Bars and Polls

Washington felons on their way to the ballot box

By Skylar Lindsay

Published February 26, 2010

In 1996, six prison inmates brought a civil court case against the state of Washington in an attempt to regain the right to vote for felons across the state.

On January fifth, the original advocates of the case, led by Muhammad Shabazz Farrakhan, convinced the 9th District Court to overturn a precedent and rule in their favor, agreeing with the plaintiffs’ original claims. For those unfamiliar with legal jargon, such as myself, this court is one level below the U.S. Supreme Court.

The inmates claimed that revoking every felon’s right to vote violated the Voting Rights Act of 1965, which guaranteed equal voting opportunity to racial minorities. Central to the case was their claim that the state’s criminal justice system discriminated against racial minorities, to the point that a quarter of African-Ameican males in Washington are unable to vote.

Farrakahan brought to the Court the statistics that, compared to whites, African-Americans are four times as likely to be arrested for violent crimes in the state of Washington, but are nine times more likely to be in prison. The plaintiffs asserted that taking away felons’ right to vote, while not inherently racist, is unequal treatment given our justice system.

No one has argued that the newly-highlighted institutional racism in our justice system doesn’t exist. Some Washington voters however, including Garfield senior Neil Hinnant, believe that giving felons the vote isn’t a valid solution to the problem.

“This is a societal problem that, at its roots, will not be solved by allowing felons to vote,” says Hinnant. “Society and history have created a socioeconomic trend that causes minorities to be more likely to commit felony offenses.”

Washington State Attorney General Rob McKenna announced soon after the decision that he plans to appeal the decision to the Supreme Court, or at least to a larger panel of judges. The district court responded by suspending their ruling until the appeal is considered.

Whether the case serves to spark an investigation into the discrimination in our justice system or to actually reverse felon disenfranchisement laws, Washington will be setting a precedent.

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