The United States is the only one among modern democracies when it comes to depriving millions of citizens of the right to vote on the basis of criminal convictions. We examine the historical roots of the laws that underlie this disenfranchisement. In several other European countries, there is no deprivation of rights due to criminal convictions. European countries where prisoners are allowed to vote (from 2012) include Croatia, the Czech Republic, Denmark, Finland, Ireland, Latvia, Lithuania, Montenegro, North Macedonia, Norway, Serbia, Spain, Sweden, Switzerland and Ukraine. [61] The elimination of the rights and privileges inherent in association with a group; the deprivation of the rights of a free citizen, in particular the right to vote. Sometimes also called disenfranchisement. For elections in the Republic of Ireland, there is no deprivation of rights on the basis of a criminal conviction, and prisoners remain registered to vote at their address before being imprisoned. [39] Prior to 2006, the basis for postal voting was not detention, so those detained on election day could not vote in practice, although those who had been temporarily released could do so. [40] [41] In 2000, the High Court ruled that this was unconstitutional, and the government drafted a bill extending postal voting to prisoners in pre-trial detention or to serve prison terms of less than six months. [42] However, in 2001, the Supreme Court overturned the Supreme Court`s decision and the bill was withdrawn. [42] [43] Following the 2005 judgment of the European Court of Human Rights in the Hirst case, the Electoral (Amendment) Act 2006 was passed to allow all prisoners to vote by mail. [39] [40] [44] In Germany, prisons are required by law to encourage prisoners to vote. Only those convicted of electoral fraud and crimes that undermine the “democratic order,” such as treason, are barred from voting in prison.
[37] In Germany, the withdrawal of voting rights by order of a special court lasts from 2 to 5 years, after which the right to vote is restored. The special court orders described rarely occur, so that about 1-2 people per year throughout Germany lose their right to vote in this way. [38] Several other European countries allow deprivation of rights by special court order, including the France and the Netherlands. [60] During Reconstruction, after the Civil War, African South Americans briefly enjoyed voting privileges almost equal to those of whites. From about 1890, however, there was a legally sanctioned deprivation of rights on a large scale. For example, African Americans made up up 44 percent of Louisiana`s registered electorate in the years immediately following the Civil War, but by 1920 they made up only 1 percent of the electorate. In Mississippi, nearly 70 percent of African Americans with the right to vote were registered to vote in 1867; After 1890, less than 6% were eligible to vote. There have been similar declines in the percentages of black elected officials in all southern states.
Before conducting interviews in each state, the ACLU and The Brennan Center conducted an in-depth legal analysis of the state`s criminal disenfranchisement law. For each State, a separate set of questions has been developed on the basis of State law and the specific information sought in the State. The same questions were asked of all government election officials and their answers were carefully documented, along with the name of the official and the date and time of the interview. Whenever possible, we interviewed a representative from each local election office in each state. In countries where a large number of localities have made this difficult, a representative sample has been identified. Supporters argued that those who commit crimes have “broken” the social contract, renouncing their right to participate in civil society. Some argue that criminals have shown poor judgment and therefore should not have a voice in the political decision-making process. [22] Opponents have argued that such a restricted deprivation of the right to vote conflicts with the principles of universal suffrage. [23] It can have an impact on the participation of citizens and the community at large. [20] Opponents argue that the disenfranchisement of crime can create political incentives to distort criminal law in favor of a disproportionate focus on groups that are political opponents of those in power. Millions of Americans are excluded from our democratic process on the basis of criminal disenfranchisement laws. These laws deprive people who have already been convicted of voting, and they vary considerably from state to state.
Twenty-six states prohibit community members from voting simply because of beliefs in their past. Navigating this patchwork of state laws can be extremely challenging, especially because election officials often misunderstand the laws of their own states. Abrams was incredibly close to victory in 2018, when voter suppression, disenfranchisement and what some would call outright theft influenced the election results. In general, European countries have made the right to vote increasingly accessible in recent centuries. This also included maintaining the disenfranchisement in fewer and fewer cases, including criminal offences. In addition, most European states, including most outside the European Union, have ratified the European Convention on Human Rights, agreeing to respect the decisions of the European Court of Human Rights. [35] In hirst v. United Kingdom (No. 2), the Court found in 2005 that the general rules on automatic deprivation of rights based on convictions violated the European Convention on Human Rights. This penalty applied to both prisoners and ex-convicts. It did not exclude the possibility of withdrawal of the right to vote following advice in individual cases (such as that of Mohammed Bouyeri).
The United Kingdom has not complied with this opinion of the Court of Justice, although it is a signatory to the Convention (see below). The interviews revealed an alarming national trend towards de facto disenfranchisement: the state Supreme Court ruled that absentee ballots could be received three days after Election Day, after the Postal Service said delays in delivery risked depriving the right to vote throughout the state. Disenfranchisement, also known as disqualification of voters[1], or disqualification of electors, is the restriction of a person`s or group`s right to vote (the right to vote) or a practice that prevents a person from exercising the right to vote.