The Real Cost of Prisons Weblog

The Superior Court ruling stemmed from a case filed in 2004 by inmate William Stevens, who was civilly committed to the Massachusetts Treatment Center in Bridgewater because he was considered sexually dangerous. Stevens argued that Bridgewater Town Clerk Ronald Adams acted improperly in denying him the right to vote in the town because of his status as a prisoner.

Adams had also argued Stevens could not claim Bridgewater as the place where he lived simply because he was being held by the Department of Corrections in a Bridgewater facility. "He doesn't own a home here or rent here, pay taxes here, or have a car," Adams said. "All the things that usually define 'domicile.' "

Under state law, felons cannot participate in elections while in prison. But Superior Court Justice Richard Connon argued that the ban does not apply to civilly committed inmates, who have officially completed their criminal sentences but remain incarcerated because they have been deemed dangerous either to themselves or society.

In an August ruling, Connon said Stevens should not only be allowed to vote, but could also register as a Bridgewater resident because he didn't appear to have a strong tie to any other place.

Adams did not take any immediate action when the court decision arrived, but instead waited to see whether Stevens would follow through. Stevens did, and was followed by more than 70 inmates, who in the last two weeks have forwarded their voter registration cards to Adams, listing Administration Road in Bridgewater as their place of residence - the address of the prison facilities.

Adams has sent all of their names to the Department of Correction's central records office in Concord to determine whether each is still a prisoner or civilly committed. "Some of them, but not all, will qualify to vote," Adams said yesterday. "If they're not felons, the records division will tell us they're free and clear."

Corrections spokeswoman Diane Wiffin confirmed yesterday that Concord officials are working on Adams's list.

"All the Department of Correction will do is verify the status of the inmates," Wiffin said. "Then it will be up to the town clerk to decide who votes," based on whether they are eligible to claim residency in Bridgewater.

Assistant Town Clerk Jolie Martin said her office has never faced this problem.

"Before, I guess they just sent requests to their hometowns for absentee ballots," Martin said.

Selectmen Chairman Herbert Lemon said his board was asked by Adams to discuss the issue during last night's meeting. But he and Adams decided legal clarifications should be obtained prior to any public discussion.

"I wasn't even aware this was going on," Lemon said yesterday. "We have to find out how many this applies to, where they are going to vote, and what it's going to cost the town."

Asked his opinion on the developing situation, Lemon said: "It doesn't matter what I think about it, if that's what the court ruled."

"The time and effort involved in this, with the staff I have, is unbelievable," Adams complained, adding that prisoners number in the thousands. "But I will abide by what the court ruled."

Christine Legere can be reached at christinelegere@yahoo.com
http://www.boston.com/news/local/articles/2008/10/01/town_scrambles_as_70_inmates_register_to_vote/