Felon Disenfranchisement

The history of disenfranchisement was laid out in a fascinating 2003 study by Angela Behrens, Christopher Uggen and Jeff Manza. They found that state felony bans exploded in number during the late 1860s and 1870s, particularly in the wake of the Fifteenth Amendment, which ostensibly guaranteed black Americans the right to vote.

They also found that the larger the state’s black population, the more likely the state was to pass the most stringent laws that permanently denied people convicted of crimes the right to vote.These bans were subsequently strengthened as the Jim Crow era began to take hold.

The white supremacists who championed such measures were very clear on their reasons. In 1894, a white South Carolina newspaper argued that voting laws needed to be amended, lest whites be swept away at the polls by the black vote. In 1901 Alabama amended its Constitution to expand disenfranchisement to all crimes involving “moral turpitude” — a vague term that was applied to misdemeanors and even acts not punishable by law. The president of the constitutional convention argued that manipulating the ballot to exclude blacks was warranted, because they were inferior to whites and because the state needed to avert the “menace of Negro domination.”

NYT