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House Co-Sponsorship Memoranda
House of Representatives
Session of 2015 - 2016
Regular Session
MEMORANDUM
| Posted: | September 28, 2015 09:53 AM |
|---|---|
| From: | Representative Joanna E. McClinton |
| To: | All House members |
| Subject: | Repealing certain sections of Title 25 and addressing voting rights for non-incarcerated persons. |
| In the very near future, I will be introducing legislation that proposes to repeal certain sections of Title 25 of the PA Consolidated Statues (Elections), which were invalidated by the Commonwealth Court on September 18, 2000 in the case of Mixon v. Commonwealth, 759 A.2d 442 (PA Cmnwlth 2000), which enabled non-incarcerated persons to lawfully register to vote in Pennsylvania upon release. Although both the Commonwealth Court and the Pennsylvania Supreme Court have already ruled on this matter more than a decade ago, there is still widespread confusion concerning the exact scope of suffrage rights possessed by our returning citizens. This confusion not only exists amongst our formerly incarcerated citizens, but also amongst our very own policy makers and public officials alike. This can be attributed to number of reasons, including a general lack of awareness, confusion due to the widely differing laws in each state, and the fact that Pennsylvania Statute still misleadingly prescribes that a person convicted of a felony cannot register to vote until at least 5 years has elapsed following their release from confinement. As this General Assembly continues to explore practical ways to undertake the task of comprehensive criminal justice reform, it is critically important that we not only concern ourselves with the singular goal of successful reentry without also placing our focus upon the much larger and impactful objective of full civil restoration for our deserving returning citizens. One clear facet of civil restoration includes the act of restoring one’s right to participate in the electoral process. In addition to some of the more obvious benefits of fully restoring suffrage rights to our returning citizens, such as extending democracy and reducing racial disparities in the way of access to the ballot box, it is also worth noting that such action also yields many benefits in the way of public safety. Specifically, there have been several reputable studies that have empirically proven that there is a causal effect in restoring voting rights to non-incarcerated persons and reducing overall rates of recidivism. In fact, in 2011 the Florida Parole Commission studied the issue and found that in 2010, only 5.4 percent of former inmates who had their voting rights restored recidivated, compared to 12.4 percent in the previous year when voting rights were not restored to that same cohort of former prisoners. While providing much needed clarity about the subject of voting rights in Pennsylvania is my primary concern, I also believe that this proposed measure creates the perfect opportunity for us, both Democrats and Republicans alike, to fully engage a vast an eligible electorate in our Commonwealth by further encouraging and incentivizing them to become personal stakeholders in our democracy. After all, isn’t this exactly what the concepts of penance and rehabilitation are predicated upon? Therefore, I ask that my colleagues please join me in providing our Commonwealth with an additional tool in combating crime, reducing recidivism and promoting democracy. If you have any questions, please do not hesitate to contact my office at (717) 772-9850 |
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Introduced as HB1855