ACLU of Washington | Restoring the Right to Vote in Washington

Restoring the Right to Vote in Washington

August 19, 2004

Does Washington law deny otherwise eligible citizens the right to vote?

Yes. Although the right to vote is vital to citizenship, Washington law denies this right to one group of adults: ex-felons who have served their prison term, but who still owe money for outstanding "legal financial obligations."

A "legal financial obligation" is a monetary debt imposed by a sentencing court. It can include penalty assessments, docket and filing fees, court costs, court-appointed attorney fees, restitution and compensation to victims, and costs of incarceration. This debt compounds at an annual rate of 12%. The size of a court-imposed debt is unrelated to the severity of the offense; persons who commit a property damage infraction can face much higher financial obligations than persons convicted of a violent offense.

How many Washingtonians are disenfranchised as a result of the existing laws?

According to a 1998 Sentencing Project report, an estimated 151,500 Washingtonians are permanently or temporarily disenfranchised, representing 3.7% of the state's total voting population. This is almost double the national average for ex-felon disenfranchisement. For many of these individuals, these financial obligations are the only legal barrier preventing them from exercising their fundamental right as citizens to vote.

How are African Americans affected by Washington's felony disenfranchisement laws?

Racial disparity in Washington's incarceration rate, combined with laws barring ex-felons from voting until they have paid financial obligations, results in the disenfranchisement of approximately one-fourth of all African American males who are eligible to vote in Washington. By relegating these persons to the status of potentially permanent political outcasts, Washington law rolls back decades of civil rights gains for African Americans.

How can we restore the right to vote in Washington?

The American Civil Liberties Union of Washington has proposed legislation that will restore ex-felons' right to vote once one has completed his or her prison term and community supervision. The proposal would ensure that an individual's right to vote, the most important role and responsibility one has as a citizen, is not conditioned on one's economic status.

If individuals can vote before fully satisfying legal financial obligations, will they be motivated to pay off these debts?

Yes. Owing a debt to the state negatively affects an ex-felon's daily life. Until one satisfies his or her court-imposed debt, an individual has an open criminal record that is easily accessible to potential employers. In addition, an ex-felon continues to be supervised by the Department of Corrections, can have his or her wages garnished by a collection agency, or is even subject to jail if non-payment is willful. Ex-felons have the incentive to pay off their legal debts to liberate themselves from these negative consequences even if they can vote.

Can the state still collect the debt if an ex-felon's voting rights have been restored?

Yes. The state can collect legal financial obligations from former offenders in the same manner it does from anyone who owes a debt to the state, such as persons who owe payments for child support, education debts, or tort judgments. Since the state does not strip these debtors of the right to exercise their most precious right of citizenship, it should not treat debts relating to criminal judgments differently.

Does restoring voting rights promote rehabilitation of ex-felons?

Yes. Restoring rights and responsibilities of citizenship is an important part of rehabilitation. Instead, our present system alienates and isolates ex-felons by treating them as non-citizens.

What can you do to restore the right to vote to individuals who have performed their punishment?

Contact your state representatives and senators to express your support for the ACLU's proposed law.

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