Vermont, Maine only states to let inmates vote

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By WILSON RING, Associated Press Writer Wilson Ring, Associated Press Writer –
Wed Oct 22, 3:10 am ET
Featured Topics:

   - John McCain <http://news.yahoo.com/topics/john-mccain>
   - Barack Obama <http://news.yahoo.com/topics/barack-obama>

  [image: Missy Shea of the Vermont Secretary of State's office, right,
helps inmates at]
<http://news.yahoo.com/nphotos/Maine-Rutland2C-Vt-Vermont-Secretary-of-State-office-Regional-Correctional-Facility/photo//081022/480/1c068a8a06564132863ed6b913a7ebd7//s:/ap/20081022/ap_on_el_ge/prison_voting>AP
– Missy
Shea of the Vermont Secretary of State's office, right, helps inmates at the
Marble Valley Regional …

RUTLAND, Vt. – The prison inmates had to think for a moment when Missy Shea
of the Vermont Secretary of State's office asked them to name the only crime
that would prevent an incarcerated person from voting in the state.

"Murder," answered one of the men gathered in the library of the Marble
Valley Regional Correctional Facility. Others guessed treason or domestic
assault.

"You're all going to have really good answers, but you're not going to get
it," Shea said during a voter registration session at the jail earlier this
month. "Election fraud."

No one in Vermont can remember the last time anyone was convicted of
election fraud, making it and Maine the only two states that allow all
inmates to vote. Officials in both states say interest in voting in
the presidential
election is up among prisoners as Democrat Barack Obama and Republican John
McCain campaign for the White House.

"We do have a fair number of prisoners who are doing it," said Jeffrey
Merrill, warden at the maximum-security Maine State Prison in Warren.

One of the Marble Valley inmates who registered to vote and requested
an absentee
ballot — inmates in Vermont and Maine are residents of the towns where they
resided at the time of their incarceration — was Elliot Russell, 31, of
Bennington, who is serving an eight-month sentence for aggravated assault.

"A lot of guys feel, being in jail, we get treated beneath other people when
in fact we can be treated as equals," Russell said. "I'm glad I get to vote
now. You couldn't do it in New York, but I'm going to do it out here."

In Vermont, the position on voting rights is enshrined in the state's 1793
Constitution: "Any elector who shall receive any gift or reward for the
elector's vote, in meat, drink, moneys or otherwise, shall forfeit the right
to elect."

"Vermont has taken the position the more we can get folks in prison involved
in the community in a responsible way, the better their chances of
reintroducing them to the civilian world in a responsible way," Secretary of
State Deb Markowitz said.

Nationally, states began restricting felons' rights to vote in the early
years of the 19th century, said Alexander Keyssar, a Harvard University
historian and author of "The Right to Vote: The Contested History of
Democracy in the United States."

In most states, people incarcerated on misdemeanor convictions can vote,
Keyssar said. In some other states, there are circumstances that allow some
felons to vote.

"The rationale for disfranchisement has never been particularly compelling
or clear," Keyssar said.

One reason for restricting the right to vote is retribution, to punish a
felon for violating the norms of society, while another is to protect the
purity of the ballot box, he said.

"There is zero evidence that somebody who robs a gas station is more likely
to violate the purity of the ballot box," he said. "The linkage between
crimes and election crimes just isn't there."

In the 1790s the Vermont Legislature tried to outlaw inmate voting, but it
was overruled in 1799 by the Council of Censors, a now-defunct fourth branch
of government that met every seven years to decide constitutional questions,
said Montpelier attorney Paul Gillies.

The most recent effort to outlaw prison voting in Vermont came in the early
1980s. The office of then-Secretary of State Jim Douglas — he is now
governor — trotted out the 1799 precedent and quashed the idea, said
Gillies, who served as Douglas' deputy secretary of state.

"It's really an abomination that felons are allowed to vote," said Rob
Roper, the chairman of the Vermont Republican Party. "Who are they going to
vote for? The people who are going to spend more money on prisons and who
are going to let them out early so they can commit more crimes?"

No one tracks how many Vermont inmates cast ballots. Groups have conducted
registration drives at some prisons.

Several years ago, the nonprofit group Vermont Protection and Advocacy
received a grant to help people with disabilities register to vote. The
group has worked with disabled inmates as well as those without
disabilities, said advocate Tina Wood.

This fall, Wood registered 73 inmates at the Northern State Correctional
Facility in Newport and has been working in other facilities, too.

"I've seen a huge increase in the number of inmates who wanted to vote over
two years ago or four years ago," Wood said.

Earlier this year in Maine, the NAACP conducted a voter registration
driveof inmates, which drew about 200 participants.

While Vermont inmates can vote, political activity inside prisons is
forbidden.

"It's our job to facilitate," said Carol Collea, an attorney for the Department
of Corrections, "but not to campaign."

-- 
"Usually when people are sad, they don't do anything. They just cry over
their condition. But when they get angry, they bring about a change."
- Malcolm X, Malcolm X Speaks, 1965

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