LOS ANGELES CRIMINAL DEFENSE ATTORNEY
Many states deny convicted felons the right to vote.  The history of these laws is truly disturbing and is rooted only in ignorance and racism, with no legitimate purpose whatsoever.  In the 1890s, many states (particularly those in the South) created a comprehensive series of laws to limit black voting.  States created literacy and landownership requirements for voting, but also made disenfranchisement a consequence of crimes most likely to be committed by African Americans.  Back then, they weren't shy about it either.  Here's what Virginia Delegate Carter Glass had to say on the House floor:

"This plan of popular suffrage will eliminate the darkey as a political factor in this State in less than five years, so that in no single county of the Commonwealth will there be the least concern felt for the complete supremacy of the white race in the affairs of government."

So why do we have felon disenfranchisement laws?  Simply put, to ensure that white men can continue to run the country uninterrupted.  Today, one in three African-American males in Florida is unable to vote because of these laws.  The laws were struck down in the 1960s, but then quickly re-implemented by Southern States wishing to continue to suppress the black vote.

Before the Supreme Court will invalidate a law with a discriminatory effect, there must be evidence of discriminatory intent.  In 1900, the government was honest about its racism and Mr. Glass didn't feel a need to hide the true reason behind banning felon voting.  Courts struck down some of these laws, but only where the discriminatory purpose was clearly stated.  After the laws were struck down, the states re-enacted laws with virtually the same effect, but this time they didn't voice their racist intentions.  The only way I can look at this is that our courts, the supposed safeguard of our rights and the Constitution, really do not wish to fix the problems we face; they merely do not want to see or hear evidence of wrongdoing they must know is taking place.  In today's realm of political correctness, politicians will not voice a racist intention in voter suppression actions.  Obviously.  This does not mean that the

Many states still have felon voting bans, but can you think of any legitimate reason to keep people from participating in society while also expecting them to follow the rules?  In Germany, for example, inmates are encouraged to take part in the political process to facilitate rehabilitation reintegration into society.  Our government chooses alienation instead.  Only Vermont allows voting while incarcerated.  Other states should follow suit, and voting bans, whether lifetime or for a set number of years must go as well.

As a criminal defense attorney, the best I can do is to help my clients avoid felony convictions, but ultimately large-scale reform is necessary.  Felons should not be alienated from participation in their government, regardless of their race.  Additionally, it cannot be ignored that this issue disproportionately robs African-Americans and Latinos of their voice in our political process.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar