http://www.courier-journal.com...1-felons0906-9394.html
With various states rescinding regulations that put restrictions on felons regaining the right to vote, Kentucky is moving against the grain.
:frown:
FRANKFORT, Ky. ? Concerned that past governors had restored voting rights to felons too easily, Gov. Ernie Fletcher has given prosecutors unprecedented power to reject applications.
Fletcher also now requires felons who want to vote again to provide three character references and tell him in writing why they should be allowed to cast ballots.
Civil libertarians, voting rights advocates and some Democrats contend the policy adds unnecessary, time-consuming steps that could keep hundreds of felons away from the polls this year. A process that used to take less than a month now takes six weeks to three months.
John Roach, Fletcher's top lawyer, defended the policy, saying applications received little or no scrutiny under the former policy, and some felons were allowed to vote again even though they owed restitution to victims.
"It had certainly become an easy, pro forma exercise," Roach said. "But we felt it was appropriate for someone who is a felon ? that the law said their civil rights were taken away ? it wasn't too much to ask them to simply state in their own words why they wanted them to be restored and why they deserved it and to provide those references."
Under state law, the governor decides whose rights to restore, but Roach said Fletcher's policy gives prosecutors more say in the decision than they had in the past.
"We are relying heavily, if not almost exclusively, on the commonwealth attorneys and the fact that they know these individuals and have a much better feel of where the person is," Roach said.
Sandy Canon, executive director of the National Conference for Community and Justice in Lexington, said she believes the process is unfair and biased against unskilled writers.
"As long as an individual has completed his or her sentence and conditions the court set for them, we believe there should be no additional barriers," said Canon, whose organization, formerly known as the National Conference of Christians and Jews, is a nonprofit group dedicated to fighting bias.
"These applicants are disproportionately persons of color and from low economic strata. For many of them, writing a letter is a barrier," Canon said.
The restoration of civil rights means only that felons can vote and hold public office, not that they can own a firearm or have been pardoned.
David Martin, 50, a mortgage broker from Louisville who served time on a felony escape charge, said he wants to vote in November but is worried he won't have the chance because he didn't apply until August. Under the new process, he is likely to be too late to meet the deadline.
"I've served my time, and I don't know any reason why I shouldn't be allowed to vote except for bureaucratic bull," he said.
Backlog
More than 600 applications from felons are awaiting Fletcher's decision, with about a month left before the Oct. 4 deadline to register to vote in the November election.
Records of the Kentucky secretary of state's office show that Fletcher signed his first two orders July 26.
Five more were signed in early August, and 94 were filed the last day of August.
By comparison, former Gov. Paul Patton began issuing orders one month after taking office in 1995 and issued 637 through August of his first year.
His predecessor, Brereton Jones, began issuing such orders his third month in office, and issued 82 through August of his first year.
Patton said that his policy was to approve all applications as long as the felon had successfully completed his or her sentence ? including payment of any restitution.
"Society must impose a punishment on felons. But once that punishment has been completed under terms set out in the law, my philosophy is we should not impose a residual punishment for the rest of their lives," Patton said.
Patton declined to comment on Fletcher's policy.
The 101 felons whose applications have been approved by Fletcher served time for a broad range of crimes: one was convicted of murder, two of manslaughter, two for rape, one on a federal child pornography charge.
Many were convicted of drug possession or trafficking.
Roach said that of 724 applications received by Fletcher's office, nine have been denied on the recommendation of a commonwealth's attorney. Most of the remaining 614 cases are stalled until applicants send in the newly required letter, Roach said.
Some prosecutors applauded Fletcher's action.
"This administration has instituted a far more thoughtful process. I think it's an outstanding decision," said Ray Larson, Fayette County commonwealth's attorney. "It was too easy under Gov. Patton for a felon to get his voting rights restored."
Larson said he will object to applications from murderers and pedophiles.
"We are all born with certain unalienable rights. When someone chooses to give up those rights through certain behaviors, then those rights are lost and have to be earned back. I don't think earning those rights back should be automatic or so easy," Larson said.
How it works
States handle civil rights restoration differently.
Felons in Indiana lose the vote only while incarcerated.
Tim Rusch, a spokesman for New York-based Demos, which advocates for voter access, said Kentucky is one of six states that do not have some form of automatic restoration of voting rights.
In Kentucky, only an order of the governor can restore those rights.
Under the former policy, Kentucky felons had to fill out an application from the state Department of Corrections, and a parole officer would verify the sentence had been completed. The commonwealth's attorneys from where the felony was committed and in the applicant's home county were given a chance to object.
The Fletcher administration has added steps.
After the governor gets completed applications from the Department of Corrections, the applicants must submit the letter and list of three references.
The governor then sends the letter and references to the commonwealth's attorney, who has 30 days to object. That gives prosecutors two opportunities to object.
Roach defended Fletcher's delay in reviewing applications, saying the new administration had been busy with the budget and tax modernization and reorganization.
And when Fletcher began examining the process, he found prosecutors wanted more input, Roach said.
Roach said he, not Fletcher, reviews the cases.
"Certainly if there was an issue that I thought would rise to something he needed to look at, I would bring it to his attention. But he relies on me, the general counsel, to lead in this matter."
Beth Wilson, executive director of the American Civil Liberties Union in Kentucky, said Kentucky's process is too stringent and adds more than a month to possible approval.
"Kentucky is one of just a handful of states that don't allow restoration of voting rights in a fairly automatic way. And adding extra steps to the process is a barrier to voting," Wilson said.
State Sen. Ernesto Scorsone, D-Lexington, said the policy serves to extend punishment.
"We need to appreciate that people do turn their lives around. If they serve their time, comply with court orders and want their rights restored, we need to welcome them back."
With various states rescinding regulations that put restrictions on felons regaining the right to vote, Kentucky is moving against the grain.
:frown:
