Five served prison terms, now want right to vote

Local lawyers and the American Civil Liberties Union in Washington state filed a lawsuit yesterday on behalf of convicted felons who have been denied the right to vote solely because they haven't paid their fines.

The lawsuit, filed in King County Superior Court, challenges the constitutionality of Washington's voting regulations, arguing the law discriminates on the basis of wealth. Calling it a "modern form of the poll tax," ACLU-WA Executive Director Kathleen Taylor said, "Our state puts up barriers to voting — barriers that are based strictly on economics. ... Citizens should never be stripped of their basic rights, and the right to vote is as fundamental a right as there is in a democracy."

The case was filed on behalf of five convicted felons who served their sentences, completed their community supervision and have begun paying off their fines and fees. In 2002, the Department of Correction estimated there were 46,500 Washingtonians who were prohibited from voting based solely on outstanding financial obligations, according to the lawsuit.

One of the plaintiffs, Daniel Madison of Seattle, was convicted in 1996 of third-degree assault. He was sentenced to probation and required to pay $583 in restitution and fees. He is disabled and indigent, and said he is on a payment plan of $15 a month. So far, he has paid $260, but, because the court has assessed interest, he doesn't foresee catching up.

"I got involved because I want to vote," he said. "Is this something people of this state should really worry about — us voting?"

Interest is assessed at 12 percent.

The U.S. Supreme Court has upheld laws denying felons the right to vote, and bans of various forms exist in 47 states.

A similar but broader lawsuit is also pending in Washington. In that case, the plaintiffs include felons who haven't completed their sentences. The argument is that because people serving time are disproportionately minorities, the ban on felon voting violates the Voting Rights Act. The U.S. Supreme Court will decide next month whether to hear that case.