Beshear restores voting rights to some felons

FRANKFORT, Ky. — In one of his final acts as Kentucky's governor, Steve Beshear signed an executive order Tuesday that will automatically restore the right to vote to certain felons who have served out their sentences, a move hailed by some as a boost to democracy while at least one critic questioned its legality.

The order achieves much of what House Democrats have sought through legislation for years, offering many felons an almost immediate opportunity to regain their rights after release. Those who have already moved out of the justice system will still be required to submit a form, though Beshear's order streamlines the process.

"To be able to have that power — to be able to vote — it's tremendous," said Mantell Stevens, a delivery driver in Lexington who was convicted of drug possession 15 years ago. "We did the easy part. Now the hard part is actually getting people to the polls."

Stevens, who served 30 days in jail and three years on probation in his early 20s, said the announcement marked a clear change from the old process, which he described as too tough to navigate.

"It's frustrating, and along with the other things in life, you just don't have the time to invest in the application process," he said.

Now, Stevens plans to reapply as soon as possible, and at 36, he said he looks forward to leading by example. "There are so many issues in my community that so many people are affected by. But people don't get out and speak up on it."

Beshear's order requires felons to meet three criteria: Ex-offenders must complete all the terms of their sentences, including probation and restitution. They must not be subject to any pending criminal charges or arrests. Lastly, they cannot obtain restoration if convicted of violent crimes, sex crimes, bribery or treason.

If felons meet all the requirements, the Department of Corrections will issue them a certificate of restoration of civil rights upon release from custody. Those who have already left the system must file a form that is available online or at parole and probation offices.

The restoration also will reinstate an ex-felon's right to hold public office but will not return the right to possess firearms or pardon any crimes.

Beshear, at a press conference Tuesday, argued that the old system was unfair and counterproductive, prolonging the punishment of felons long after they have paid for their mistakes.

"This disenfranchisement makes no sense," he said. "It makes no sense because it dilutes the energy of democracy, which functions only if all classes and categories of people have a voice, not just a privileged, powerful few. It makes no sense because it defeats a primary goal of our corrections system, which is to rehabilitate those who have committed crimes."

But Beshear, who leaves office next month, also acknowledged that future governors could roll back the order, and he urged lawmakers to enact legislation next year, making changes more permanent through a constitutional amendment.

Republican Gov.-elect Matt Bevin has expressed support in the past for restoring voting rights to certain offenders.

Officials working on his transition issued a statement Tuesday saying that they were notified of the order only a few minutes before the announcement and were not provided a copy until after Beshear's press conference. "The executive order will be evaluated during the transition period," the statement read.

Meanwhile, House Republican Leader Jeff Hoover said Tuesday that while he supports restoration for certain felons, he also questions whether Beshear's action is legal. He argued that restoring rights can only be accomplished through constitutional amendments.

"My issue with today's action is not about the restoration of those rights, but the fact once again this governor has chosen to usurp the authority of the Kentucky General Assembly through executive order," Hoover said in a statement. "It should be the role of the legislature, not one person, which should address these issues through legislative debate."

However, when asked if he has legal powers to issue the order, Beshear was unequivocal, saying, "I have the authority right now to do it any way I want to, and only the governor has that authority."

Under the state constitution, a felony conviction results in the loss of voting rights and the right to hold public office. Kentucky is one of only four states where restoration of voting rights is not automatic. Felons also are prohibited from owning a firearm or serving on a jury.

According to the Brennan Center for Justice at the New York University School of Law, more than 243,000 Kentuckians are unable to cast a ballot due to a felony conviction — nearly 181,000 of which have already completed their sentences.

More than 22 percent of African-American voters are disenfranchised at the polls — one of the highest rates in the country and three times the national rate, said Sen. Gerald Neal, a Democrat from Louisville who has carried voting rights legislation in the Senate for years.

Beshear said at least 100,000 are expected to meet all three criteria for restoration. The justice system also releases between 431 and 888 people a month, though all of them might not qualify, he said.

The restoration process was last updated in 2008, eliminating some of the more stringent requirements that forced felons to pay a fee, submit an essay and provide three character references to prosecutors. Beshear has since restored rights to 8,400 people during his two terms in office, but felons still had to complete an individual application process.

Officials did not provide a cost estimate for the order Tuesday.

State Justice Secretary J. Michael Brown said the Department of Corrections has been preparing for months and already keeps the pertinent records on file. He predicted that restoration could take 45 to 60 days, particularly for people who have already been released. He also argued that the order could reduce costs if it helps dissuade people from more crime.

Advocates point to studies showing that ex-felons who vote are less likely to commit new crimes or return to prison. And many praised Beshear's decision, including the Louisville and Lexington Urban Leagues and the American Civil Liberties Union of Kentucky.

"If you ask individuals to work hard, pay taxes, be good citizens, it is only fair that they should be able to do what other citizens do," said former state Rep. Jesse Crenshaw, a Lexington Democrat who sponsored voting rights legislation for years. "It is part of democracy in the sense that each of us should take part in the governance of ourselves."

The Democratic House has repeatedly advanced measures on amending the constitution so that felons would receive automatic restoration of rights after their sentences are complete. But the proposal has faced opposition in the GOP Senate, where critics have pushed for a waiting period and want to reduce the types of felons who would be eligible.

Beshear said while he has supported legislation in the past to restore rights, he wanted to let the legislative process play out before he stepped in with an executive action.

Michael Hiser, a marriage and family therapist in Louisville who lost his voting rights during a 25-year battle with drugs and alcohol, called Beshear's decision life-changing. Hiser found sobriety in prison 12 years ago and now works in a program that helps young people with issues like drugs, housing and education.

Remaining barred from the polls "feels like being pushed out of your own community," he said. "No matter how hard you try to help, no matter how much you try to do, it's like being a child with a parent who never says you are good enough."

Hiser, 45, of Shepherdsville, said he has had interest in voting since he got out of prison and took a political science course but has refused to apply through the old process because he didn't view it as fair.

With Beshear's announcement, "I am now a citizen," he said. "Up until now, I haven't been a citizen. I've been a taxpayer who is only allowed to give money into the system but has no voice."

Reporter Mike Wynn can be reached at (502) 875-5136 or at mwynn@courier-journal.com.

How it works

Gov. Steve Beshear signed an executive order Tuesday that will automatically restore the right to vote and hold public office to certain felons who have served out their sentences. Here are some details on how the process works.

» To be eligible, felons must meet three criteria. First they must complete all the terms of their sentences, including probation and restitution. Second, they must not be subject to any pending criminal charges or arrests. Lastly, they cannot obtain restoration if convicted of violent crimes, sex crimes, bribery or treason.

» For those already in the system, the Kentucky Department of Corrections will automatically review the felon's eligibility and issue a certificate of restoration upon their release from custody if they qualify.

» Those who have already left the system must file a form that is available at corrections.ky.gov or at parole and probation offices. Individuals can also contact the corrections department at (502) 782-2248. Corrections officials will review the form and issue a certificate if the felon qualifies.

» Under the state constitution, felons lose their right to vote upon conviction. They also lose the right to hold public office, own a firearm or serve on a jury. Tuesday's order will reinstate an ex-felon's right to vote and hold public office, but it does not return gun rights or pardon any crimes. The order also does not allow ex-felons to serve on a jury.