On Feb. 9, 2004, on this page we advocated restoration of voting rights to otherwise eligible New Jerseyans who are incarcerated or on parole and probation for felonies (“Let Them Vote,” February 9, 2004, p.22). Article II, sec. I, para. 7 of our state constitutions authorizes the Legislature “to deprive persons of the right of suffrage who shall be convicted of such crimes as it may designate.” Denial of voting rights is but one element on a long list of disabilities that plague those who are formerly incarcerated. The recent increased attention to the problems of mass incarceration, and reentry for ex-offenders has included a number of important reforms. Now, after all these years Gov. Murphy last week signed into law a bill that will restore voting rights to those on probation or parole, but not those who are incarcerated. Advocates state that that will be the next step. The new law is reported to affect about 80,000 people.
Denial of voting rights for people convicted of felonies has a demonstrable, disparate effect on racial minorities. Over 60% of those disenfranchised are African American or Latinx. Research has shown that this negative effect spreads beyond just the disenfranchised person, to family members and neighbors. Over a decade ago litigation on this basis, contending that the disparate effect still violated our state constitution’s equality doctrine in Article I, para. 1, despite the constitution’s affirmative grant of authority to the Legislature, failed in the Appellate Division, with our Supreme Court denying certification. The Legislature has now acted, at least partially, to eliminate this unwise and counterproductive discrimination. We are pleased that the governor has signed the bill and hope that the state moves quickly toward its implementation. Our fellow citizens who have been released from incarceration deserve to wear buttons proclaiming “I Voted” on election day.
