Midterm voters affirm, expand civil liberties
A number of progressive down-ballot measures scored impressive victories
For left-leaning voters, the results of last week’s most publicized midterm races were a mixed bag. There was some success but by no means was there a great, blue wave.
By now, everyone knows that the Democrats won back the House and the Republicans solidified control of the Senate. Some have suggested that the Democrats suffered because the party’s left-wing elements alienated more moderate voters. But across the country, a number of progressive down-ballot measures, designed to affirm or expand civil liberties, scored impressive victories.
In Florida, voters approved Amendment 4, which restores voting rights to people in the state convicted of felonies, so long as they have completed their sentences. (Those convicted of murder or felony sex offenses are excluded.)
The passage of Amendment 4 — which received 64 percent of the vote — will restore voting rights to 1.5 million Floridians. That’s nearly 10 percent of Florida’s voting-age population. The amendment, which received endorsements from both the American Civil Liberties Union and the Koch brothers-backed group Freedom Partners, will be of particular benefit to Florida’s black community, where, according to data from the Sentencing Project, nearly 18 percent of potential voters had been ineligible on account of a prior felony conviction.
As the ACLU has written, “Voting is the cornerstone of our democracy and the fundamental right upon which all our civil liberties rest.” Our democracy can only truly thrive when citizens enjoy universal suffrage, giving each voice power.
But various states have denied formerly incarcerated people the right to vote. In 2016, for example, more than 6 million people nationwide could not vote because they were convicted felons. Florida alone accounted for more than a quarter of that figure. Now, with the passage of Florida’s Amendment 4, Iowa and Kentucky are the only states that enforce a ban on the voting rights of citizens convicted of a felony.
In Louisiana, voters approved Amendment 2 — also with 64 percent of the vote — which overturned a Jim Crow-era law that allow split-jury decisions on felony cases.
When the United States adopted the 14th Amendment in 1868, some states took actions designed to limit the rights of black citizens, including laws allowing split-jury decisions that required only 10 of 12 jurors to agree to a conviction.
Ending split-jury decisions in Louisiana also enjoyed bipartisan support. The Louisiana state Democrats and Republicans backed it, as did the ACLU and another Koch brothers-backed group, Americans for Prosperity.
This leaves Oregon as the only state that allows split-jury decisions, though unanimous verdicts are still required for murder trials.
One may argue removing a remnant of Jim Crow is more common sense than it is progressive. What is progressive, however, is light being shined on the iniquities of the criminal justice system, which has long preserved institutional schemes to limit the power of racial and ethnic minorities.
The passage of Amendment 2 is a step in the right direction for Louisiana, at once effectively addressing a longstanding problem of its legal system and reminding all of us of the injustices that still exist.
Finally, nearly 56 percent of Michiganders voted to legalize recreational marijuana use, making The Great Lakes State the first Midwestern state to do so.
Aside from Michigan’s ability to regulate and tax cannabis, legalized marijuana will have a significant impact on Michigan’s criminal justice system.
According to the Detroit Free Press, over the past five years, more than 115,000 people have been arrested on misdemeanor marijuana offenses. Of that number, nearly 50,000 people have been convicted. Now, all the time, money and personnel used to pursue nonviolent marijuana offenders can be allocated to serious crimes.
While most marijuana legalization laws positively influence the future of a state’s criminal justice system, Gretchen Whitmer, Michigan’s governor-elect, also plans to use the new law to help those who were convicted in the past.
“I think that the people of Michigan have said that for conduct that would now be legal, no one should bear a lifelong record for that conduct,” Ms. Whitmer said last week.
This means that tens of thousands of Michigan residents who have been convicted of nonviolent marijuana offenses will get a second chance. This has been the aim of civil libertarians for many years and Michigan is today in a position to realize that goal.
These initiatives were not aberrations. Voters in the state of Washington and the city of Nashville passed initiatives to better adjudicate police misconduct. The people of Colorado approved a state constitutional amendment that removed language identifying slavery as a state-sanctioned form of punishment. Arkansans and Missourians both voted to increase minimum wage to $11 and $12 per hour, respectively.
It is understandable that the general public would focus on the races for important offices this midterm cycle. The personalities and foibles of the candidates certainly make for compelling TV. But people should not underestimate the significance of these results in Florida, Louisiana, Michigan and beyond.
Voters showed decided interest in enlarging the scope of our civil liberties. Expanded suffrage, criminal justice reform and the legalization of marijuana are positions aimed at increasing liberty and ensuring equality under the law.
Of perhaps equal importance, these proposals passed with widespread support. Washington is widely considered to be a “blue state,” but Colorado, Florida and Michigan are regarded as purple, while Louisiana is firmly red. Yet the smallest margin of victory for any of these ballot measures was 11 percentage points (Michigan marijuana legalization).
Voters respond to good ideas and clear vision. Each of these reforms had an intent and purpose that spoke to the electorate. As we head toward 2020, we will be wellserved if presented with proposals like the ones many Americans voted on last week.