Minnesota Supreme Court to review law easing voting restrictions for convicted felons
The Minnesota Supreme Court to Hear Arguments on Restoring Voting Rights for Convicted Felons
The Minnesota Supreme Court is gearing up to hear arguments for a groundbreaking new law that aims to restore voting rights to convicted felons who are on parole, probation, or work release. This move marks a significant shift from the previous policy, which only allowed felons to regain their voting rights after completing their parole or probation and settling their restitutions.
In a bold move, Governor Tim Walz approved House File 28 in March 2023, granting felons who are still under probation, parole, or supervised work release the right to vote, regardless of their conviction status. However, the Minnesota Voters Alliance, a conservative organization known as “election integrity watchdogs,” attempted to challenge this law by filing a lawsuit in June.
A Battle for Civil Rights
“Even if we assume that the words ‘civil rights’ as used in Article VII, Section 1, were intended to broadly include any right that a person has, it does not follow from the fact that some of those rights may be restored upon release from incarceration that all civil rights must be restored,” argued the MVA in their lawsuit. “Different rights may be restored at different times (and may be limited in different ways at different times).
“Indeed… the constitutional rights of parolees and probationers may be limited in ways that the rights of persons who have completed their sentences may not be,” the group continued.
After the initial dismissal of the case by a state judge, the MVA appealed the decision and successfully secured a hearing before the Minnesota Supreme Court. Chief Justice Natalie Hudson will preside over the arguments on April 1.
Democratic state Rep. Emma Greenman, a voting rights attorney, expressed her confidence in the outcome of the lawsuit, stating, “While I’m confident the right to vote for Minnesotans on probation and parole will survive this meritless challenge, this is a shameful attempt to use the legal system to sow doubt and confuse voters in order to suppress the vote.”
Under the new law, approximately 55,000 convicted felons in Minnesota who are not currently incarcerated will be eligible to vote in the upcoming elections. This move aligns Minnesota with Washington, D.C., Vermont, and Maine, which already allow incarcerated individuals to vote. Additionally, 38 other states restore voting rights to convicted felons after their release.
This lawsuit comes at a time when many Democratic leaders have been advocating for felon re-enfranchisement, arguing that it enhances people’s access to democracy in preparation for the 2024 elections. Meanwhile, the Republican Party has been pushing for stricter voting laws, citing concerns over election security following the 2020 cycle.
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Does denying voting rights to convicted felons violate their civil rights?
Cluding voting rights, it is clear that the framers did not intend for individuals who have been convicted of crimes to enjoy the same rights as law-abiding citizens,” argued Andrew Cilek, executive director of the Minnesota Voters Alliance (MVA), during a press conference earlier this year.
The MVA claims that the new law violates the Minnesota Constitution, which states that “every person 18 years of age or more who has been a citizen of the United States for three months and who has resided in the precinct for 30 days next preceding an election shall be entitled to vote in that precinct.” According to the MVA, convicted felons are not included in this category.
On the other hand, supporters of the law argue that denying voting rights to convicted felons is a violation of their civil rights. They believe that everyone deserves a second chance and that restoring voting rights is a crucial step in the rehabilitation process. Voting is seen as a fundamental right that should not be stripped away permanently, especially when individuals are already reintegrating into society.
James Harper, executive director of the Minnesota Second Chance Coalition, a nonprofit organization advocating for criminal justice reform, argues that “by allowing convicted felons to vote, we are not only giving them a voice in the democratic process but also empowering them to be responsible citizens. It encourages them to become actively engaged in the community and helps reduce recidivism rates.”
The Minnesota Supreme Court is now tasked with determining whether House File 28 is in line with the state’s constitution. Both sides will present their arguments in front of the seven-member court, which includes Chief Justice Gildea and Associate Justices Anderson, Gordon, Lillehaug, McKeig, Thissen, and Hudson.
Legal experts predict that the court’s decision will have far-reaching implications beyond Minnesota. If the law is upheld, other states may follow suit and enact similar measures, leading to a significant change in the way felons’ voting rights are handled across the country. Conversely, if the law is struck down, it will affirm the status quo and reinforce the prevailing belief that voting rights should not be restored until felons have fully served their sentences.
The outcome of this case will undoubtedly shape the future of voting rights for convicted felons not only in Minnesota but across the United States. It will influence discussions surrounding criminal justice reform and spark debates about the extent of civil rights for individuals with criminal records.
As citizens await the Minnesota Supreme Court’s decision, the question remains: should convicted felons on probation, parole, or work release have the right to vote? This case will determine whether Minnesota is ready to redefine its approach to felon voting rights and set a precedent for other states to follow.
Regardless of the court’s decision, this case has already ignited a national conversation about the intersection of criminal justice and voting rights, prompting individuals to reevaluate their perspectives on rehabilitation and reintegration into society. It serves as a reminder that democracy is a dynamic system that requires constant reevaluation and adaptation to ensure all voices are heard.
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