ACLU challenges Alabama Voter Disfranchisement Laws in Court
Group Says "Moral Turpitude" Interpretation Violates Constitutional Right To Vote submitted by James Freeland, ACLU National and Sam Brooke, ACLU of Al

MONTGOMERY, AL - The American Civil Liberties Union and ACLU of Alabama filed a lawsuit today challenging the state's disfranchisement laws and practices as unconstitutional. According to its state constitution, Alabama may deny voting rights to individuals who have been convicted of felonies involving "moral turpitude."

Although this term is not defined, the constitution states that only the legislature can decide which felonies qualify under this category.

The legislature has in fact adopted a short list of about 15 serious felonies that meet this definition for disfranchisement, including murder, impeachment, treason, rape, and various sex related offenses.

But in 2005, Alabama Attorney General Troy King developed his own broader list of disfranchising felonies, as well as a short list of those which are not. The attorney general's list includes 16 felonies that are disqualifying, including passing a bad check, and six that are not disqualifying, such as possession of controlled substances and DUI-related offenses. Other felonies were simply not addressed. In addition, voter registrars across the state are currently disqualifying citizens from voting for felony convictions that neither the legislature nor the attorney general has ever listed in the disfranchising category.

"Alabama's disfranchisement laws do not pass constitutional muster. The state is disfranchising thousands of eligible voters through an arbitrary system of election administration that ignores the state constitution and the legislature's listing of disfranchising offenses that involve 'moral turpitude,'" said Laughlin McDonald, director of the ACLU Voting Rights Project. "When it comes to something as fundamental as the right to vote, arbitrariness has no place in the law. That is why the court should fix this problem before more citizens are unlawfully disfranchised - and with the election right around the corner, time is of the essence."

The ACLU is representing individuals who have been wrongly disfranchised by the state of Alabama.

"I have voted many times before. My father taught me this is what every American should do. But when I tried to register a few weeks ago I was told I couldn't," said Annette McWashington Pruitt, a plaintiff in today's case who received her first and only felony conviction in 2003 for receiving stolen property. Neither the Attorney General nor the Legislature has said her felony is disfranchising, but she was still turned away. "My youngest son just turned 18 and is going into the Navy. I have another son in Iraq right now. Voting is really my duty because it represents the freedom my sons are protecting overseas."

Kristen Hall, another plaintiff in today's case, agrees: "I have never voted before, but the election this year is really important, and I want to make sure my voice is heard."

Alabama law allows a person convicted of a crime involving moral turpitude to apply for voting rights restoration from the Board of Pardons and Paroles, but the applicant must have paid all fines, court costs, fees, and restitution associated with their sentence before being eligible to vote again. Denying the right to vote based on one's failure or inability to pay these fees discriminates on the basis of wealth and is the equivalent of a poll tax.

In today's lawsuit, the ACLU seeks to block state election administrators from disqualifying any voter who has a felony conviction not on the moral turpitude list developed by the legislature. The ACLU also asks the court to strike down the discriminatory fee provision of the voter restoration process.

"There is no compelling or legitimate governmental interest in keeping a wealth-based voter restoration system that is nothing more than a modern-day poll tax," said Olivia Turner, Executive Director of the ACLU of Alabama. "Everyone knows Alabama's ugly voting-rights history. It is disappointing that discrimination based on income, and completely arbitrary disfranchisement, continues to permeate our state voting system. These practices need to end."

ACLU Attorneys on today's case are McDonald and Nancy Abudu of the ACLU Voting Rights Project, and Allison Neal of the ACLU of Alabama.

The complaint in today's case is available at: www.aclu.org/votingrights/exoffenders/36053lgl20080721.html
More information on the ACLU Voting Rights Project is available at: www.votingrights.org.

More information on the ACLU of Alabama is available at: www.aclualabama.org.

(WSFA 12 News)
The ACLU says Alabama's voter laws disenfranchise many convicts who should be allowed to vote.

Steven Frame for The New York Times
Anna Reynolds, a former convict, with her ballot in Dothan, Ala. “Voting, that’s part of getting back to normal life,” she said.