Arbitrary Rights Restoration
Kentucky Felon Voting Rights Restoration (ongoing)
Fair Elections Center and the Kentucky Equal Justice Center have joined a lawsuit challenging Kentucky’s arbitrary process for voting rights restoration for felons. The lawsuit was filed on behalf of eight former felons.
Kentucky is one of three states that deny the right to vote to all former felons until they petition for rights restoration. In 2019, Florida dropped off that list when its voting rights restoration system became non-arbitrary by virtue of a recently passed state constitutional amendment.
According to the Sentencing Project, as of 2016, Kentucky had an estimated 242,987 felons who were still disenfranchised after completing their full sentences including parole and probation, or 7% of the state’s voting-age population.
Kentucky's voting rights restoration process requires felons who have completed their full sentences to submit an application for restoration to the Department of Corrections' Division of Probation and Parole. The Division screens the applications and forwards them to the governor’s office where the governor has unconstrained power to grant or deny applications with no rules, laws, or criteria governing these restoration determinations.
Without any rules, applicants seeking restoration are subjected to arbitrary decision-making and the risk of biased treatment, violating the 1st Amendment to the U.S. Constitution, according to the lawsuit.
The process also lacks any time limits for when the Department of Corrections or the governor must take action. This delay has created a backlog of applications in Kentucky. As of March 2018, there was a backlog of 1,459 restoration of civil rights applications.
Wall Street Journal "Push to give felons the vote shifts to Iowa and Kentucky"