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1 Eliminating Barriers to Voter Registration for People with Felony Records 1 (2003)

handle is hein.brennan/elimbvotre0001 and id is 1 raw text is: 



B1RENNA N   (2ENTER- FOR1' JUSTICE



                      Eliminating   Barriers  to Voter Registration
                           for  People  with Felony   Records

New  York law automatically restores voting rights to people with felony records when they
complete parole or their maximum prison sentence. But local election boards throughout the
state erected barriers that made voter registration more difficult or impossible for these citizens.
The Brennan  Center for Justice at NYU School of Law, a member of the Right to Vote
Campaign,  together with Community Service Society of New York and Legal Action Center,
conducted a successful advocacy campaign to eliminate these obstacles to voter registration. As
a result of these efforts, the New York State Board of Elections issued a state-wide policy
directing local boards to stop their burdensome and discriminatory practices. Below is a
description of the strategies used to achieve this important policy change.

Document   the Problem
The Brennan  Center, with the help of student interns, conducted a telephone survey of New
York's 63 local election boards to determine each county's registration procedure for an eligible
voter with a felony record. More than half the counties refused to register individuals with past
felony convictions unless they provided various documents that were difficult or downright
impossible to obtain. Some even requested documents that don't exist or insisted that people
register in person. The methodology used for the survey will be described in detail in the
Brennan  Center's forthcoming resource guide on the study.

Partner with Other  Organizations
The Brennan  Center effectively partnered with two other legal advocacy organizations,
Community   Service Society (CSS) and Legal Action Center (LAC). In addition to legal
expertise and prior involvement in felony disfranchisement advocacy, each organization brought
special assets to the effort. The Brennan Center had a successful history of litigation against the
New  York State Board of Elections that made the Board more willing to negotiate. CSS has deep
experience with voting rights litigation and is one of the legal organizations serving as co-
counsel in Hayden v. Pataki, the New York case seeking to secure the vote for people in prison
and on parole. LAC  was able to capitalize on its relationships with criminal justice agencies
developed through policy and direct advocacy on behalf of people with criminal records. The
three organizations coordinated their efforts with New York's Unlock the Block voter registration
campaign  led by Jazz Hayden.

Research the Law  of Voter Registration
By researching New  York's voter registration laws, advocates gained an understanding of what
state law requires for voter registration generally, and whether the law permits local boards to
seek additional documents from people with felony records or other eligible voters. Advocates
also researched whether local practices violated the federal constitution or statutes. This
background  was critical in negotiations with the State Board, and in crafting a practical solution
that is consistent with state law.


                 161 AVENUE OF THE AMERICAS, 12TH  FLOOR * NEW YORK, NY 10013
             212  998  6730   * FAx  212  995 4550 . www.brennancenter.org

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