In a controversial move, Governor Andrew Cuomo last Wednesday announced he is issuing an executive order to restore the voting rights of parolees. The measure is set to restore the right to vote upon release from incarceration and reverse disenfranchisement for up to 35,000 convicted felons on parole.
“It is unconscionable to deny voting rights to New Yorkers who have paid their debt and have re-entered society. This reform will reduce disenfranchisement and will help restore justice and fairness to our democratic process. Withholding or delaying voting rights diminishes our democracy,” said Cuomo.
Additionally, the order will extend to those felons already on parole as well as those who enter the parole system each month, a spokesman said.
According to the mandate, beginning May 1 of this year, the Commissioner of the Department of Corrections will submit a monthly record of individuals who have been released from prison onto parole supervision in the prior month. Each individual on the eligible list will be reviewed to determine whether he or she will be granted a pardon that will restore voting rights.
Assemblywoman Jo Ann Simon (D-Brooklyn Heights, Downtown Brooklyn, Cobble Hill, Carroll Gardens, Gowanus, Park Slope, Boerum Hill, DUMBO) is a strong supporter of the measure, noting that parolees have served their time and should be treated as legitimate members of society, regardless of their criminal past.
“They’ve served their time. The right to vote is a fundamental franchise. It’s a fundamental right in our American system. The fact that somebody is paroled after committing a violent versus a non-violent crime, doesn’t make any difference. Our criminal justice system has been brutal, it has been unequal, it has led to mass incarceration and there’s no reason why people should not have their voting rights,” said Simon.
According to the Governor’s office, parole voting restrictions have a disproportionate impact on New Yorkers of color, with African Americans and Hispanic New Yorkers comprising 71 percent of the population so disenfranchised. Civic engagement is linked to reduced recidivism and this action will promote access to the democratic process and improve public safety for all New Yorkers.
Current law allows convicted felons to vote once they complete their parole. However, people on probation never lose the right to vote, but many county election officials are unclear about the distinction between those on parole and those on probation, often resulting in illegal disenfranchisement.
A 2006 Brennan Center study reported that one-third of all New York counties incorrectly barred people on probation from registering to vote, while another third of all counties illegally made individuals show proof of their voter eligibility status.
However, not all state legislators are on board, Assemblywoman Rodneyse Bichotte (D-Ditmas Park, Flatbush) believes that Cuomo’s motivation behind the order is personal as he is up for election this year.
“My personal feeling is that parolees should have the right to vote. However, we as a state legislature have a right to know what is in the bill. We need to discuss who is included in the provision,” said Bichotte.
The skeptical assemblywoman went on to even hint at the legality of the executive order and Cuomo’s actions at skirting the legislative process in a bid to save his seat come primary election day Sept. 13. Cynthia Nixon is challenging the long-term incumbent on the Democratic line this year.
