2014
ANALYSIS OF HB 70 AS AMENDED AFFECTS VOTING RIGHTS OF OVER 100,000
· Kentucky one of four
most restrictive states banning former felons from voting
· Original provisions
of HB 70 automatically restore rights to about 180,000 individuals if
Constitutional amendment approved
· HB 70 as amended
requires 5-year waiting period and imposes other restrictions denying or
delaying restoration of voting rights for 100,000 individuals
· Amendments put undo
burden on election officials
Frankfort, KY - The League of Women Voters of
Kentucky released “An Analysis of the Impact of HB 70 and Proposed
Amendments Regarding Voting Rights for Persons with Felony Convictions”
today. Under House Bill 70 as originally proposed, permanent disenfranchisement
would be eliminated for all but a handful of offenses and all rights would be
restored at completion of sentence. Amendments introduced in the Senate last
week, would substantially limit the number of individuals who would benefit
from the policy change, as well as create greater administrative burdens for
election officials. It is estimated that as many as 55% of the ex-felon
population currently disenfranchised in Kentucky would continue to be excluded
from the automatic rights restoration process if these amendments were enacted
and the proposed Constitutional amendment are approved by
voters. According to a 2013 League report Kentucky has the third highest rate of
citizens and the second highest rate of African Americans who have lost
their right to vote despite completing their full felony sentence
According to the
recent analysis, of the 180,000 former felons who have completed their
sentences and who would have voting rights restored under original provisions
of HB 70, 100,000 would be adversely affected by these amendments.
Kentucky’s
disenfranchisement policies are harsh compared to most states. Neighboring
states Illinois, Indiana and Ohio restore voting rights immediately upon
release from prison, and Missouri, Tennessee and West Virginia restore rights
upon completion of probation or parole supervision. None of these states impose
any restrictions on the right to vote for any offense after completion of
sentence.
The amendments to HB
70 impose a five-year waiting period after sentencing has been completed and
disqualify anyone with more than one felony conviction from automatic
restoration of voting rights. These limits would create an undue burden for
County Clerks who would be obligated to certify that individuals
had completed the full waiting period, a challenging task.
The League has a
longstanding belief that every citizen of our Commonwealth should be protected
in the right to vote. Legislative co-chair of the state League, Terry Naydan
said, “The League supports HB 70 without amendments as we seek to increase
citizen participation in our state’s electoral process, as most other states
have done.”
“The League was created by women who
struggled many years seeking the right to vote,” said Cindy Heine, League
co-president. “We believe citizens who have made a mistake should have that
right reinstated once they have completed their full sentence and/or parole.”
The state League of Women Voters takes
positions only after deliberation and consensus from local Leagues across the
state.
“An
Analysis of the Impact of HB 70 and Proposed Amendments Regarding Voting Rights
for Persons with Felony Convictions,” February 2014; Felony
Disenfranchisement in the Commonwealth of Kentucky: a Report of the
League of Women Voters of Kentucky, January 2013 and October
2006 are available at lwvky.org/about/publications/.
