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58 Ala. L. Rev. 615 (2006-2007)
Challenges to Felony Disenfranchisement Laws: Past, Present, and Future

handle is hein.journals/bamalr58 and id is 625 raw text is: CHALLENGES TO FELONY DISENFRANCHISEMENT LAWS: PAST, PRESENT, AND FUTURE* INTRODUCTION Though felony disenfranchisement has been present in this country since its inception, the outrage over this process has gained serious momen- tum in recent years. The reason for this new found interest in felony disen- franchisement laws can be traced to the 2000 presidential election.' This presidential election was the closest in the history of the United States2 and resulted in President George W. Bush winning the election while losing the popular vote.3 In fact, the election was so close that the result hinged on one state: Florida.a The Republican nominee, George W. Bush, won the state of Florida by accumulating fewer than 1,000 more votes than the Democratic nominee Al Gore.5 In such a closely contested election, some commentators believe that if felons were allowed to vote, Al Gore would have become the forty-third President of the United States.6 In 2000, over 4.5 million Ameri- cans, which is over two percent of the country's voting-age population, were prohibited from voting because of disenfranchisement laws.7 Further- more, in Florida alone, there were as many as 620,000 citizens prohibited from voting because of felony disenfranchisement laws.8 With less than 1,000 votes deciding who won Florida and the Presidency,9 it is easy to see why the debate over felony disenfranchisement has intensified in recent years. As the debate over felony disenfranchisement laws has increased, so has the scholarship surrounding this issue.'0 While many of these articles assert * The author would like to thank Professor Bryan Fair of The University of Alabama School of Law for his valuable insight and assistance in the preparation of this Comment. 1. See George Brooks, Felon Disenfranchisement: Law, History, Policy, and Politics, 32 FORDHAM URB. L.J. 851,851 (2005). 2. Michael W. Traugott, U.S. Election Procedures, in ELECTIONS 2004, at 12, 12 (George Clack ed., n.d.), available at http://usembassy.state.govlparis-arslwwwfel4e.pdf. 3. See CNN.com, Election 2000-Results, http://www.cnn.com/ELECTION/20O0/resultsl (last visited Feb. 6, 2007). 4. See id. 5. Id. 6. Brooks, supra note 1, at 851. 7. ELIZABErTi A. HULL, THE DISENFRANCHISEMENT OF Ex-FELONS 1 (2006). 8. Brennan Center for Justice, An Unhealthy Democracy, July 2, 2002, at 3-4, http://www. brennancenter.org/dynamic/subpages/download file_10042.pdf. 9. See CNN.com, supra note 3. 10. If one were to search for law review articles on felony disenfranchisement in 1999, the results would be shockingly low; a Westlaw search reveals thirteen articles prior to 2000 on felony disenfran-

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