Minority Felons Win Round on Voting Rights

A federal appeals court Friday revived a challenge to the state’s practice of taking away felons’ voting rights, which minority inmates allege is discriminatory.

The San Francisco-based U.S. 9th Circuit Court of Appeals did not restore inmates’ voting rights, but sent the case back to U.S. District Court in Spokane.

The lower court will examine whether there is bias in the state’s criminal justice system, and whether taking away minority felons’ voting rights violates the federal Voting Rights Act.

The ruling “applies only in Washington state ... but it has nationwide relevance,” said Lawrence Weiser, a Gonzaga Law School professor representing inmates in the case.

District Judge Robert H. Whaley had dismissed the case brought by six inmates: four black, one Latino and one American Indian. He said the inmates failed to show that taking away felons’ voting rights was motivated by racial bias or had a discriminatory effect.

The appeals court said the lower court failed to consider evidence of bias in the state’s criminal justice system.

The appeals court noted, for example, that blacks made up about 3% of the state population but accounted for 37% of the “persistent offender” sentences handed down.

Assistant Atty. Gen. Jeff Even said the state was not discriminating based on race, and added that critics were trying to bring down the whole practice of taking away felons’ voting rights, not just as it applies to minorities.

Even said the practice was required by the state constitution. Voting rights are restored once inmates are released and fulfill requirements such as drug treatment or restitution. Washington is one of eight states that deny ex-felons the right to vote unless they take steps to have their civil rights restored.

On Thursday, Florida settled a lawsuit by agreeing to help restore voting rights to nearly 125,000 convicted felons who did not get enough advice on how to regain their rights.