Voting Rights Victory in WA
by TChris
Democracies depend upon citizens exercising their right to vote. Arbitrary deprivations of that right undermine democracy. Judge Michael Spearman in King County, Washington, stood up for democracy by declaring unconstitutional a state law that denied ex-offenders the right to vote if they failed to pay "any and all legal financial obligations" required by their sentences.
"There is simply no rational relationship between the ability to pay and the exercise of constitutional rights," the judge, Michael S. Spearman of King County Superior Court, wrote.
Denying the right to vote to people who simply can't afford to make prompt payment of (often burdensome) fines, court costs, and restitution payments violates their right to equal protection of the law. Judge Spearman noted that Washington was unable to explain why defendants with enough wealth to make immediate payment should have the right to vote, while poorer defendants who had to rely on payment plans should be deprived of that right.
The A.C.L.U. sued on behalf of three former prisoners who were paying off fees and fines, with court approval, at the rate of $10 or $20 a month. "It will likely take years before each plaintiff will be able to complete the payments," Judge Spearman determined.
Indeed, one plaintiff, Beverly Dubois, a 49-year-old former park ranger, found her debt growing over time. Ms. Dubois had spent nine months in jail for growing and selling marijuana. She still owes the state almost $1,900 for court costs, a county "drug enforcement fund" and a "victim assessment fee." Though Ms. Dubois pays the state $10 a month, her debt has increased over time because of the 12 percent interest she is charged.
Washington is apparently the only state that denied voting rights to ex-offenders soley because they owe debts arising out of their convictions. As TalkLeft asked here:
Washington denies the right to vote -- a right as precious as liberty -- to people who haven't paid their court debts. Why should the right to vote depend on afflluence?
Judge Spearman answered correctly: it shouldn't.
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