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GOP’s Penry derails Senate attempt to let convicts vote Print E-mail
Friday, 16 March 2007

Senate Republicans were victorious today in heading off a controversial Democrat proposal that allows convicted felons to vote while on parole, sending the measure back to committee for a full hearing.

Sen. Josh Penry, R-Fruita, successfully offered a motion to send Senate Bill 83 to the Judiciary Committee so that vocal opponents of the convict-voting provision -- including the state's attorney general and the secretary of state -- can testify. The provision giving felons on parole full voting rights was amended into the omnibus voting bill last month on the Senate floor, where opponents had no chance to testify.


"This provision is on its face unconstitutional."


“If we keep this provision in, we should at least subject it to some scrutiny,” Penry told fellow senators. "This provision is, on its face, unconstitutional."

Penry added that Colorado Attorney General John Suthers also believes the portion is unconstitutional. 

Under longstanding current law, convicted felons do not become eligible to vote until after they complete their full sentence, including parole. However, majority Senate Democrats voted last month to scrap that law when they included the amendment.

 

Sen. Josh Penry of Fruita 


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SB 83, by Sen. Ron Tupa, D-Boulder, is an all-purpose clean-up of the state’s elections procedures. Even Tupa was agreeable to Penry’s motion, noting that the measure “deserves broader viewing.”

Colorado Deputy Attorney General Jason Dunn welcomed the development.

“The Attorney General’s office feels the provision is unconstitutional,” said Dunn, who added that someone from the AG’s office would surely testify against the bill in the Judiciary Committee. “We’re pleased that the Senate chose to send it back to committee today.”

Jonathan Tee, spokesman for Secretary of State Mike Coffman, agreed and noted that the secretary "certainly opposes" the parolee-voting provision in SB 83.

In a prepared statement, Coffman said, “I adamantly oppose this floor amendment and believe it violates the State Constitution."

 

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