Farrakhan v. Gregoire
In 1996, a lawsuit was filed against the State of Washington regarding the state law that revokes a person’s right to vote following a felony conviction.
The lawsuit claims that, in the criminal justice system, racial minorities are disproportionately prosecuted and sentenced to prison, and therefore the law revoking their right to vote violates the federal Voting Rights Act. The Voting Rights Act was adopted by Congress in 1965 to eliminate racial discrimination in voting.
Since 1996, the case has had multiple motions and hearings in the U.S. District Court for the Eastern District of Washington (Spokane) and the U.S. Ninth Circuit Court of Appeals.
On January 5, 2010, the Ninth Circuit Court of Appeals issued an opinion concluding that, due to racial discrimination in Washington’s criminal justice system, racial minorities are more likely to lose their right to vote. The Court concluded that this violates the federal Voting Rights Act.
However, on April 28, 2010, the Court of Appeals decided to rehear the case. Oral argument was held on September 21, 2010. On October 7, 2010, the Court of Appeals issued its opinion that the plaintiffs did not meet their burden of showing that the Voting Rights Act has been violated.
The Court of Appeals decided that, in order to claim a Voting Rights Act violation based on the state criminal justice system, a person must show that the criminal justice system is infected by intentional discrimination or that the felon disenfranchisement law was enacted with intentional discrimination. The plaintiffs in this case only presented statistical evidence of racial disparities in the criminal justice system. The plaintiffs failed to present any evidence of intentional discrimination in the criminal justice system. The Court concluded that summary judgment in favor of the State was proper.
Washington’s felon voting law continues to be in effect. That law states that felons who are either in prison or on community custody with the Department of Corrections are ineligible to vote. For a full explanation of when felons regain the right to vote, click here.
For copies of the court documents and briefs, see below.