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Disenfranchisement

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Full-Text Articles in Law

Felon Disenfranchisement: What Federal Courts Got Wrong And How State Courts Can Address It, Lindsay Dreyer Jan 2022

Felon Disenfranchisement: What Federal Courts Got Wrong And How State Courts Can Address It, Lindsay Dreyer

Mitchell Hamline Law Review

No abstract provided.


Voter Id: Combating Voter Fraud Or Disenfranchising? A Comprehensive Analysis Of Voter Id Laws, Native American Disenfranchisement, And Their Intersection, Will Hyland Dec 2021

Voter Id: Combating Voter Fraud Or Disenfranchising? A Comprehensive Analysis Of Voter Id Laws, Native American Disenfranchisement, And Their Intersection, Will Hyland

University of Miami International and Comparative Law Review

This note discusses the contentious issue of voter ID laws and their ability to disproportionately affect various racial and ethnic groups, with specific attention paid to such laws’ effects on Native Americans. Since the 2000 election catastrophe and subsequent changes to our election system, voter ID laws have become a hot-button issue. Many states have enacted voter ID laws in the years since, some of which have resulted in restrictive voting requirements that may result in disproportionately discriminatory voter disenfranchisement. This note willa first give a general overview of the complicated and convoluted recent development voter ID laws, a history ...


Prohibiting The Punishment Of Poverty: The Abolition Of The Wealth-Based Criminal Disenfranchisement, Amy Ciardiello Jun 2021

Prohibiting The Punishment Of Poverty: The Abolition Of The Wealth-Based Criminal Disenfranchisement, Amy Ciardiello

University of Michigan Journal of Law Reform

The majority of U.S. states disenfranchise formerly incarcerated individuals because of their poverty by conditioning re-enfranchisement on the full payment of legal financial obligations. This Note discusses the practice of wealth-based criminal disenfranchisement where the inability to pay legal financial obligations, including fines, fees, restitution, interest payments, court debts, and other economic penalties, prohibits low-income, formerly incarcerated individuals from voting. This Note argues this issue has not been adequately addressed due to unsuccessful legislative reforms and failed legal challenges. An examination of state policies, federal and state legislative reforms, and litigation shows that a more drastic state legislative solution ...


Undefeated - Access / Intimidation Exhibit Panel, Sally Brown Sep 2020

Undefeated - Access / Intimidation Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Access / Intimidation poster

Definitions and examples of disenfranchisement and voter access interference.


Youth Suffrage: In Support Of The Second Wave, Mae C. Quinn, Caridad Dominguez, Chelsey Omega, Abrafi Osei-Kofi, Carlye Owens May 2020

Youth Suffrage: In Support Of The Second Wave, Mae C. Quinn, Caridad Dominguez, Chelsey Omega, Abrafi Osei-Kofi, Carlye Owens

Akron Law Review

The 19th Amendment is talked about as central to our nation’s suffrage story, with many situating women's suffrage work within feminist theory "wave" discourse. However, with this telling, scholars and others too frequently overlook young voters and efforts relating to their election law rights. This article seeks to remedy this oversight and complicate the voting rights canon, in addition to supporting efforts of today’s youth voting rights advocates. It does so by turning our attention to youth suffrage movements, which we argue also can be examined by way of a framework of "waves." The first to offer ...


Felony Disenfranchisement And The Nineteenth Amendment, Michael Gentithes May 2020

Felony Disenfranchisement And The Nineteenth Amendment, Michael Gentithes

Akron Law Review

The Nineteenth Amendment and the history of the women’s suffrage movement can offer a compelling argument against felony disenfranchisement laws. These laws leave approximately six million citizens unable to vote, often for crimes wholly unrelated to the political process. They also increasingly threaten gains in female enfranchisement.

Today’s arguments in support of felony disenfranchisement laws bear striking similarities to the arguments of anti-suffragists more than a century earlier. Both suggest that a traditionally subordinated class of citizens is inherently incapable of bearing the responsibility that the right to vote entails, and that their votes are somehow less worthy ...


A Narrowly-Tailored, Technical Disenfranchisement: Risking Death To Vote Amidst A Viral Pandemic, Athena Hernandez May 2020

A Narrowly-Tailored, Technical Disenfranchisement: Risking Death To Vote Amidst A Viral Pandemic, Athena Hernandez

GGU Law Review Blog

In what has been referred to as a tragedy for American democracy and one of the most egregious examples of voter suppression in history, a United States Supreme Court ruling on April 6th made it harder for citizens of Wisconsin to cast their votes amidst the coronavirus pandemic.


