A measure allowing convicted felons on parole the right to vote in elections was embraced again by Democrats today -- this time in a Senate committee, which agreed on a 4-3 party-line vote to send the proposal back to the Senate floor.
Senate Bill 83, by Sen. Ron Tupa, D-Boulder, was up for debate in the Senate Judiciary Committee. The bill was presented as an “all-purpose clean-up” of the state’s elections procedures; however, in its current form, the proposal permits felons on parole to be awarded full voting rights, prior to completing their sentences.
“This (parolee voting) portion redefines by legislation a constitutional phrase, and the Legislature does not have that authority,” said Dan Domenico, solicitor general of Colorado.
Domenico, who was representing the office of Attorney General John Suthers during his appearance, defined parole as a conditional release of an individual to serve part of his or her sentence outside of prison. He then referred to probation as being “in lieu of a sentence in prison.”
“Full rights of parolees return only when a full sentence is completed or after a pardon by the governor,” Domenico added.
Under longstanding current law, convicted felons do not become eligible to vote until after they complete their parole; however, majority Senate Democrats voted to scrap that law.
“Parolees do not have the rights of ordinary citizens,” said Peg Ackerman, who was representing the Colorado County Sheriffs Association, and opposed the measure. “They’re still serving part of their sentence.”
Sen. Ken Gordon, D-Denver, suggested that the General Assembly has the authority to redefine parole through the legislative process.
“What we can and cannot do on parole is up to the Legislature,” he said.
A few weeks ago, SB 83 was amended on the floor by Senate President Pro tem Peter Groff, D-Denver, to include the parolee voting provision. That language broached intense scrutiny by Senate Republicans, who noted that since the amendment was brought up on the floor, public input on the issue was excluded.
Last week, Sen. Josh Penry, R-Fruita, convinced the bill's author and the Senate to reconsider Groff’s provision of SB 83 in the Judiciary Committee.
“If we keep this provision in, we should at least subject it to some scrutiny,” Penry explained. “This provision is, on its face, unconstitutional.”
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Dan Domenico, Solicitor General of Colorado, testifies against a Democrat provision in Senate Bill 83 allowing parolees the right to vote. |
