Kentucky Gov. Steve Beshear has taken a positive step on a matter related to restorative justice by making it easier for felony offenders who have completed their sentences to have their voting rights restored.

Beshear announced at a news conference at the state Capitol in Frankfort last week that he would remove some of the hurdles that former Gov. Ernie Fletcher set up for felony offenders to apply to get back their voting rights. Beshear said those who have completed their sentences will no longer have to pay a fee, write an essay or get three recommendations. Each felony offender wishing to have voting rights restored must petition the governor.

Fletcher’s policy resulted in fewer applications filed and fewer requests approved for restoring voting rights. Beshear said he would restore the policy used by previous governors.

“I believe in a second chance,” Beshear said. “I believe in rehabilitation. I believe in ... full participation in democracy.”

The new policy “is not about being tough on crime,” said Beshear. “This is about treating people fairly and about welcoming back people trying to put their lives together again and become good citizens.”

A 2006 report by the League of Women Voters of Kentucky detailed the change in both applications and approval of voting rights restoration. In fiscal year 2002-03 there were 1,266 applications, and 1,231 were approved. By 2004-05, the applications dropped to 941, the cases approved to 464. And from July 2005 to March 2006, there were only 583 applications made and 164 approved, according to the report.

While Beshear’s new policy is a welcomed move in restorative justice, it is not the final solution to the problem in Kentucky. Kentucky and Virginia are the only states that permanently deny the right to vote for felony offenders who have completed their sentence unless rights are restored by executive pardon. The solution to the problem is passage of a constitutional amendment that would automatically restore these civil right to felony offenders.

The Catholic Conference of Kentucky, public policy arm of the state’s bishops, is part of a coalition that supports a constitutional amendment. And a bill in the General Assembly, House Bill 70, would address the problem for many of the more than 128,000 adults who have served their sentences.

This bill would automatically restore voting rights to felons who have completed their sentences and parole except for those convicted of intentional killing or sex offenses.
Individuals convicted of these offenses would have their voting rights restored by executive pardon.

HB 70 was approved by the House Elections, Constitutional Amendments and Intergovernmental Affairs Committee two months ago, but it has not been acted on by the full House. Perhaps one obstacle is that several amendments have been filed to add various other felony offenses to those who would have their voting rights restored only by executive pardon. The bill needs 60 votes to pass in the House.

A constitutional amendment is needed because Section 145 of the Kentucky Constitution prohibits felony offenders from voting even after completing their sentences and parole.
Their voting rights can be restored only by a pardon by the governor.

The Catholic bishops of Kentucky have been on record for several years calling for the automatic restoration of voting rights for those who have completed their sentences.
“Ex-offenders should be welcomed back into society as full participating members, to the extent feasible,” the bishops said in a 2005 statement on criminal justice. “It is in accord with our faith’s desire that persons who have completed their sentences should become ‘full participating members’ of society, which includes the right to vote.”

The Catholic conference has added: “The restoration of voting rights promotes rehabilitation and reintegration into the community. ... The greater degree to which ex-felons have positive connections with the community, the more likely it is they will engage in positive social activity. People who vote become more a part of the community and have a greater stake in their society.”

The League of Women Voters of Kentucky report summarizes it best: “Voting is the most fundamental expression of citizenship.” This is the underlying reason why the General Assembly should pass HB 70 to give automatic restoration of voting rights to felony offenders who have served their time.