Books, Crooks, titled Locked Out 2020: Estimates of People Denied Voting Rights Due to a Felony Conviction. If your story involves any issues related to voting, racial justice, or post-prison life, or you’re simply interested in these issues, you’ll find it a valuable resource.

A few findings, to give you a taste:

  • “As of 2020, an estimated 5.17 million people are disenfranchised due to a felony conviction, a figure that has declined by almost 15 percent since 2016, as states enacted new policies to curtail this practice. There were an estimated 1.17 million people disenfranchised in 1976, 3.34 million in 1996, 5.85 million in 2010, and 6.11 million in 2016.
  • One out of 44 adults – 2.27 percent of the total U.S. voting eligible population–is disenfranchised due to a current or previous felony conviction.
  • One in 16 African Americans of voting age is disenfranchised, a rate 3.7 times greater than that of non-African Americans. Over 6.2 percent of the adult African American population is disenfranchised compared to 1.7 percent of the non-African American population.
  • Approximately 1.2 million women are disenfranchised, comprising over one-fifth of the total disenfranchised population.”

Remember that the law varies from state to state and is always changing. Do what you can to get the facts about the law right.

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