Civil rights groups say the state is illegally preventing thousands of ex-felons from voting, filing a lawsuit that targets new categories of former inmates created under the criminal justice reform known as realignment.
California election law is clear that ex-felons can't vote while they're on parole. But realignment created two new categories of low-level ex-felons who never get paroled, but instead are subject to probation or community supervision.
Secretary of State Debra Bowen directed local election officials to treat these low-level offenders the same as parolees -- in other words, they can't vote until their supervision is done.
In a lawsuit filed Tuesday, the ACLU says Bowen is misinterpreting both the spirit and letter of the law. Attorney Michael Risher says realignment was intended to help ex-offenders stay out of trouble and that voting rights are part of that.
"We want them to participate in civil society, to encourage them to fulfill their civic duty and vote," says Risher. "We certainly don't want to stand in the way of that, particularly when the law says that they have the right to vote."