Published: January 07, 2008 05:34 pm      

Restoring a right — 01/08/08

Amendment would make it easier for felons to again vote

A proposal to allow casino-style gambling in Kentucky is not the only constitutional amendment that will be debated by the 2008 Kentucky General Assembly. But if the chances of placing the gambling amendment on the November ballot are uncertain, the odds of the amendment being proposed by Rep. Daryl Owens, D-Louisville, and Rep. Jesse Crenshaw, D-Lexington, being placed on the ballot are even longer.

That’s because few politicians are willing to speak out on behalf of convicted felons who cannot even vote. Restoring the right to vote for felons who have served their sentences is exactly what the amendment proposed by Owens and Crenshaw would do. Kentucky is one of only two states — with Virginia being the other — that do not automatically restore the voting rights of most criminals who have served their time and not been charged with or convicted of new crimes.

While Owens recognizes that his amendment will take a back seat to the expanded gambling amendment, he sees no reason why both amendments cannot be on the November ballot. He said both the House and the Senate can propose two constitutional amendments.

“Why can’t this be our second one? ... I would be hopeful we’ll take a look at this one because I think it makes sense,” Owens said.

Jefferson County Commonwealth’s Attorney Dave Stengel, who favors the measure, said it faces opposition from legislators who want to appear tough on crime, adding that many legislators from both parties think of it as “just a bleeding-heart bill.”

Under the proposed amendment, the voting ban would remain for people convicted of “intentionally killing” someone, for child molesters and for anyone charged with rape or deviate sexual intercourse.

Marc Mauer, executive director of The Sentencing Project, a Washington-based group that focuses on criminal justice issues, said 16 states have restored voting rights to most felons who have served their sentences. “When you finish your sentence, you should be free to re-enter society,” Mauer said. “But with laws like these, we still treat people as second-class citizens. If we want people to become law-abiding citizens, we need to get them engaged in constructive institutions in their community.”

Currently, there are about 128,775 adults in Kentucky who have served their time but aren’t allowed to vote. The League of Women Voters says Kentucky has the nation’s highest disenfranchisement rate for blacks — about one in four — in part because of the ban on felons voting.

It now is up to the governor to restore the voting rights of convicted felons. Former Gov. Ernie Fletcher established new criteria for former convicts to apply for a restoration of voting rights, including writing an essay. Therefore, there was a decline in the number having their voting rights restored during the Fletcher years. Just how Gov. Steve Beshear will deal with the issue remains to be seen.

Most Kentuckians have little interest in the rights of criminals — even former ones — but those who have served their time and not committed more crimes should be rewarded for their changed behavior by having the right to vote restored.