Limits on felons' voting eased

OLYMPIA — A King County Superior Court judge Monday ruled that thousands of Washington felons should be able to vote even though they have yet to pay off court-ordered fines.

"It is well recognized that there is simply no rational relationship between the ability to pay and the exercise of constitutional rights," Judge Michael Spearman wrote in a ruling backing the challenge of three indigent felons.

Spearman said the state law requiring payment of all court-ordered fines and fees before a felon can vote again violates the equal-protection clause in the U.S. Constitution and the state constitution. He said "discrimination on the basis of wealth and property has long been disfavored."

Under state law, felons can petition the state to have their voting rights restored, but only after they have completed their sentences — including any probation or community service — and have paid all of their court-related costs.

State lawyers argued that the judge shouldn't make a distinction between court-ordered payments and other parts of a felon's sentence, such as jail time.

"It's rational for the Legislature to say we want you to complete everything, as opposed to start separating out sentence elements," said deputy solicitor general Jeff Even.

State officials said they hadn't yet decided whether to appeal.

"We're still weighing our options," said Trova Heffernan, spokeswoman for Secretary of State Sam Reed.

It also was unclear how many people the ruling will affect. But, based on past estimates, it could add tens of thousands of convicted felons to the voter rolls.

In Monday's ruling, Spearman said the state could not show a "rational relationship" between a felon's ability to pay the fines and his willingness to abide by the law.

In fact, he wrote, "the better example of respect for our justice system may very well be the indigent who manages for years to make monthly payments toward the obligations."

The lawsuit was filed in late 2004 by the American Civil Liberties Union (ACLU) on behalf of three felons who cannot afford to pay their court-ordered fines: Dan Madison of King County, Beverly DuBois of Spokane County and Dannielle Garner of Snohomish County.

DuBois, 49, a former state park ranger from Spokane County, has been trying in vain to pay off her court debt.

She spent nine months in jail for growing and selling marijuana, and she faced $1,610 in court fees and fines. Disabled after a car accident, DuBois was making $10 payments each month. But, with interest accruing at 12 percent, she was falling behind. She said Monday her debt is now about $2,000.

"I get disability every month, and I can barely afford to pay the $10," Dubois said.

She said she plans to try to register to vote today. "It will make me feel great to be able to feel like a citizen again," DuBois said. "Right now, I don't feel like I'm a part of society. I feel like an outcast."

Under Spearman's ruling, a felon who completes a prison sentence and community supervision would be able to vote while still making court-ordered payments.

"It really strikes to the heart of our democracy in terms of the judge recognized that people shouldn't be prevented [from voting] just because of their financial means," said ACLU spokesman Doug Honig.

In a written statement, Gov. Christine Gregoire said that convicted felons still have a responsibility to their debt, but that "once they have served their time, withholding certain rights due to fines becomes a virtual debtors' prison."

Katie Blinn, Reed's assistant director of elections, said the state does not know how many felons are barred from voting simply because they have not paid off their court-related debts. But in 2002, the state Department of Corrections put that figure at 46,500 felons, according to the ACLU lawsuit.

The state Republican Party made a big issue of felon voters last year during its unsuccessful effort to overturn Gregoire's 2004 election victory.

The Legislature last year passed a law requiring the state to screen its voter-registration database each quarter to make sure there are no deceased people, duplicate voters or ineligible felons on the rolls.

The state was nearing completion of its first screening for ineligible felons but put everything on hold Monday.

In light of Spearman's ruling, Blinn said, her office would have to work with the State Patrol and prison officials to figure out which felons have paid off their fines and court fees.

The Associated Press contributed to this report.

David Postman: 360-236-8267 or dpostman@seattletimes.com

Ralph Thomas: 360-943-9882 or rthomas@seattletimes.com