
East Palo Alto Today Page 10 September - October 2008 Voting rights continued from page 1 "Laws that directly affect and Alameda, stated that Shelley to clarify the voting ing a felony conviction cannot Ultimately, most jail inmates will be decided this inmates cannot vote under rights of those in jail and on vote, while those in jail for a inmates' rights do not hinge November, so please share any circumstances; four other probation, and learned that misdemeanor or awaiting trial on the outcome of that partic - this information and encour - counties, including Fresno both groups were eligible to can. Organizations like the ular disagreement. According age them to vote," Evans told and Sacramento, said vote. In November 2005, new ACLU, All of Us or None and to state data, more than two the women. inmates with felony convic - Attorney General Bill Lockyer Berkeley-based Voting Rights out of three California jail "Wait," one woman asked, tions were disenfranchised; officially denounced Shelley's for All, and even the county of inmates have not yet been slowing her pace. "You mean Orange County's Registrar's interpretation, and declared San Francisco, take a differ - convicted of any crime and they can vote while they're in office said that jail inmates that those on probation and in ent stance, arguing that the would qualify as potential vot - jail?" are eligible to vote as long as jail for a felony are legally dis - 2006 Court of Appeals Court ers even under the Secretary "Yes they can," said Evans. they are citizens; and in Los enfranchised. All of Us or decision enfranchises even of State's own reading of the "It's the law." Angeles County-- which holds None, the American Civil those jail inmates who have a law -- though four of the ten While there is a law that the nation's largest jail popu - Liberties Union (ACLU) and felony conviction. county registrars polled allows inmates to vote, it is a lation of 19,000-- a registrar several other organizations The confusion may ulti - believed all jail inmates were law that is hardly clear. After employee admitted to not took the debate to court. In mately boil down to the pre - ineligible to vote. "If most peo - years of disagreement and knowing what voting rights jail December 2006 the California cise meaning of "a felony sen - ple in jail haven't been con - legal wrangling, authorities at inmates held, and suggested Court of Appeals Court sided tence." According to Peter victed, the state already every level still disagree calling Secretary of State with the activists, ordering the Sheehan, an attorney with the agrees that most people in jail about the voting rights of Deborah Bowen. Secretary of State to inform Social Justice Law Project can vote," said Evans. "So California's more than 82,000 "The law is the same in all Election Officials that "the who served as co-counsel in why isn't there some kind of jail inmates - most of whom of California. Registrars are only persons disqualified from the 2006 appeals case, the institutionalized procedure to are Black or Latino, and have supposed to be the authority voting are those who have decision holds that someone make that easier and to make not been convicted of any and people are going to trust been imprisoned in state sentenced to jail for a felony is that known?" crime. Less than three what they tell them. Their prison, or who are on parole incarcerated as a condition of According to a legal repre - months before one of the answers shouldn't vary by as a result of the conviction of felony probation, and not sentative from the Secretary most historic elections in where they are, or who picks a felony." technically serving "a felony of State's office, the state is national history, California is up the phone," said Dorsey Following the 2006 deci - sentence." That makes the only required to inform coun - still without a clearly estab - Nunn, co-director of All of Us sion, the Secretary of State's actual number of disenfran - ties of the law, while each county registrar is responsible lished policy on jail inmate or None and its parent organ - office complied by informing chised jail inmates very small. for ensuring that employees voting - and, depending on ization, Legal Services for county registrars that only Or it would, if the average cit - correctly follow it. Sheehan whom you ask, the interpreta - Prisoners with Children. those "in prison or on parole izen-- or public official-- believes the state has a duty tion of "the law" varies. However, inspite of Nunn's for a felony" were ineligible to understood that distinction. "If to do more. "Let's say we Ten California counties hold definitive statement about the vote - but did not fully explain the Secretary of State is sim - were talking about women or about 70 percent of the state's voting rights of inmates, what that meant for those ply saying people in jail for a Catholics or Blacks, instead