Developmental Justice And The Voting Age, Katharine Silbaugh Feb 2020

Developmental Justice And The Voting Age, Katharine Silbaugh

Faculty Scholarship

Several municipalities have lowered the voting age to 16, with similar bills pending in state legislatures and one considered by Congress. Meanwhile, advocates for youth are trying to raise the ages of majority across an array of areas of law, including ages for diverting criminal conduct into the juvenile justice system (18 to 21); buying tobacco (18 to 21); driving (16 to 18); and obtaining support from the foster care system (18 to 21). Child welfare advocates are fighting the harms of Adultification, meaning the projection of adult capacities, responsibilities, and consequences onto minors. In legal and social history, seeing ...


Does The Woman Suffrage Amendment Protect The Voting Rights Of Men?, Steve Kolbert Jan 2020

Does The Woman Suffrage Amendment Protect The Voting Rights Of Men?, Steve Kolbert

Seattle University Law Review

This Article—part of the Seattle University Law Review’s symposium on the centennial of the ratification of the Woman Suffrage Amendment—examines that open possibility. Concluding that the Nineteenth Amendment does protect men’s voting rights, this Article explores why and how that protection empowers Congress to address felon disenfranchisement and military voting. This Article also examines the advantages of using Nineteenth Amendment enforcement legislation compared to legislation enacted under other constitutional provisions.

Part I discusses the unique barriers to voting faced by voters with criminal convictions (Section I.A) and voters in the armed forces (Section I.B ...


Voter, Jefferson S. Arak Dec 2019

Voter, Jefferson S. Arak

Capstones

Ron Pierce, on parole in New Jersey, fights for a state bill that would re-enfranchise himself and 100,000 other New Jerseyans with criminal convictions.

Taught at a young age that voting is a duty to one's community, Ron works tirelessly to make sure that the fundamental right to vote does not leave New Jersey's neediest without a voice.

Meanwhile, state lawmakers may need to compromise their efforts to restore the right to vote in the face of political opposition.


The Disenfranchisement Of Ex-Felons In Florida: A Brief History, Sarah A. Lewis Dec 2018

The Disenfranchisement Of Ex-Felons In Florida: A Brief History, Sarah A. Lewis

UF Law Faculty Publications

This paper will explore the origins of Florida’s felony disenfranchisement laws in the period from 1865 to 1968. The first part of this paper will review the Thirteenth Amendment to the U.S. Constitution, which ended slavery, and the Florida Black Code, which sought to return freedmen to a slavery-like status. The second part of the paper will explore Florida’s reaction to the passage of the Reconstruction Act of 1867, which conditioned reentrance into the Union on the writing of new state constitutions by former Confederate states extending the right to vote to all males regardless of race ...


Concealed Motives: Rethinking Fourteenth Amendment And Voting Rights Challenges To Felon Disenfranchisement, Lauren Latterell Powell Mar 2017

Concealed Motives: Rethinking Fourteenth Amendment And Voting Rights Challenges To Felon Disenfranchisement, Lauren Latterell Powell

Michigan Journal of Race and Law

Felon disenfranchisement provisions are justified by many Americans under the principle that voting is a privilege to be enjoyed only by upstanding citizens. The provisions are intimately tied, however, to the country’s legacy of racism and systemic disenfranchisement and are at odds with the values of American democracy. In virtually every state, felon disenfranchisement provisions affect the poor and communities of color on a grossly disproportionate scale. Yet to date, most challenges to the provisions under the Equal Protection Clause and Voting Rights Act have been unsuccessful, frustrating proponents of re-enfranchisement and the disenfranchised alike.

In light of those ...


Cruel And Unusual Punishment: Denying Ex-Felons The Right To Vote, Amy Heath Jan 2017

Cruel And Unusual Punishment: Denying Ex-Felons The Right To Vote, Amy Heath

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Nineteenth Amendment Enforcement Power (But First, Which One Is The Nineteenth Amendment, Again?), Steve Kolbert Jan 2016

The Nineteenth Amendment Enforcement Power (But First, Which One Is The Nineteenth Amendment, Again?), Steve Kolbert

Florida State University Law Review

No abstract provided.


