Wednesday, April 25, 2012

The Democracy Restoration Act

Like most federal mandates, the so-called "Democracy Restoration Act" will cause more problems than it solves.

The ACLU is promoting the passage of a bill called the Democracy Restoration Act (http://bit.ly/IpFgFQ). This bill mandates states to restore voting rights to released convicts for federal elections.

No one is suggesting that the goal of the bill is not worthy. Social reintegration is a key factor in reducing recidivism rates. Voting rights are obviously an important part of this reintegration into society. Permanent disenfranchisement of citizens who have paid their dues to society is another way in which the criminal justice system is failing in its responsibilities.

The issue is not the motive, but the means. Actually implementing this federal mandate will inflict yet higher costs, additional bureaucratic overhead and even more confusion to already stressed state polling systems. Since the bill can only mandate participation in federal elections, states will basically need to manage two versions of the ballots. The normal one and one for disenfranchised voters for which votes in state and local elections cannot be counted. Many states already have difficulties with the polling process and the accuracy of tallied ballots. Imagine the doubt and confusion under this new rule.

A better approach that both respects states' rights and works to address the injustice would be to work at the state level to eliminate permanent disenfranchisement entirely and streamline the process of restoring voting rights when a convict is released.

The ACLU should be lauded for their advocacy on this issue, but they are misguided in following their usual pattern of "pass another law."

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