Restoring the right to vote

Why, how and who to contact

By Austyn Gaffney

In a state that prides itself upon its namesake as a commonwealth—a democratic body in which the people hold supreme power—our elected officials are silencing the potential voice of over 186,000 Kentuckians. These are the men, women, and youth who have served their time in prison after committing felonies, and who have since reintegrated into society. Although they participate in our communities, hold jobs, and support their families, former felons are not granted the right to vote. In denying felons of a basic right of citizenship, our current state constitution victimizes our neighbors and friends by promoting “felony disenfranchisement.”

Here’s how things currently work. Unless a former felon receives permission by the Governor to have their voting rights restored, they are unable to have a firm hand in our democracy. This strict, narrow process toward enfranchisement has led to one in seventeen Kentuckians who currently cannot vote.

This is a statistic seen even more vividly through the lens of race. In Kentucky, one in four African Americans are barred from the vote due to felony convictions. This outrageous ratio seems to constitute the policy as a discriminatory measure of disenfranchisement. Dating back to the Restoration period of the post-Civil War Era, different forms of these disenfranchisement laws prevented free slaves from voting. According to a 2006 study by the Kentucky League of Women Voters, the language in our state Constitution denying voting rights can be traced back to 1850.

In the 21st century, when the equality of democratic participation is meant to prevail over the racial and social injustices of the past, Kentucky and West Virginia are the only two states in America that deny former felons the right to vote.

Proponents for enfranchisement argue that voting offers an awareness of individual empowerment. It makes sense. The thinking goes that if former felons are allowed to play a consistent role in the betterment of their community, they are less likely to strike against it. In fact, former felons who are granted this right are half as likely to commit another crime in the future.

Some have argued against granting former felons the right to vote. These critics allege that once convicted of such a crime, felons should be stripped of their constitutional rights. Roger Clegg, for example, president and general counsel of the Center for Equal Opportunity, wrote an article for the Lexington Examiner in which he stated, “[y]ou don’t have a right to make laws if you aren’t willing to follow them yourself. To participate in self-government, you must be willing to accept the rule of law.”

Of course, voting is not a privilege. It is a right granted to all citizens at birth and claimed at the age of eighteen. In more liberal states such as Vermont and Maine, felons are even able to maintain their rights in jail and vote while serving their sentences.

Social justice organizations across the state have united in the fight against felony disenfranchisement. Groups like Kentuckians for the Commonwealth (KFTC) and the American Civil Liberties Union (ACLU) have hosted lobby days and rallies at the Capital in Frankfort in order to support this restoration. They have focused their efforts on the passage of House Bill 70, an amendment that would restore voting rights after someone has served their debt to society, including prison time, probation, and parole. It would limit the specific crimes eligible for enfranchisement by excluding those crimes related to murder and sexual assault. Hundreds have traveled to Frankfort in the past month to support the passage of the bill, including former felons who have tried and failed repeatedly to regain their vote.

Unfortunately, the bill has yet be voted upon. Until it is heard in the Senate State and Local Government Committee, it remains stalled and in limbo. It cannot be heard until the chairman of the committee, Senator Damon Thayer of the 17th District, agrees to put the bill up for a vote. He refuses to acknowledge its importance, arguing that current constitutional provisions are already set in place to return voting rights to felons. These include a pardon from Governor Beshear, a requirement for the Corrections Department to inform ex-felons of their right to appeal, and a requirement that Corrections Departments give felons the necessary materials to start that process.

However, this is an incredibly slow process and not all former felons have their rights returned. The Kentuckians for the Commonwealth have documented many such instances of felons being denied their petition to the governor, including one former felon from Henderson, Charlie House, who has tried to get his rights back four times, but to no avail.

Silent protests have been staged within Sen. Thayer’s influential committee; supporters of HB 70 like Charlie House have driven to Frankfort to brandish signs reminding other Senators of the bill. So far, nine of the twelve members of this committee have made promises to their constituents that they will vote yes if the bill is proposed. This majority offers two more votes than necessary to pass the bill. However, due to the excessive intricacies of our state political system, only Sen. Thayer can put the bill up for vote, and if he refuses, it is impossible for our representatives to support our interests and vote upon HB 70. Currently, Sen. Thayer is denying the right to vote to both his fellow Senators, and the former felons of Kentucky.

However, I am not out to demonize Sen. Thayer, but to pursue a just end for all former felons successfully reintegrated back into Kentucky. Thayer is simply the means through which to achieve that end, and his refusal to comply with the demands of his fellow Senators and statewide constituents is an embarrassment to the supposed prestige of his elected position. The only way to get HB 70 passed and a long-overdue amendment to the Kentucky constitution added is to put pressure on Sen. Thayer to bring up the bill before his committee finishes their session.

To make your voice heard when others’ are unable, play a role in this movement by contacting Sen. Thayer at 859-621-6956, writing on his Facebook Page, or talking to him in person in Frankfort.