<http://legaltimes.typepad.com/blt/2009/09/civil-rights-groups-seek-international-help-on-felony-voting.html>Civil
 
Rights Groups Seek International Help on Felony Voting

<http://legaltimes.typepad.com/blt/2009/09/civil-rights-groups-seek-international-help-on-felony-voting.html>http://legaltimes.typepad.com/blt/2009/09/civil-rights-groups-seek-international-help-on-felony-voting.html


The Sentencing Project and two national civil rights organizations 
have asked an international human rights body for a hearing on felony 
disenfranchisement laws in the United States and other countries.

The groups may know as early as next week whether the Inter-American 
Commission on Human Rights will accept their request for a hearing. 
The groups want the commission to decide whether laws and policies 
prohibiting convicted felons from voting violate the right to vote 
free from discrimination under the American Declaration on the Rights 
and Duties of Man and the American Convention on Human Rights.

"We wanted to bring attention to the issue of felony 
disenfranchisement and put a human rights framework on the issue," 
said Marcia Johnson-Blanco, a voting rights attorney with the 
Lawyers' Committee for Civil Rights Under Law. "We've been litigating 
the issue in the courts and felt we sort of hit a block in our 
system."

By casting the issue as a human rights matter, she explained, 
advocacy groups have another avenue--an international one--in which 
to seek change.

The American Civil Liberties Union has joined the Lawyers' Committee 
and the Sentencing Project in requesting the hearing.

The Inter-American Commission on Human Rights, which promotes and 
protects human rights, has its headquarters in Washington, D.C., and 
is an autonomous organ of the Organization of American States, of 
which the United States is a member. Any person, group of persons or 
non-governmental organization may present a petition to the 
commission alleging violations of the rights protected in the 
American Convention and/or the American Declaration.

The American Declaration is not binding, according to international 
law scholars, but the commission's findings of facts and decisions 
are not a futile exercise. To the extent an authoritative body finds 
violations by the U.S. and the U.S. does not comply, it resonates and 
places the country in somewhat of an embarrassing position. The 
commission has had an enormous amount of credibility in the Americas 
for over 50 years, according to scholars.

If the commission grants their hearing request, the three 
organizations will provide an overview of the effect of felony 
disenfranchisement laws on racial and ethnic minorities, said 
Johnson-Blanco. That overview would include testimony from U.S. 
citizens who have lost the right to vote, academics who have studied 
the effects of these laws, and the attorneys and leaders of 
organizations involved in changing the laws.

Thirty-five states prohibit voting by individuals who are not 
incarcerated but are on parole; 30 deny voting rights to persons on 
felony probation; 10 states restrict the voting rights of certain 
individuals who have completed their sentences, and in two states, 
all individuals with felony convictions must obtain clemency from the 
governor before they can vote again, according to the Sentencing 
Project. Only two states-- Vermont and Maine-- do not disenfranchise 
individuals with felony convictions while incarcerated.

Posted by Marcia Coyle on September 30, 2009 at 11:40 AM
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