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Some Alabama Felons Wrongly Denied Voting Rights
March 4, 2008

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News Summary

A quarter of a million people in Alabama have lost their voting rights because of their criminal records, but a group working to restore the power to vote says that many Alabamans were wrongly barred from casting ballots, the New York Times reported March 2.

The Alabama constitution bars individuals convicted of a "felony involving moral turpitude" from the voting booth, which means that technically those who commit other felonies like marijuana possession or drunk driving can still vote. However, the Alabama Secretary of State has incorrectly advised that all convicted felons lose their right to vote and can only have their rights restored by the Board of Pardons and Paroles.

Part of the problem is that no comprehensive list of crimes involving "moral turpitude" has ever been issued by the Alabama governor or legislature. The general definition of a crime involving moral turpitude is one that would be immoral even if it were not illegal.

State agencies agree that individuals convicted of drug possession should still be eligible to vote. Still, the state has been slow to facilitate voting among convicted felons. "This is an issue that's never come up before," said Richard F.  Allen, the Alabama commissioner of corrections.  "I would think that if there were any latent feeling out there that they wanted to vote, they would have expressed it by now."

Advocates say that empowering more convicted criminals to vote would have a real impact on elections in Alabama, and some Republicans have fought hard against changes in the law that would help felons regain their voting rights. "There's no more anti-Republican bill than this," said Marty Connors, the chairman of the state Republican Party, in the midst of the debate over the legislation. "As frank as I can be, we're opposed to it because felons don't tend to vote Republican." The bill did pass, however, and took effect in 2006.

The Sentencing Project estimates that 5.3 million Americans are prohibited from voting because of their criminal history, many because of drug convictions. At least 16 states have made it easier in recent years for felons to have their voting rights restored.

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