Fundamentals of Interactive Journalism

Yesterday, the New York Civil Liberties Union announced it was launching a statewide education campaign to inform New Yorkers with criminal records that they have the right to vote.

Lawyers and activists gathered at the NYCLU office in downtown Manhattan to kick off a campaign that consists of bus advertisements, public service announcements, and a voting rights website for New Yorkers with criminal records. The website contains a multitude of useful information, including fact sheets, voter registration forms, and links for immediate assistance.

The NYCLU voting rights website also contains videos of formerly incarcerated people speaking about their struggle to register to vote. Maria Perez, a single mother of three teenagers and a former convict who completed parole in 2000, is featured in these videos. She was at the NYCLU office yesterday to lend her support to the campaign launch. You can watch her story below:

When listening to Maria and the lawyers at NYCLU speak, I was curious at to why there is so much confusion about voter registration laws among employees at the Board of Elections. This disarray is happening despite the fact that employees have participated in training sessions devoted to this area of law. I believe part of this confusion could stem from technical legal jargon.

In a nutshell, here’s the law in New York state:

• A person who is formally incarcerated or is on probation has the right to vote in New York.
• A person who is currently incarcerated or is under parole supervision is ineligible to vote in New York.

I highlight the words “parole” and “probation” because there is a fundamental distinction between these two words. It makes the difference as to whether you are allowed to vote or not vote in New York. It just happens to be that each word starts with a “p” and is related to the criminal justice system. I can see why people are confused. Board of Election employees should be experts on voting law, not criminal law.

You can read about the difference between probation and parole here.

I do not think that technical legal jargon is the only reason behind the confusion at the Board of Elections. A 2004 study by the Brennan Center for Social Justice shows that more than half of the election boards in New York City unlawfully required former prisoners to present official documentation about their criminal status before registering to vote. No such official documentation is required – a former prisoner only has to sign an oath when registering to vote.

What is the source of the confusion, and what can be done to alleviate it? I’m not sure if more training sessions at the Board of Elections is the only answer.