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From a Minnesota Majority position memo:
In 2008, after the US Senate race was ultimately decided by just 312 votes, it was discovered that over 1,000 ineligible convicted felons had unlawfully voted in the general election. Nearly 200 have since been convicted and approximately 100 more are awaiting trial. Most ineligible felon voters were never charged because they pled ignorance of the law and in Minnesota’s election statutes, this is actually a valid defense. The standard for conviction is “ineligible voter knowingly votes.” If an ineligible voter maintains ignorance, it’s very difficult to prove otherwise beyond a reasonable doubt. No one is convicted for “accidental” voter fraud.
Now that the problem of ineligible voters has been discovered by a non-governmental non-profit group, some see
legalizing felon voters as the solution. This is akin to determining that too many people are robbing banks and solving the problem by legalizing bank robbery.
Why are felons denied the right to vote?
Article VII of Minnesota’s Constitution is explicit that people convicted of felonies are not to be entitled or permitted to vote in any election in the state. It states in part, “The following persons shall not be entitled or permitted to vote at any election in the state… a person who has been convicted of treason or felony, unless restored to civil rights; a person under guardianship, or a person who is insane or not mentally competent.” The framers had good reasons for this.
- Felons are the most anti-social of all criminals. Their crimes are of the worst, most harmful and offensive nature. Murder, rape, robbery, gross fraud and conspiracy are examples of felony crimes. People who have demonstrated such gross disregard for the law, society and government should not be allowed to participate. They are outlaws, living outside the law and thus should not be allowed a hand in creating the laws that the law-abiding live under.
- Besides lawmakers, Judges, county prosecutors and sheriffs are elected positions. It is in the felon’s interest to elect lenient judges and incompetent or corrupt prosecutors and law enforcement officers. Candidates for sheriff should not be in a position to try to solicit the votes of felons under the supervision of the Department of Corrections.
- Deprivation of rights is the primary means of punishing and deterring crime in the United States. Felons on probation are prohibited from carrying a firearm, associating with certain people, entering certain establishments, may be subject to curfews and prohibitions of drug and alcohol use in addition to being prohibited from voting, until they have demonstrated their rehabilitation by successful completion of their sentence. At that point, they are considered to have “paid their debt to society” and are welcomed back into the civic process and their rights are restored. Many convicted felons never serve a day in jail. The deprivation of rights while on probation is the entirety of their punishment – should felons be punished for their crimes at all?
Even if the legislature determined that restoring voting rights to convicted felons prior to the completion of their
sentence was desirable, it would likely require an amendment to Minnesota’s Constitution.
The way to prevent corruption of our election process through the participation of ineligible voters, including felons and also non-citizens is to require all voters be subject to equal verification standards before voting. Currently, people who register more than 20 days before an election are verified as eligible before voting. Election Day registration currently requires no verification of eligibility, however, allowing may invalid votes to be cast and counted.
Minnesota is a forgiving state that leaves open the possibility of redemption. Convicted felons are restored to their
rights immediately upon successful completion of their sentence, including supervised release or probation. Our
probation system offers felons a chance to demonstrate their rehabilitation and integration into society. If they can do that, they can vote again. That’s current law and the mandate of the Constitution. It may not be easy, but it’s just.
Download the printable 1-page policy position memo (pdf).
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