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Ex-offenders should have their voting rights restored

Gabriel "Jack" Chin and Gary Lowenthal Mar. 27, 2005 12:00 AM

Michelle Convie is a social worker, mother and grandmother. She owns property, pays taxes and works hard at a shelter for homeless women and children.

Because of two marijuana-possession convictions, both of them more than 20 years old, Michelle cannot vote, serve on a jury or hold elected office.

Michelle is not alone. Roughly 5 million Americans are barred from full citizenship even though they fully paid their debt to society.

As President Bush reported in his 2004 State of the Union address, "America is the land of second chance, and when the gates of the prison open, the path ahead should lead to a better life."

House Bill 2490, introduced by Rep. Ted Downing, D-Tucson, would restore the right of Michelle and countless other Arizonans to be responsible citizens.

All former inmates would automatically regain their voting rights once they completed their punishment and paid all fines and fees.

They would still have to petition a judge to regain the rights to carry or possess firearms after a suitable waiting period.

Existing law is confusing. First-time felons in Arizona have their rights automatically restored when they complete their sentence.

People with two or more convictions must wait two years and then must ask a judge to reinstate full citizenship.

That judge may choose to deny reinstatement. The application process is poorly understood, even by court personnel and prison officials. The law does not give judges a standard to apply. No office helps people navigate a complex legal process. This puts basic civil rights out of reach for many average ex-offenders.

HB 2490 would eliminate these obstacles. This would bring Arizona law into line with 38 states that have a similar or less-restrictive policy, including California, Utah, Colorado, New Mexico and Texas. Only ex-offenders who stay out of trouble could get their rights back. Anyone returning to prison would lose their right to vote.

This is the right thing to do, and it promises to reduce crime. A study sponsored by the National Science Foundation, among other research, found that people who have their rights restored are less likely to reoffend than people who are isolated from the mainstream, law-abiding community.

These people paid their debt to society. They served their time and paid their restitution. If the goal of our laws is to hold people accountable, restoring a person's civil rights makes good sense. It once again lets them fully participate in the affairs of their community.

Arizonans pride themselves on self-sufficiency. We support the rights of people to make decisions and to have a say in their own lives.

Denying them such a right conflicts with our American values of compassion and equality. It undermines the basic democratic principles of our nation and state. We call on Arizona's legislators to stand up for true democracy and give the bill a fair hearing.

Gabriel "Jack" Chin is the Chester H. Smith Professor of Law and co-director of the Law, Criminal Justice and Security Program at the University of Arizona. Gary Lowenthal is a professor at the ASU College of Law.