Beshear’s executive order on voting rights was more sizzle than steak

By DAVID FLOYD
50th State Representative

REP. DAVID FLOYD

Monday, Jan. 11, 2015, 2:01 p.m. —  Kentucky newspapers, radio, and television reported on November 24, 2015 that Governor Steve Beshear signed an executive order that “will automatically restore the right to vote to certain felons who have served out their sentences.” The governor said he was acting out of frustration with the General Assembly, which had failed to pass HB 70, a bill calling for a constitutional amendment that would establish the same automatic restoration of voting rights. Governor Beshear had three weeks left in office. The story was picked up by the national media as well.

While nearly everyone praised Governor Beshear’s move, none of the reporters thought too long about exactly how it would work in practice. Some even confused the issue with felony expungement. For example, one report quoted a felon saying that he could finally get the job he wanted, since his felony was to be expunged; he’d been misled by reporters who probably didn’t know any better, but instead were too busy gushing over the emperor’s new clothes to ask a few questions. If they had, they’d have noticed the governor was practically naked.

Prior to Beshear’s executive order, felons could request restoration of voting rights by filling out an application. After the executive order, felons could request restoration of voting rights – by filling out an application. For the vast majority of the 180,000 felons in Kentucky, nothing had changed. In the same press conference announcing the executive order, Beshear boasted that he had granted over 8400 such applications during his eight years as governor prior to issuing this executive order for his last three weeks. If he’d never issued the order, he could have kept on approving applications and never hosted a press conference to do it. (Beshear’s record at granting felon voting restoration requests is excellent compared to his predecessors.)

I have voted for HB 70 every year of my service. It places automatic restoration of felon voting rights before the people to approve as a constitutional amendment. It would fix it properly, and permanently.

HB 70 passed last session in the House with 84 votes in favor, hugely bipartisan. The state senate has also passed the bill, also hugely bipartisan – 34 out of 38 votes. However, they amended it with a 5-year waiting period that HB 70 sponsor Rep Crenshaw would not accept; he wouldn’t even sit down at a table to negotiate, which was surprising to me. And so HB 70 never made it to the governor’s desk.

Beshear’s executive order made the old process easier for only a very small number of people, those who are leaving prison. During out-processing, those who qualified would be given some sort of certificate to present to their county clerk back home so that they could register to vote. But “easier” doesn’t mean it’s a done deal, and it’s not automatic for anyone. They still have to actually take that certificate and go register. It would be more meaningful if the legwork had already been done for them. In other words, if on their way out of prison they are handed a card from their county clerk telling them what precinct they could vote in the next election, then that would be true “automatic restoration.”

It would be instructive to learn, of the total eligible felon population, what percent will have that easier path. The reason that percentage would be so low is that those being released from prison must: first, be a first-time offender; second, have committed a “low-level” offense; and third, their sentence would have to be totally complete on the day they walk out – no remaining probation, for example. How many persons would fit in there? Maybe 500 per year? That’s about half the rate of Beshear’s restoration record during his time in office.

I’ve been stopped on the street, called on the phone, and emailed by people who were confused by media reports about what Governor Beshear’s executive order meant. For some, I could hear their disappointment after I told them that no, he did not expunge any felonies. (Expungement is a separate issue, and I am optimistic will finally pass it this year, and Governor Bevin will enthusiastically sign it.) For the rest, I had to tell them they still had to fill out and send in an application to request that their voting rights be restored.

At the November 24 press conference, Beshear also urged the 2016 General Assembly to pass HB 70, the constitutional amendment to automatically restore voting rights. He was never asked by any reporter “If you believe a constitutional amendment is needed, how can you bypass the constitution and do it by executive action?”

Governor Matt Bevin rescinded Beshear’s executive order. He wants your General Assembly to pass HB 70 and have the people of Kentucky vote on it. Like Gov Bevin, I’m fairly certain that the people would accept the change. I will continue to support HB 70.

“Coffee with Dave” is this Saturday at Tom Pig’s out on Bloomfield Road. Senator Higdon will be there, we start at 9:00, and I buy your coffee. We hope to see you there!

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