ACLU hopes state's convicted felons regain voting rights

Sunday, November 02, 2008

By OLIVIA TURNER

Special to the Press-Register

http://www.al.com/press-register/stories/index.ssf?/base/opinion/1225620959176580.xml&coll=3

In the Press-Register's editorial of Oct. 11, titled "Activists trying to mobilize ex-cons," the American Civil Liberties Union is described as having "a political agenda it cloaks in high-minded rhetoric about 'rights.'"

The ACLU's only agenda is to defend the individual rights and liberties that the Constitution and laws of the United States guarantee to every person in this country.

This agenda — to preserve and strengthen American freedoms — is precisely why we filed Baker v. Chapman, the voting rights case, to challenge the disfranchisement of more than a quarter-million Alabamians who have been told that they cannot vote.

Confusion over Alabama's voting rights laws abounds. At present, there are four different lists — created by four different government entities — of felonies that disqualify people from voting.

Each of these lists — compiled by the Legislature, the attorney general, the governor's office and the Administrative Office of the Courts — contains different felonies that are disqualifying.

Registrars in some counties use the attorney general's list, while registrars in other counties consult the governor's list. In still other counties, registrars have their own county attorneys check criminal records of individuals and do their own research.

A person's right to vote should not be determined based on the county in which he or she lives. A uniform standard of voter qualifications must be established so that all Alabama voters know their rights.

The ACLU's position in Baker v. Chapman is clear: The Alabama Legislature is the branch of government that should determine who is a qualified voter in the state. The authority to establish voter qualifications is specifically given to the Legislature in the state constitution.

The plaintiffs in Baker v. Chapman are individuals who acknowledge their past mistakes. They want to improve the quality of their lives and take their civic responsibilities seriously.

While our felon re-enfranchisement work is important, it is hardly the only area in which we have lobbied and litigated to protect civil liberties and the rights of everyone in our country.

For decades the ACLU has been fighting to protect the equal right to vote of all Americans. We have brought literally hundreds of voting rights lawsuits across the country on behalf of Americans of every description and all political persuasions.

The ACLU is committed to the principle reiterated by the Supreme Court, that the right to vote is "fundamental" because it is "protective of all rights."

In Alabama, the ACLU has long worked to protect this fundamental right. We represented plaintiffs in Reynolds v. Sims, the landmark 1964 Supreme Court decision that applied "one person, one vote" to legislative redistricting in Alabama.

In the 1980s, we successfully challenged at-large voting systems throughout the state in Dillard v. Crenshaw County I and II, and we helped restore the right to vote to persons convicted of misdemeanors considered crimes of moral turpitude in Hunter v. Underwood.

With Baker v. Chapman, we continue the tradition of fighting to uphold the right to vote for everyone.

The defense of civil liberties knows no party bounds, which is why the ACLU remains nonpartisan and has never endorsed a political candidate.

Organizations we have proudly stood with on different issues include the American Conservative Union, People for the American Way, the Eagle Forum, Leadership Conference on Civil Rights, Americans for Tax Reform, Planned Parenthood, the National Rifle Association, Amnesty International and the Family Research Council.

The Bill of Rights was established in the U.S. Constitution to protect our individual civil liberties from encroachment by the government. These rights and freedoms are the cornerstone of our democracy, and they define what makes us American.

The ACLU fights for civil liberties and believes they must always be respected.

We will continue to work in courts, legislatures and communities across the country to defend the Constitution wherever it is threatened.

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