RESTORING THE RIGHT TO VOTE

Felons are now allowed to vote as soon as soon as they are released from prison — even if they are still on probation

By Vivian LaMoore, Inaajimowin Editor

A recent change in Minnesota voting laws allows formerly incarcerated people to register to vote as soon as they're released. According to Minnesota Secretary of State Steve Simon, that right to vote is restored “the minute” the former felon steps out of the correction facility — even if the person remains on supervised probation.

The new law went into effect in June 2023. Minnesota Statutes 2022, section 201.014, is amended by adding a subdivision to read:

Subd. 2a. Felony conviction; restoration of civil right to vote. “An individual who is ineligible to vote because of a felony conviction has the civil right to vote restored during any period when the individual is not incarcerated for the offense. If the individual is later incarcerated for the offense, the individual's civil right to vote is lost only during that period of incarceration.”

During an interview with NPR, Minnesota Secretary of State Steve Simon told a group of inmates being released from a correctional facility, “Man, you got political power the minute you step out of here, and it's a gift. And use your power. Use your voice. That's my advice. I know you'll have a ton of other things to think about, but I just hope this is on the list.”

According to NPR, 1% of white people, 6% of Black people, and 9% of Native American people in Minnesota could not vote in 2018 because they had been convicted of a felony but had not completed their parole. If the right to vote was restored upon release from incarceration, it said, those percentages would drop to 0.1%, 1.5% and 2%, respectively.

Supporters of the new law have said it restores rights to people whom the courts have found safe to release. Opponents have said the new law is not tough enough on people who have committed crimes.

In October of this year, here in Mille Lacs County, District Court Judge Matthew Quinn declared the law unconstitutional in a pair of orders in which he sentenced two offenders to probation, but warned them they are not eligible to vote or register to vote — even though the law says they are. No one involved in the cases ever asked him to rule on the constitutionality of the law, and called the ruling unusual.

In his orders, Quinn concluded the Legislature’s passage of the law did not constitute the kind of “affirmative act” he said was needed to properly restore a felon’s civil rights. He said he felt he had a duty going forward to “independently evaluate the voting capacity” of felons when they complete probation.

However, Attorney General Keith Ellison and Secretary of State Steve Simon sent a clear message in a joint statement that Quinn’s orders “fly in the face of the Legislature’s passage of the Restore the Vote Act.”

The Minnesota Court of Appeals stepped in and found Quinn had no authority to find the new law unconstitutional. The law can only be changed by Legislature — not by a District Court Judge.

Attorney General Keith Ellison issued a statement in the wake of the ruling:

"As your Attorney General, it's my job to help Minnesotans live with dignity, safety, and respect, and voting is an exercise of dignity. I am pleased the Court of Appeals ruled against one judge's unjustified and unprompted attack on the right to vote and the dignity of Minnesotans. Today's decision is a victory for our democracy and our entire judicial system. This incident serves as a reminder that the right to vote is precious and often hard-won. I encourage all eligible Minnesotans, particularly those who were formerly incarcerated, to register to vote and vote in our upcoming elections."

Governor Walz said in his live statement:

"The idea of our formerly incarcerated neighbors coming back out, which 98% do, and reintegrate back in and contributing back to Minnesota and this country is a foundational principal of our justice system… The idea of not allowing those voices to have a say in the very governing of the community they live in is simply unacceptable. Taking away the right to vote from folks, recidivism rates. It does nothing to encourage reintegration and the leadership that we know happens so many times from the folks who bring their talents and true self back into our communities.”

The Governor said the restoration of voting rights to formerly convicted felons is a step to welcome the nearly 55,000 Minnesotans to participate in democracy and participate in their communities.

Voter turnout in this category of Minnesotans has generally been low and not many political campaigns on either side have targeted this category.

You can register online at: https://mnvotes.sos.mn.gov/VoterRegistration/index You can register on paper by following these guidelines: https://www.sos.state.mn.us/elections-voting/register-to-vote/register-on-paper/

Another new addendum to voter registration is the availability to register to vote has been extended to all 16- and 17-year-olds. Minnesotans who are either of these ages and are U.S. citizens can fill out an application that will automatically register them to vote on their 18th birthday.