Though no one is exactly sure how many formerly incarcerated individuals (ex-felons) live in Houston/Harris County at any given time, on average 40,000 persons are released from Texas prisons annually. So, any way you slice it, their numbers are huge.
The vast majority of them are grossly misinformed about a critical right they have access to—the vote. And State Rep. Harold Dutton wants to not only inform these individuals of their voting power but also wants them registered by Oct. 7 and casting ballots in the Nov. 5 Election and beyond.
DUTTON’S INITIATIVE
Dutton’s strategy – engage in active voter registration in the bars.
“One of the reasons that we’ve chosen the bar owners is because one of the things we recognize is that all of these ex-felons are probably in and out of these bars,” said Dutton. “So, one of the things that can help is [bar owners’] support with trying to help get them registered.”
Dutton’s efforts have already garnered 25 bar owners signed on to get all eligible ex-felons registered to vote.
Dr. Alice Kirkmon, owner of Club Waikiki (3115 Bay St., Houston 77026), a bar and restaurant, is all in on supporting Dutton’s mission.
“I think that it’s important because of the situation that we will be in if they don’t vote,” she said. “Also, I think that our forefathers, they died for the vote. And, we today need to know that the vote is something that was fought for.”
Calvin Williams attended the official announcement of Dutton’s initiative which took place at Mickey Leland Memorial Park.
“I’m here to support the initiative of Representative Dutton and I feel that it’s a great thing to make sure that everybody get out there and vote, most importantly, the ex-felons; that they have a voice in this political climate right now and make sure that they are part of what’s going on in the world.”
“I came out today to support those who suffer from recidivism, whose rights have been taken from them, who are not able to vote,” shared Dr. James Joseph. “At this day in time, the Voter Rights Act of 1964, we’ve been fighting and fighting and fighting for it, and now it’s 2024 and we’re still fighting for voter rights.”
CLEARING UP MISCONCEPTIONS
A common misconception is a felony conviction strips an individual of their right to vote forever. However, each state has different laws regarding ex-felons and their ability to regain their voting voice.
In Texas, as long as you’re “off paper” you can vote, as long as you’re registered. But because so many formerly incarcerated persons and their family members are unaware of this fact, few take the time to register once their again eligible.
“What [off paper] means is you have a letter from the Texas Department of Criminal Justice saying you’re fully released from the sentence that was imposed when you got the felony,” said Dutton, who took on this fight in the 80s with friend, the late Congressman Mickey Leland. “If you are completely off paper, that means you don’t have to do any more probation. You don’t have to do any more parole.”
And according to the law in Texas, those “off paper” can vote once they register.
Not only that, but hundreds, if not thousands, of individuals currently in prison are still eligible to vote, a fact that sounds crazy only because it’s a law rarely publicized to Black and Brown communities.
“I want to stress that if you’re serving time for a conviction, but that conviction is on appeal, you still maintain your right to vote… For people who have deferred adjudication, that is not a final conviction. So, you still maintain your right to vote. So, even if you’ve got a felony deferred adjudication, what the judge said at the time you got it is you pled guilty, but the judge told you he was going to withhold the finding of guilt pending your successful completion of the terms of probation. So, you don’t end up having a conviction. So, you still maintain your right to vote,” explained Dutton, a longtime practicing attorney.
FAMILY IMPACT
Even more damaging to democracy, Dutton says, when an individual goes to prison, oftentimes their entire family circle stops voting.
“When [individuals] go to prison, they don’t go in that cell by themselves. They go in that cell with their families, their mothers, their fathers, their sisters and brothers, their uncles and aunts and grandmothers. That’s who’s in there serving with them. As a consequence, many of their families turn off to vote. They turn off to participating as they should in all kinds of activities simply because they don’t like the way their loved one was treated, both in terms of getting the conviction and in terms of serving the time.”
Hence, if he can get eligible ex-felons re-engaged in the voting process, the hope is the entire family with also re-engage.
EXTENDING THE FIGHT
Moving forward, Dutton wants to remove all restrictions on the formerly incarcerated who are blocked from gaining employment, securing a place to live and countless other things Dutton believes are excessive.
“There are about 183 things that an ex-felon can’t do in Texas. You can’t get licenses. You can’t get certifications. That makes no sense to me because I don’t understand why society gives you a greater sentence than the jury gave you,” stated Dutton.
Dutton says he’s continuing his efforts to “free ex-felons.”
“If an ex-felon has served their time, they ought to be released from any inability to get a job, place to live or to vote.”