November Madness: A Proposal For Representative Democracy Brackets To Eliminate The Undue Influence Of Money On Elections, Daniel P. Valentine Jan 2016

November Madness: A Proposal For Representative Democracy Brackets To Eliminate The Undue Influence Of Money On Elections, Daniel P. Valentine

Texas A&M Law Review

This Comment proposes Representative Democracy Brackets, a multi-level manner of choosing candidates in which all voters have an equal voice, but which by its structure reduces the effect of mass marketing in favor of a focus on forming and evaluating interpersonal relationships. By implementing Representative Democracy Brackets, a state or the United States can achieve the twin benefits of decreasing the undue effects of political spending and increasing the quality of the resulting decisions. The proposed brackets winnow the pool of voters until it is small enough to make an informed decision.

This Comment defines the problem by reviewing the ...


The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton Jan 2016

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as ...


Who Should Be Afforded More Protection In Voting – The People Or The States? The States, According To The Supreme Court In Shelby County V. Holder, Tara M. Darling Aug 2015

Who Should Be Afforded More Protection In Voting – The People Or The States? The States, According To The Supreme Court In Shelby County V. Holder, Tara M. Darling

Touro Law Review

No abstract provided.


Transformation: Turning Section 2 Of The Voting Rights Act Into Something It Is Not, J. Christian Adams May 2015

Transformation: Turning Section 2 Of The Voting Rights Act Into Something It Is Not, J. Christian Adams

Touro Law Review

No abstract provided.


Voter Rights And Civil Rights Era Cold Cases: Section Five And The Five Cities Project, Paula C. Johnson May 2015

Voter Rights And Civil Rights Era Cold Cases: Section Five And The Five Cities Project, Paula C. Johnson

Journal of Race, Gender, and Ethnicity

No abstract provided.


An “Equal Sovereignty” Principle Born In Northwest Austin, Texas, Raised In Shelby County, Alabama, David Kow Apr 2015

An “Equal Sovereignty” Principle Born In Northwest Austin, Texas, Raised In Shelby County, Alabama, David Kow

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Path Forward From Shelby County V. Holder, Janet W. Steverson Apr 2015

The Path Forward From Shelby County V. Holder, Janet W. Steverson

Journal of Race, Gender, and Ethnicity

No abstract provided.


Grandpa, Charles Walker Apr 2015

Grandpa, Charles Walker

Journal of Race, Gender, and Ethnicity

No abstract provided.


Arc Of Injustice: Pre- And Post-Decision Thoughts On Shelby County V. Holder, Janai S. Nelson Apr 2015

Arc Of Injustice: Pre- And Post-Decision Thoughts On Shelby County V. Holder, Janai S. Nelson

Journal of Race, Gender, and Ethnicity

No abstract provided.


A Fugitive From The Camp Of The Conquerors: The Revival Of Equal Sovereignty Doctrine In Shelby County V. Holder, Vik Kanwar Apr 2015

A Fugitive From The Camp Of The Conquerors: The Revival Of Equal Sovereignty Doctrine In Shelby County V. Holder, Vik Kanwar

Journal of Race, Gender, and Ethnicity

No abstract provided.


On The Repeal Of The Voting Rights Act And The Breadth Of The Long Counter Revolution, Ifetayo M. Flannery Apr 2015

On The Repeal Of The Voting Rights Act And The Breadth Of The Long Counter Revolution, Ifetayo M. Flannery

Journal of Race, Gender, and Ethnicity

No abstract provided.


Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin Apr 2015

Backsliding: The United States Supreme Court, Shelby County V. Holder And The Dismantling Of Voting Rights Act Of 1965, Bridgette Baldwin

Journal of Race, Gender, and Ethnicity

No abstract provided.


Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández Apr 2015

Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández

Journal of Race, Gender, and Ethnicity

No abstract provided.


Shelby, Race, And Disability Rights, Ravi Malhotra Apr 2015

Shelby, Race, And Disability Rights, Ravi Malhotra

Journal of Race, Gender, and Ethnicity

No abstract provided.


Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan Apr 2015

Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan

Journal of Race, Gender, and Ethnicity

No abstract provided.


Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy Apr 2015

Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy

Journal of Race, Gender, and Ethnicity

No abstract provided.