Maryland Senate Restores the Vote to Convicted Felons upon Release from Prison

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Chamber of the Maryland House of Delegates.
Source: Irteagle102704, “Chamber of House of Delegates, Maryland State Legislature,” commons.wikimedia.org, Nov. 15, 2009

On Tuesday Feb. 9, the Maryland Senate voted 29-18 to restore the vote to all convicted felons immediately upon their release from prison, overriding a veto of Senate Bill 340 by Maryland Governor Larry Hogan, and concurring with the Maryland House of Delegates which had voted to override the Governor’s veto earlier in the month. Prior to the passage of Maryland Senate Bill 340, convicted felons in the state had to complete all parole and probation before they were able to vote.

Approximately 40,000 convicted felons in the state of Maryland, who are currently serving a term of parole or probation, will now be able to vote in the upcoming presidential primary provided they register to vote before Apr. 5.

Gerald Stansbury, President of the Maryland State Conference of the NAACP, called the Senate vote “a victory for civil rights that comes at a critical moment for our state and our nation.” He went on to say that “the majority of citizens regaining their voting rights are African American and it has never been more important that their voices are heard in local government, the halls of the State House, and by our federal representatives.”

According to Maryland Governor Larry Hogan, the felon voting action taken by the Senate was a “partisan” political move by a “tiny, radical minority.” In a Feb. 11th editorial, the Frederick News-Post argued that the Maryland Senate’s override of the Governor’s veto “undercuts one of the foundations of our civilized society, a criminal justice system that delivers crime, punishment and restitution through the removal and then reinstatement of some of our fundamental rights.”

Maryland Senate President Thomas V. Miller argued that restoring the vote was the right thing to do, stating that “people who have returned to society, repaid their debt to society, they’re back in society, we want to reincorporate them into society… We want them to be able to hold their head high, and that’s what this is all about.” Michael Hough, a Maryland Senator who voted against restoring the vote to felons, argued that it “doesn’t make any sense–basically saying you can walk right out of jail, you can walk right out of a court room and start voting. You have not repaid your debt to society.”

Across the country state felon voting laws vary. Maryland is now one of 14 states and DC that allow convicted felons to vote immediately upon release from prison.

Four states restore the vote to convicted felons once they have completed their term of incarceration and parole, and 19 states restore the vote to felons once they have completed their term of incarceration, parole and probation. Two states, Maine and Vermont, allow convicted felons to vote from inside prison by absentee ballot. In the remaining 11 states, some felons can permanently loose their ability to vote.

An estimated 5.85 million people in the United States cannot vote due to a felony conviction (2.5% of the nation’s voting age population, excluding DC) according to a 2012 report by the Sentencing Project.

Sources:

Brennan Center for Justice at New York University School of Law, “Voting Rights Restored to 40,000 Marylanders,” brennancenter.org, Feb. 9, 2016

Erin Cox, “Released Felons Gain Right to Vote in Maryland,” baltimoresun.com, Feb. 11, 2016

Frederick News-Post Editorial Board, “Allowing Felons the Vote Was Just More Politics,” fredericknewspost.com, Feb. 11, 2016

Robert Lang, “Senate Votes to Override Hogan Veto On Felon Voting Rights; Hogan Says “Radical Minority” Led To Override,” wbal.com, Feb. 9, 2016

Amy Yensi, “Felons Gain Right to Vote in Md. After Veto Override,” blatimore.cbslocal.com, Feb. 9, 2016