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Vote restored to Minnesota felons on supervised release

The law took effect June 1. Secretary of State Steve Simon said it was Minnesota’s “largest single act of enfranchisement” since the voting age changed from 21 to 18 a half-century ago.

2 men lean over to sign papers while man in suit holds sticker
Minnesota Secretary of State Steve Simon hands out "I plan to vote" stickers as newly enfranchised voters register to vote in St. Paul on Thursday, June 1.
Alex Derosier / Forum News Service

ST. PAUL — More than 50,000 people with felony convictions on supervised release in Minnesota are now eligible to vote under a new state law.

To commemorate the new law taking effect, a group of newly enfranchised registered to vote Thursday, June 1, at Arlington Hills Community Center in east St. Paul. Secretary of State Steve Simon, the state’s top elections official, said it was Minnesota’s “largest single act of enfranchisement” since the voting age changed from 21 to 18 half a century ago.

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“Our democracy faces a lot of challenges and a lot of threats. We have to protect it," Simon said in remarks ahead of the registrations. "And I think what has happened today is part of that protection of democracy."

Simon, a Democrat, and organizers with Restore the Vote, an activist group that pushed for years to end the ban on felon voting, say the next step is spreading the word that people on parole or probation for felonies can vote.

The first to fill out registration paperwork was Jen Schroeder, a plaintiff in an unsuccessful 2019 American Civil Liberties Union lawsuit to overturn the ban. Schroeder, who is serving a 40-year probation sentence for a drug possession charge and worked as an addiction counselor after a year behind bars, would not be able to vote until she is 71 under the previous law — the year 2053.

Felon voting rights activists
Felon voting rights activists Elizer Darris, front-right, and Jen Schroeder, front-left, prepare to register to vote at Arlington Hills Community Center in east St. Paul on Thursday, June 1.
Alex Derosier / Forum News Service

Elizer Darris, another plaintiff in the suit, also registered to vote on Thursday. Darris served 17 years in prison for second-degree homicide and later became co-director of the Minnesota Freedom Fund. Before the new law, he wouldn’t have been able to vote until 2025.

This is one of those rights that is foundational to our democracy. And I think we should absolutely look at ways that how we can always make sure that democracy includes every voice.
Rep. Cedrick Frazier, DFL-New Hope

Secretary of State Steve Simon’s office defended the law against the challenge, but he supported legislative efforts to change it.

Minnesota was one of 16 states, including South Dakota and Wisconsin, that only allow people with felony convictions to vote upon 100% completion of their sentence. North Dakota does not allow people in prison to vote, but does not have any other restrictions after release.

Twenty-three states automatically restore voting rights upon release, according to the National Conference of State Legislatures.

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Washington, D.C., Maine and Vermont allow incarcerated people to vote.

Asked if he supported that as a next step in Minnesota, Simon said he hadn’t yet arrived at a decision and deferred the question to lawmakers. Felon voting rights bill sponsor Rep. Cedrick Frazier, DFL-New Hope, said it's an ongoing conversation.

Gov. Tim Walz signed a bill allowing marijuana possession for adults, expunging marijuana conviction records and creating new licenses for the substance.

“This is one of those rights that is foundational to our democracy,” he said. “And I think we should absolutely look at ways how we can always make sure that democracy includes every voice.”

Past law

Under previous law, felons in Minnesota could not vote until they completed their parole or probation and paid fines related to their sentence. The state Constitution bans felons from voting until “restored to civil rights," and a 1963 law defined that as the end of incarceration.

Opponents of the law argued that it disenfranchised people convicted of crimes and prevented them from fully reintegrating into society.

For years, groups like the ACLU had pushed to restore rights upon release from prison. They argued the law disproportionately affected Black Minnesotans and Native Americans.

When Schroeder, the ACLU and others filed their lawsuit in 2019, the Minnesota Justice Research Center said 9.2% of Native Americans were disenfranchised in the state, followed by Black Minnesotans at 5.9%. Just over 1% of white Minnesotans were unable to vote.

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The center’s research suggested ending the state’s ban on felons voting could lower the number of disenfranchised Native American voters to 2%, Blacks to 1.5% and whites to 0.1%. The ACLU also said felon disenfranchisement particularly affects Greater Minnesota, where probation lengths are on average 46% longer.

In February the Minnesota Supreme Court upheld the felon voting ban. Justices acknowledged the disparate impact but ruled the law was still constitutional, sending the issue back to the Legislature. Lawmakers acted quickly and Gov. Tim Walz signed a bill restoring felon voting rights less than a month later.

Elections a DFL priority

Democratic-Farmer-Labor lawmakers say expanding access to voting was one of their top priorities this session.

After winning complete control of state government in November, Democratic-Farmer-Labor lawmakers and set out this legislative session to expand voting rights. It’s a move they say is necessary as other states limit poll access with policies like voter ID laws.

In addition to restoring felon voting rights, Minnesota enacted DFL-backed automatic voter registration and preregistration for 16- and 17-year-olds. The state also created new penalties for election misinformation and interfering with poll workers.

Spreading false information about voting 60 days ahead of an election and harassing or intimidating election officials or voters would be a gross misdemeanor.

Follow Alex Derosier on Twitter or email aderosier@forumcomm.com .

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Alex Derosier worked as a Forum News Service reporter, covering Minnesota breaking news and state government. Follow Alex on Twitter .
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