Voting Rights Restored to the District’s Incarcerated
July 10, 2020
The D.C. Council has restored the voting rights of Washington, D.C., residents who are incarcerated for felony convictions as part of the D.C. Comprehensive Policing and Justice Reform Amendment Act of 2020 (B23-0774) passed on July 7.
The act includes other significant reforms such as a prohibition on neck restraints; limitations on the use of internationally banned chemical weapons, riot gear, and less-lethal projectiles to disperse a First Amendment assembly; and establishment of a Use of Force Review Board tasked with overseeing investigations into complaints relating to police tactics.
Advocates in favor of the act point to the large number of disenfranchised black citizens whose disproportionate arrest and incarceration has stripped the community of its full political voice. A 2018 survey by the Prison Policy Initiative counted around 6,000 D.C. residents incarcerated in federal facilities. Rates of incarceration generally are declining, and the rate of incarceration for the black community has fallen faster than that of other groups, according to Bureau of Justice statistics. However, a Pew Research Center analysis of 2017 data found that black people continue to be imprisoned at six times the rate of whites nationwide.
Some uncertainty remains whether prisoners will have an opportunity to vote in November’s election. As emergency legislation, the bill will expire in 90 days unless extended or made permanent by the council. Mayor Muriel Bowser could veto the act, though she has been an outspoken supporter of restoring voting rights to prisoners. Those convicted of felonies in the District are incarcerated by the Federal Bureau of Prisons and are scattered across the country, creating unique logistical challenges.
In the interim, debate over the act’s provisions continues. The D.C. Police Union criticized the act, saying that it merely purports to introduce reform and does a disservice to citizens plagued by violent crime. Councilmember Robert C. White Jr., who has led efforts to introduce the measure, had his own perspective on the law, calling it a huge step for justice and true democracy.
Prior to passage of the act, D.C. felons had their voting rights restored upon release from prison. This policy was comparable to the procedure used by a total of 16 states, according to a 2019 survey by the National Conference of State Legislatures. In 21 states, felon voting rights are restored at some point following a convict’s release, typically after the completion of parole or probation. In 11 states, felons lose their right to vote indefinitely, or until some other action is taken such as the grant of a pardon by the governor, the passage of a waiting period, or the completed payment of fines, fees, and restitution.
The District joins two states, Vermont and Maine, that have preserved voting rights for incarcerated citizens. The act also makes Washington, D.C., the first jurisdiction to restore voting privileges to the incarcerated.
