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It was on the constitutional requirements associated with the state's decision to restore voting rights that they disagreed.

The American Civil Liberties Union of Washington sued the state on behalf of three people who can't vote because they have not -- and may never be able to -- pay fines and restitutions levied as part of their sentences.

In March, King County Superior Court Judge Michael Spearman struck down the state law that denies the vote to thousands of ex-felons solely because they owe court-imposed fines.

McKenna argued that state law requires felons to complete all the terms of their sentences, including fines and victims restitution, before their right to vote can be reinstated.

ACLU lawyer Peter Danelo argued that the right to vote can never be tied to the ability to pay, echoing what Spearman wrote in his decision.

"It is well recognized that there is simply no rational relationship between the ability to pay and the exercise of constitutional rights," Spearman wrote. "There is no logic in the assumption that a person in possession of sufficient resources to pay the (legal financial) obligation immediately is the more law-abiding citizen."

McKenna argued that there is a compelling state interest in requiring a felon to complete payments of fines and restitution before voting rights are restored. He said it provided an incentive for felons to repay some of the damages their illegal actions have caused.

And he said the U.S. Constitution allows states to disenfranchise felons and establish their own criteria for disenfranchisement and re-enfranchisement -- including requiring felons to complete the terms of their sentences.

The case was being closely watched by several national voting rights groups, who insist that tying fines to voting rights is akin to an illegal poll tax.

The Brennan Center for Justice at New York University Law School, filed an amicus brief with the court, on behalf of itself, several civil rights organizations and three Washington bar associations.

Washington's law excludes from the polls more than 167,000 people, 3.61 percent of the voting-age population, because of their criminal records, according to the Brennan Center.

It is unclear how many are barred solely because they haven't paid their fines; a state estimate four years ago calculated it to be more than 46,000.

The Associated Press contributed to this report. P-I reporter Chris McGann can be reached at 360-943-3990 or chrismcgann@seattlepi.com.

http://seattlepi.nwsource.com/local/275621_felons28.html