Court Revives Wash. Inmate Voting Case

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By Associated Press

Published: 07/28/2003

A federal appeals court Friday revived a challenge to the state's practice of taking away felons' voting rights, which minority inmates allege is discriminatory.
The 9th U.S. Circuit Court of Appeals did not restore inmates' voting rights, but sent the case back to U.S. District Court in Spokane.
The lower court will examine whether there is bias in Washington state's criminal justice system, and whether taking away minority felons' voting rights violates the federal Voting Rights Act.
'We recognize that this is a difficult issue and that it requires a searching inquiry,' Judge Richard A. Paez wrote for the San Francisco-based appeals court.
The ruling 'applies only in Washington state ... but it has nationwide relevance,' said Lawrence Weiser, a Gonzaga Law School professor representing inmates in the case.
Assistant Attorney General Jeff Even said the state hasn't decided whether to ask the circuit court to rehear the case, or whether to appeal to the Supreme Court.
District Judge Robert H. Whaley had dismissed the case brought by six inmates: four black, one Hispanic and one American Indian. He said the inmates failed to show that the state's practice of taking away felons' voting rights was motivated by racial bias or had a discriminatory effect.
The appeals court expressed no opinion on the merits of the inmates' claim, but said the lower court failed to consider evidence of bias in the state's criminal justice system.
The appeals court noted, for example, that blacks make up about 3 percent of the state population but account for 37 percent of the 'persistent offender' sentences handed down.
Even said the state is not discriminating based on race, and added that critics are trying to bring down the whole practice of taking away felons' voting rights, not just as it applies to minorities.
Even said the practice dates to territorial days and is required by the state constitution. Voting rights are restored once inmates are released and fulfill requirements such as drug treatment or restitution.
Washington is one of eight states that deny ex-felons the right to vote unless they take steps to have their civil rights restored.
On Thursday, Florida settled a lawsuit by agreeing to help restore voting rights to nearly 125,000 convicted felons who didn't get enough advice on how to regain their rights when they walked free.

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