State to appeal ruling on inmate voting
OLYMPIA, Wash. -- State Attorney General Rob McKenna and Secretary of State Sam Reed said Wednesday they will ask the U.S. Supreme Court to overturn an appellate court's decision that would give Washington state felons in prison and on community supervision the right to vote.
"I do believe that people have the right to adopt a social policy that if somebody violates their social contract, commits a felony, is sent to prison, that they can be denied their rights of citizenship and their right to be active in the community," Reed said. "I think that is fundamental and appropriate."
The 9th U.S. Circuit Court of Appeals ruled Tuesday that incarcerated felons should be allowed to vote in Washington to ensure that racial minorities are protected under the Voting Rights Act.
If upheld, the ruling means the more than 18,000 felons behind bars in the state could get back their right to vote - without having to wait until they are released from prison and are no longer on probation or parole.
In a 2-1 ruling, the judges said disparities in the state's justice system "cannot be explained in race-neutral ways."
Of the more than 18,000 felons in state custody in Washington who could get back their right to vote, 37.1 percent are minorities. Of that group, blacks make up the largest percentage, at 19.2 percent.
At a news conference on Wednesday, McKenna said he believes the court's decision is wrong.
"The correct course of action is to take this case up to the United States Supreme Court," he said. "The laws not just of Washington state, but of 48 states are at stake."
McKenna said the state would ask the 9th Circuit Court to stay their ruling until the Supreme Court decides whether to hear the case.
That would prevent county auditors from having to begin accepting voter registrations from incarcerated felons, he said.
"It would be unreasonable to require the state to start to implement the new system while this case is on appeal."
The original case was brought by six inmates who sued to get their voting rights back. It took 13 years for the case to reach the federal appeals court.
The ACLU of Washington, which filed court briefs supporting the inmates' lawsuit, is vowing to fight on.
"I think that it is an unusual decision," said Jennifer Shaw with the ACLU. "But I think that what we're seeing is people are finally recognizing that the way we've structured our laws is having these terrible impacts on communities of color, and it's time to make some changes."
"I do believe that people have the right to adopt a social policy that if somebody violates their social contract, commits a felony, is sent to prison, that they can be denied their rights of citizenship and their right to be active in the community," Reed said. "I think that is fundamental and appropriate."
The 9th U.S. Circuit Court of Appeals ruled Tuesday that incarcerated felons should be allowed to vote in Washington to ensure that racial minorities are protected under the Voting Rights Act.
If upheld, the ruling means the more than 18,000 felons behind bars in the state could get back their right to vote - without having to wait until they are released from prison and are no longer on probation or parole.
In a 2-1 ruling, the judges said disparities in the state's justice system "cannot be explained in race-neutral ways."
Of the more than 18,000 felons in state custody in Washington who could get back their right to vote, 37.1 percent are minorities. Of that group, blacks make up the largest percentage, at 19.2 percent.
At a news conference on Wednesday, McKenna said he believes the court's decision is wrong.
"The correct course of action is to take this case up to the United States Supreme Court," he said. "The laws not just of Washington state, but of 48 states are at stake."
McKenna said the state would ask the 9th Circuit Court to stay their ruling until the Supreme Court decides whether to hear the case.
That would prevent county auditors from having to begin accepting voter registrations from incarcerated felons, he said.
"It would be unreasonable to require the state to start to implement the new system while this case is on appeal."
The original case was brought by six inmates who sued to get their voting rights back. It took 13 years for the case to reach the federal appeals court.
The ACLU of Washington, which filed court briefs supporting the inmates' lawsuit, is vowing to fight on.
"I think that it is an unusual decision," said Jennifer Shaw with the ACLU. "But I think that what we're seeing is people are finally recognizing that the way we've structured our laws is having these terrible impacts on communities of color, and it's time to make some changes."