The Real Cost of Prisons Weblog

Vance said his order is on hold, however, until the state submits the voting change to mandatory review by the Justice Department under the federal Voting Rights Act.

Vance's decision sets the stage for people convicted of felonies such as driving under the influence and drug possession to register immediately. Prior legal precedents such as attorney general opinions have determined that moral turpitude doesn't apply to those crimes and a handful of others.

Responding to Vance's 50-page decision, Worley said having voting stations in prisons "would be a serious problem to handle."

Vance's decision stems from a 2005 lawsuit that contended Worley violates Alabama's constitution by giving voter registrars instructions to require all felons to apply to the Board of Pardons and Paroles to have their voting rights restored.

The suit argued the state constitution is clear that people convicted of certain felonies including DUI and drug possession - unlike murder, rape or robbery - do not lose their voting rights and do not need to apply for an eligibility certificate from the board.

The NAACP Legal Defense and Educational Fund filed suit after the Jefferson County's registrar refused in late September 2005 to register Richard Gooden because in 2002 he was convicted of DUI for a third time, raising the crime to a felony.

The state has a long practice of removing from voting rolls anyone convicted of a felony, whether drug possession or murder. The suit revived the issue of what felonies involving moral turpitude would bar convicts from voting, prompting Attorney General Troy King to weigh in and provide some examples, but not an exhaustive list.

Vance's ruling Wednesday said the power to designate crimes as acts of moral turpitude rests with Legislature.

"Only the Legislature has the constitutional power to decide which crimes involve moral turpitude so as to justify the removal of a fundamental civil right for which so many have fought and died," Vance's ruling said.

Vance said he realizes his order changes a practice that dates back many years, but given the fundamental issue of the right to vote, he wrote, he must conclude that every citizen otherwise eligible to register in the state may not be denied that right solely because of a prior felony conviction.

Sees positive side:

Edward Still, a Birmingham lawyer handling the suit, said Vance's decision is good news for hundreds, possibly thousands, of people who do not have the more serious felony convictions and who have been denied the right to vote.

"They should register to vote immediately," Still said.

Still said the requirement allowing all felons to vote is good for society because it helps reintegrate ex-convicts into the community.

Meanwhile, Worley said Wednesday's decision also clouds the issue of what wording should appear on voter registration forms that refer to a prior criminal conviction as basis of disqualification. She said her office would send a letter to the attorney general's office Wednesday night seeking direction.

"Obviously, there is the potential for appeal," Worley said. "In the meantime, we need some clear guidance."

Suzanne Webb, a spokeswoman for the attorney general, said the office was reviewing Vance's decision.

© 2006 The Birmingham News
http://www.al.com/news/birminghamnews/index.ssf?/base/news/115641128138740.xml&coll=2