jail inmates. Calls to the regis - uncertainty has surrounded held in jail, creating a network felony cannot vote, that's a of people in jail," he said. "We trars of voters in each of these this issue for years. of state elections officials who misrepresentation unless they all know these groups can counties yielded a variety of In June 2004, San disagree amongst them - follow up with a detailed vote under the law. If some opinions on whether or not Francisco non-profit Legal selves. explanation of the distinction counties wouldn't let them, those inmates can vote. Services for Prisoners with According to the Secretary between felony probation and we'd expect the state to take action, whether it involved Representatives from four Children asked then- of State's lawyers, individuals a felony sentence," Sheehan making phone calls or holding counties, including San Diego Secretary of State Kevin serving a jail sentence follow - said. continued on page 11 Stealing a nation continued from page 11 voting machines that con - precisely this type of ions on TV but then sistently switched votes passivity that has formulate your own. for the same one candi - allowed corruption to Show up at the date to the other,system - slip by the wayside in polls and tell the atic ballot destruction, the past. world that you do in and investigative The reality of it is that fact care who will reporters sidelined when each and every one of become the next attempting to report on us gets to decide face of the American such irregularities. whether history is people. And be Is it possible, this film doomed to repeat itself. prepared to refuse a asks, that an election can By showing up at the spoon fed truth actually be stolen, not polls in higher numbers should it smell and with guns or tanks, but than ever before, we taste of foul vote by vote? If so, what demonstrate that we play. does this mean for our DO want to have a say For more informa - democracy, or lack there - in the way this country tion on "Stealing of? And most importantly, is run and in the direc - America: Vote by if we have in fact been tion o f its future. Vote", visit misled in the past, is By facing the ugly www.stealingameri - there any good reason truth of fraud and mis - cathemovie.org or that it wouldn't happen conduct in elections, call 650-568-4340. again this coming we'll know how to rec - November? ognize it if it happens Jessica Weiss is a Initial reactions to this again. Empowering our - writer, teacher, and film can easily take the selves with awareness outreach correspon - form of despondency and of the shadowy side dent for progressive even resentment. With behind the bright and organizations and only a month left until the shiny smiles of politics, movements in the election, how could we the media, and our sta - Bay Area including possibly begin to address tus as the most power - Concentric Media. the enormity of electoral ful nation in the world is For questions insecurity? Why even the surest route to about the film and bother to make that trek action when the stories other related issues, to the polls if, in fact, the don't match up, when please contact her stickers we wear to our intuition tells us at proudly announce that something has gone ter - jess.concentric@gm we voted on November ribly wrong. ail.com. 4th really deserve a So go and read the question mark on the newspapers, but read end? Yet it is many. Watch the opin - East Palo Alto Today Page 11 September - October 2008 Stealing a nation vote by vote By Jessica Weiss stand behind issues most was almost (and still is, in stories and a bad feeling in EPA Today Contributor important to us? many minds) too close to their gut. Fears of central command call. Many eyebrows were That's all changed now As one of history's most falling into the hands of raised at hazy messages with the release of a new paramount presidential elec - another botched and coming from the media about documentary film, "Stealing tions draws near, questions corrupt regime mean that all ballot miscounts, voters America: Vote by Vote." weigh heavy on voters' eyes are on the debates, the standing in line for hours Released on DVD and in minds. Which candidate pos - polls, and the campaign upon hours to cast their bal - screenings across the coun - sesses the right combination mudslinging, breath abated, Jessica Weiss lots, and odd stories from try this summer, this film of experience, intellectual waiting perhaps for a golden pollworkers who noticed shows behind the scenes competency, nonpartisan moment of breakthrough glitches and technical break - perspectives on election give a hoot about who will integrity, and trustworthiness when one candidate will rise downs in electronic voting results since 1996 and sheds to lead this country out of an up and prove himself to be swing at the last minute.
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