Minnesota Supreme Court upholds right to vote for formerly incarcerated people with felony convictions
The Minnesota Supreme Court, in an opinion released on Wednesday morning, upheld a newer state law that gave people with felony convictions who have completed their prison sentences the right to vote.
It was signed into law last year.
The state Supreme Court was the final stop for the Minnesota Voters Alliance in challenging the constitutionality of this newer law.
The high court affirmed the lower court’s decision on Wednesday, saying the Minnesota Voters Alliance didn’t have the standing to sue in the first place.
As Hamline University constitutional law professor David Schultz explained, the courts ruled that the Minnesota Voters Alliance doesn’t have a case because the organization and the voters they represent were not personally harmed by the passage of the law.
“You got to show harm to get into court, and they haven’t shown harm. That’s really the bottom line,” Schultz said after reviewing the opinion.
“The law is pretty clear, both at the federal level and the state level, you have to show that you’ve been personally harmed in some way that separates you out from anybody else to be able to get into court. That’s a big central principle of American law.”
Upper Midwest Law Center founder and president Doug Seaton, whose firm represented the Minnesota Voters Alliance, argued his clients were harmed when the state allowed roughly 55,000 formerly incarcerated people in Minnesota to vote.
“We have voters whose votes are being, in effect, reduced in value because someone is being allowed to vote who, at least in our argument’s view, is not entitled to vote. That reduces the power of that vote, and so that citizen’s contributions are diminished,” Seaton said.
ACLU of Minnesota staff attorney David McKinney’s clients are among the thousands now able to cast a ballot. He argued more harm would have been caused by reversing their newly achieved right to vote.
“We think its a fundamental right,” he said.
“The studies show that folks who are voting and further engaged in their community are less likely to recidivate — to commit additional crimes, they’re more connected with their community. And so, we think it’s a good thing for democracy and for public safety more generally.”
Schultz said the Minnesota Supreme Court’s decision was not a surprise based on past precedent.
“It’s a division that says that for some issues, the courts are an appropriate place to go, but for many issues, it’s the political process,” he continued.
“And what they essentially told the Minnesota Voter Alliance is, ‘Guess what? Go talk to the legislature, go talk to the governor, go run in elections if you don’t like the law that was passed.'”
The Minnesota primary election is on Tuesday.
Minnesota Attorney General Keith Ellison and Secretary of State Steve Simon issued a joint statement on Wednesday, calling the opinion a “success.”
“Democracy is not guaranteed — it is earned by protecting and expanding it,” Attorney General Ellison said. “Today, the Minnesota Supreme Court protected the right of 55,000 Minnesotans to participate in our democracy, so today, our democracy is stronger. I’m proud my Office successfully represented Secretary Simon against this baseless challenge, and I’m proud Restore the Vote is definitively the law of the land today more than 20 years after I first proposed it as a state legislator. I encourage all Minnesotans who are eligible to vote to do so and to take full part in our democracy.”
“Today’s decision is great news for voters,” said Secretary of State Steve Simon. “With Minnesotans already voting ahead of the August 13 Primary and making a plan to vote in the November 5 Presidential Election, it is critically important that every voter understands their rights. The Restore the Vote Act remains the law of the land. If you are not currently incarcerated, a U.S. citizen, at least 18 years old, and a resident of Minnesota for 20 days, and have not had your rights to vote revoked by a court – you can vote in Minnesota. Special thanks to the Office of Attorney General Keith Ellison for its strong defense of this law.”
Hennepin County Attorney Mary Moriarty issued a statement as well:
“Today, the Minnesota Supreme Court rightfully affirmed a state law that restored voting rights to people
convicted of felonies who are out on probation, supervision or work release. The right to vote is a
powerful tool to help people with felony convictions regain their place in their communities. Research
shows that having the opportunity to vote makes people less likely to reoffend, which is better for them,
their families, and society as a whole. Put simply, having the right to vote makes our communities safer,
and it’s a critical way we can all invest in our communities. I encourage everyone who can vote to do so
in the primary next week and in November to make our democracy as representative as possible.”