Ex-felons’ voting rights fool officials

Survey finds almost half are unclear on certain aspects of the law

By Gina Smith

The State

S.C. election officials lack knowledge of some voting rules for people with criminal records, according to a new survey. Wednesday, representatives from the ACLU and the S.C. Progressive Network released a survey of election officials in each of South Carolina’s 46 counties.

On questions like whether people with misdemeanor convictions and people with out-of-state felony convictions may vote, an average of 48 percent of officials got it wrong. On basic eligibility questions, like whether residents with felony records could vote, officials fared much better, with about 5 percent getting the answer wrong.

“The history in South Carolina is preventing people from voting, and we’re still living that history,” said Brett Bursey, director of the S.C. Progressive Network. Several people the Network attempted to register to vote recently thought they couldn’t vote because of past incarcerations.

“The people on the streets don’t understand (the rules), and if they go to their election commission, they’re going to get this kind of wrong information,” Bursey said.

The two organizations hope the survey will result in more training for election officials. They also want the state to notify people when they regain their right to vote.

The State Election Commission, which oversees the 46 county election commissions, is questioning the survey’s methodology.

“I don’t know what to think about the survey,” said Chris Whitmire, commission spokesman. “I don’t know how it was conducted and who they talked to at the (election commission) offices, how were the questions asked and if there was any bias in the questions.” Whitmire also noted some of the questions were misleading.

Under South Carolina law, those convicted of felonies are prohibited from voting until they complete their sentences, including parole and probation. Those convicted of violating any election law – felonies or misdemeanors – are also prohibited from voting until their sentences have been served. Then, the right to vote is restored.

If convicted of any other misdemeanor, the person loses the right to vote while incarcerated.

All employees of the state’s election commissions must complete a state certification program, Whitmire said. An additional class is required annually.

Survey questions were asked of whoever answered the phone at the election commissions, to simulate the experience of regular callers, said Rachel Bloom of the ACLU.

Whitmire said the election commission may send a letter to the county commissions, reiterating voting rules to workers.