State to appeal felon-voting ruling

OLYMPIA — The state will appeal a King County Superior Court judge's ruling that could add thousands of felons to the state's voter rolls.

Judge Michael Spearman on Monday struck down a state law that bars felons from voting until they have paid all their court-ordered fines and fees. Spearman said the law violates the equal-protection clause in the U.S. Constitution because it discriminates on the basis of wealth.

Attorney General Rob McKenna and Secretary of State Sam Reed, both Republicans, said Wednesday they will appeal Spearman's ruling. They argue that the state's rules regarding felon voting are reasonable.

Like many states, Washington bars felons from voting until they have completed their sentences, including probation and community service, and petitioned to have their rights restored. But Washington goes further than some states by also requiring felons to pay off their court debts before they are again eligible to vote.

In 2004, the American Civil Liberties Union (ACLU) sued the state on behalf of three indigent felons who cannot afford to pay their court-ordered fines. Ruling in the ACLU's favor, Spearman wrote, "It is well recognized that there is simply no rational relationship between the ability to pay and the exercise of constitutional rights."

McKenna and Reed said in a joint statement Monday that each state has the right to set its rules for restoring voting rights to felons.

"We believe a rational basis does exist for the Legislature to deny felons the right to vote until they have completed their entire court-ordered sentences, including payments of criminal penalties, victim's restitution and legal fees," they said.

McKenna said in an interview that Spearman's ruling has such a broad potential impact, it should be decided by an appellate court. "You would not want to leave a decision of this magnitude at the Superior Court level," McKenna said.

It's unclear, however, how many people would be affected by Spearman's ruling.

A 2002 tally by the Department of Corrections found nearly 50,000 felons who couldn't vote simply because they hadn't paid off their court debts. Katie Blinn, Reed's assistant director of elections, said the department no longer gathers that data.

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