Yes, restore voting rights to felons in Washington state - but not while still on probation or parole

In 2009, Washington state lawmakers restored voting rights to ex-prisoners with felony convictions. Democrats correctly called it a win for people whose rights were undermined by decades of discriminatory policies.

Their logic was sound: Once a person’s debt to society is paid, voting rights should resume.

But now state Democrats are going too far in the form of Senate Bill 6228. The measure, which sailed through a Senate committee last week, aims to restore voting rights to felons still under active supervision by the Department of Corrections under what is commonly known as probation or parole.

In short, their debt to society has not been paid in full.

The price of a felony conviction includes the suspension of a number of civil rights, including the voting franchise. There are good reasons why people still serving in community custody can’t travel to other countries, hold public office, serve on juries or own a gun.

As Senate GOP leader Mark Schoesler said at the bill’s hearing: “Punishment for a crime in Washington does not automatically end at the prison gate.”

Ah, but some Democrats believe they are slaying a dragon by the name of felony disenfranchisement. They are not.

Felony disenfranchisement laws have prevented, and continue to prevent, millions of Americans from exercising their right to vote, and they’re notorious for their racially disproportionate consequences. Mississippi, for example, has a set of 22 disqualifying crimes that ban people from voting for life.

Washington is not Mississippi, and our current system is not a vestige of America’s shameful tradition of poll taxes and literacy tests. Requiring a person to finish a felony sentence is not unreasonable.

The Washington Association of Prosecuting Attorneys, the ACLU and Attorney General Bob Ferguson see it otherwise.

Even the DOC supports the idea of automatically restoring voting rights to felons after confinement, though we suspect their reasons have more to do with logistics than liberty. The state now requires Corrections officials to develop cumbersome individual re-entry plans after completion of a felon’s sentence; under this bill, all inmates could get a one-size-fits-all voter registration packet when exiting the prison door.

In 2018, we applauded lawmakers for expanding voter participation by passing a sweeping voting reform package, one that implemented automatic voter registration, Election Day registration and pre-registration for older teenagers.

That same year we also supported a state version of the national Voting Rights Act; it boosted minority representation at the local level by calling for district-based elections instead of citywide.

But we maintain those whom the courts have deemed unfit to live in society, and those still in community custody, should have to wait before choosing Washington’s next judges, prosecuting attorneys and other officials.

A sponsor of SB 6228, Sen. Patty Kuderer, D-Bellevue, testified that voting is an “important tool” for a felon’s reintegration process.

Wrong. Voting isn’t a tool. It’s a right. And that right can be forfeited.

If passed, Washington’s new law could potentially add 9,000 voters to the rolls by 2021. It would also give Secretary of State Kim Wyman added responsibility of monitoring monthly voter eligibility and notifying voters of changes in their status.

We see nothing wrong with improved voter outreach, but we can’t discount the importance of finishing a felony sentence. Neither should lawmakers.

This story was originally published January 31, 2020 at 5:30 AM.