Daily Archives: September 20, 2008

Ex-felons’ voting rights fool officials

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Survey finds almost half are unclear on certain aspects of the law

By Gina Smith

The State

S.C. election officials lack knowledge of some voting rules for people with criminal records, according to a new survey. Wednesday, representatives from the ACLU and the S.C. Progressive Network released a survey of election officials in each of South Carolina’s 46 counties.

On questions like whether people with misdemeanor convictions and people with out-of-state felony convictions may vote, an average of 48 percent of officials got it wrong. On basic eligibility questions, like whether residents with felony records could vote, officials fared much better, with about 5 percent getting the answer wrong.

“The history in South Carolina is preventing people from voting, and we’re still living that history,” said Brett Bursey, director of the S.C. Progressive Network. Several people the Network attempted to register to vote recently thought they couldn’t vote because of past incarcerations.

“The people on the streets don’t understand (the rules), and if they go to their election commission, they’re going to get this kind of wrong information,” Bursey said.

The two organizations hope the survey will result in more training for election officials. They also want the state to notify people when they regain their right to vote.

The State Election Commission, which oversees the 46 county election commissions, is questioning the survey’s methodology.

“I don’t know what to think about the survey,” said Chris Whitmire, commission spokesman. “I don’t know how it was conducted and who they talked to at the (election commission) offices, how were the questions asked and if there was any bias in the questions.” Whitmire also noted some of the questions were misleading.

Under South Carolina law, those convicted of felonies are prohibited from voting until they complete their sentences, including parole and probation. Those convicted of violating any election law – felonies or misdemeanors – are also prohibited from voting until their sentences have been served. Then, the right to vote is restored.

If convicted of any other misdemeanor, the person loses the right to vote while incarcerated.

All employees of the state’s election commissions must complete a state certification program, Whitmire said. An additional class is required annually.

Survey questions were asked of whoever answered the phone at the election commissions, to simulate the experience of regular callers, said Rachel Bloom of the ACLU.

Whitmire said the election commission may send a letter to the county commissions, reiterating voting rules to workers.

Results mixed in voting rights study

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State restores rights when sentences finished

By Jim Davenport

Associated Press

Sept. 18

COLUMBIA — An American Civil Liberties Union survey released Wednesday finds South Carolina election officials generally know that ex-felons can vote when they’ve completed their sentences. But the survey also shows that those officials don’t do so well when they are responding to more specific questions that affect 1,500 people completing prison, jail or probation time every month.

The civil rights organization has conducted similar surveys in 20 states, said Rachel Bloom, who oversees the group’s ex-felon voting programs. “The news isn’t all bad in South Carolina,” Bloom said.

The surveys were conducted in the state’s 46 counties with college students phoning and telling an election official they were conducting a survey on felon voting.

The results showed correct answers from 40 counties when asked about whether people could register to vote if they had completed parole, probation or incarceration time for a felony convictions. However, just over half got it right when asked about voting after being convicted in another state or for a federal offense.

South Carolina Election Commission spokesman Chris Whitmire said that some of the questions appeared to be confusing and that he wasn’t sure about the methodology used. “It’s hard for me to put a value on what their percentages are,” Whitmire said.

Still, he said, “county voter registration officials can do better jobs. We all can do better at what we do.”

The ACLU and South Carolina Progressive Network say the survey’s results show local election officials need to have a better understanding of the law. “The history of voter registration in the United States is a history of preventing people from voting and we’re still living that history,” said Brett Bursey. the Progressive Network’s executive director.

The groups called for better training of election officials and law changes that would restore voting rights immediately after someone leaves prison or jail. They also want to add the state Corrections Department and Parole and Probation to a list of agencies responsible for registering voters.

Whitmire said there are regular training sessions for county election officials and the Election Commission doesn’t oppose allowing those two agencies to join others as so-called “motor-voter” agencies.

A handful of state agencies register voters now, including the state Department of Motor Vehicles, Department of Social Service, Department of Health and Environmental Control and others that serve people with disabilities, such as the state Commission for the Blind.

Bursey also said the state quickly notifies felons after they’re convicted that they’ve lost voting rights, but does little afterward to tell them when they can vote.

Whitmire said letters mailed in the future to notify felons they’ve lost voting rights will tell convicts they can re-register once they’ve completed their sentences.ACLU: SC officials know when ex-felons may vote.