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NCJ Number: 64713 Add to Shopping cart Find in a Library
Title: EX-OFFENDERS VOTING RIGHTS - HEARINGS BEFORE THE HOUSE SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE, 93RD CONGRESS, 2ND SESSION, ON H R 9020, JANUARY 30, 1974
Author(s): ANON
Corporate Author: US Congress
House Cmtte on the Judiciary
United States of America
Date Published: 1974
Page Count: 125
Sponsoring Agency: US Congress
Washington, DC 20515
Publication Number: SERIAL NO 29
Type: Legislative/Regulatory Material
Format: Document
Language: English
Country: United States of America
Annotation: REPRESENTATIVES FROM THE U.S. COMMISSION ON CIVIL RIGHTS AND THE AMERICAN BAR ASSOCIATION (ABA) TESTIFIED ON LEGISLATION PROHIBITING STATES FROM DENYING VOTING RIGHTS IN FEDERAL ELECTIONS TO EX-OFFENDERS.
Abstract: THE TEXT OF THE PROPOSED HOUSE OF REPRESENTATIVES BILL STATES THAT DENIAL OF VOTING RIGHTS IS UNCONSTITUTIONAL, PERMITS THE ATTORNEY GENERAL TO PROSECUTE GOVERNING ENTITIES THAT DENY SUCH RIGHTS, AND IMPOSES CRIMINAL PENALTIES OF FINES OR IMPRISONMENT NOT TO EXCEED $5,000 OR 5 YEARS. AT THE TIME OF THE HEARINGS, CASES WERE PENDING BEFORE THE SUPREME COURT THAT COULD RESOLVE WHETHER OR NOT DENIAL OF VOTING RIGHTS TO FORMER OFFENDERS VIOLATES THE 14TH AMENDMENT. A COMMITTEE MEMBER COMMENTED THAT THE HEARINGS MUST ALSO ADDRESS THE ISSUE OF THE AUTHORITY OF CONGRESS TO ESTABLISH QUALIFICATIONS FOR VOTERS IN FEDERAL ELECTIONS, A PRIVILEGE THAT TRADITIONALLY HAS BELONGED TO STATES. THE DIRECTOR OF THE U.S. CIVIL SERVICE COMMISSION ON CIVIL RIGHTS TESTIFIED IN FAVOR OF THE BILL, EMPHASIZING THE DISCRIMINATORY EFFECTS OF VARYING STATE STANDARDS UPON MINORITIES. HE ALSO RECOMMENDED THAT CONGRESS EXTEND ITS AUTHORITY TO STATE ELECTIONS AND DISCUSSED PERMITTING INMATES OF CORRECTIONAL INSTITUTIONS TO VOTE. THE DEPARTMENT OF JUSTICE RECOMMENDED THAT CONGRESSIONAL ACTION BE DELAYED UNTIL A RELEVANT CASE BEFORE THE SUPREME COURT WAS DECIDED. A REPRESENTATIVE FROM THE ABA PRESENTED THE ABA'S REASONS FOR SUPPORTING THE BILL AND STATED THAT ALLOWING PERSONS TO VOTE WHO HAD BEEN CONVICTED OF OFFENSES RELATING TO ELECTIONS WOULD NOT HARM THE BALLOTING PROCESS, ALTHOUGH THESE INDIVIDUALS ARE EXCLUDED FROM THE LEGISLATION UNDER CONSIDERATION. APPENDIXES CONTAIN MATERIALS SUBMITTED BY THE ABA INCLUDING A PAMPHLET ON THE NATIONAL CLEARINGHOUSE ON OFFENDER EMPLOYMENT RESTRICTIONS, A BRIEF ON THE RAMIREZ CASE BEFORE THE SUPREME COURT, AND A COMPENDIUM OF MODEL CORRECTIONAL LEGISLATION AND STANDARDS, AND PREPARED STATEMENTS. (MJM)
Index Term(s): American Bar Association (ABA); Constitutional Rights/Civil Liberties; Ex-offenders rights; Prisoner's rights; US Commission on Civil Rights
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64713

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