2
“The right to vote freely for the candidate of one’s choice is the essence of a democratic society, and
any restriction on that right strikes at the heart of representative government.”
-- Reynolds v. Sims
i
“The Court today holds that a State may strip ex-felons who have fully paid their debt to society of their
fundamental right to vote without running afoul of the Fourteenth Amendment...this is based on an
unsound historical analysis which have already been rejected by this Court...”
-- Justice Thurgood Marshall
ii
“Criminal disenfranchisement...is the most subtle method of excluding blacks from the franchise.”
-- Andrew L. Shapiro
“Without a vote, a voice, I am a ghost inhabiting a citizen’s space...”
-- Joe Loya, disenfranchised ex-offender
iii
Introduction
The democratic nature of American government is exemplified, at least in part, by the
construct of “One Man, One Vote.” Surrounding nations paralyzed by oppressive, non-
democratic governments hold in high esteem the privilege of voting held by American citizens.
One need only remember the 1994 elections held in South Africa to find this statement
persuasive. During this historical election in April of 1994, black South Africans were allowed
to vote for the first time. They lined up by the thousands for miles, waiting for periods of time
ranging from two hours to twelve hours. The enfranchisement of black South Africans
symbolized the beginning of democracy and the end of segregation and apartheid within its
borders. In celebrating the South African elections, America celebrated the continuing
development and evolution of democracy within the world. What remains to be seen, however, is
whether America will ever truly be able to celebrate its own democracy or will such a celebration
continue to be hampered by our government’s encroachment upon one of the basic elements of
citizenship – the ability to vote.
Convention