The best place to begin with on 'our' side is the Brennan Center (
http://www.brennancenter.org/).
This is their page about where their efforts are focussed:
http://www.brennancenter.org/programs/programs_dem_votrep.htmlThey used to link to to .pdf file with a long report on changes in ex-felon disenfranchisement. Essentially, most states had some form of ex-felon disenfranchisement statutes and have quietly been clearing them away piecemeal during the past 50 years, i.o.w. in a way so that their voters don't really notice it or pay attention to it. For example, the legislatures cut down requirements of time past end of the sentence (e.g. two years instead of five, five instead of ten) and up the sorts and number of convictions required, disenfranchising ever smaller numbers of ex-felons. In five or ten years these legislatures will then get reports from their Attorney Generals telling them that it's a nuisance to the AG and no benefit to the State to enforce such laws, with a recommendation to drop enforcement and eliminate particular such statutes and, eventually, all of them- the goal intended from the start. The fact that this is taking place all over the country and for many years says that the "morality" of disenfranchising ex-felons is no longer a relevant issue at all legally or among the de facto leaders (religious and otherwise) of mainstream society in ethical matters; the significant problem is combatting the mythology/bigotry- the politics of dealing with the 'outraged'/haters - and, as is notable in Florida, those others who benefit from the advantages of the present arrangement.
The essential facts are something like this: most felons are sentenced while in their twenties and thirties. In the states where they are not obstructed from voting- many states now automatically reenfranchise them-, very few ex-felons do vote- a rate of about 10% is typical. Most do come from poverty, where people vote at very low rates anyway, and many have no meaningful education, political views, or any insight into society at large distinguishable from a child's before incarceration. Ex-felons apparently do tend to vote at higher rates with age, much as the population at large does, therefore more the farther they are from the completion of their sentences.
The ethical argument, imho:
There is no argument about the disfranchising of incarcerated felons. No one wants the result of an election to turn on the ballots returned from a prison. States reenfranchising ex-felons vary in whether parolees are reenfranchised- the proportion of voters they represent is very small, and most of them have so many other things to deal with that as a practical matter voting gets neglected so that it's a symbolic thing in practice.
The argument for disenfranchising ex-felons is that they are permanently tainted and will never act- vote- for the best interests of society at large. This is reinforced by the impression of what freshly incarcerated felons are like as a group- immature, brash, nasty, violent, individually often sociopathic.
The argument for reenfranchising ex-felons is a little tedious.
(1) The serious recidivists and sociopaths are usually back behind bars or drop out of mainstream society and its practices within months or fewer years than even one election cycle. The average voting ex-felon is in their late 40s, 50s, or 60s, and has been out for many (10-30) years.
(2) Therefore, the ex-felons who wish to vote are easily the ones who are most rehabilitated, as a group at least to an extent that they seem indistinguishable from most common people who have not been inside the prison system. In short, you would not run into any of them on the street and see something that would occur to you as reason to disenfranchise them.
(3) The argument that ex-felons as a group do not vote according to the best interests of society is at best silly: either they vote for one of the two Major Parties, which should not count as antisocial (though in some regions not voting for the One True Party does), or they vote for a Third Party that may or may not be anti-societal.
(4) The argument that ex-felons as a group do not vote according to the best interests of society is at worst unAmerican/sociopathic: it assumes demonic possession of all members of a class of American society. Taking this to its logical conclusion, this also assumes that some states are run by a demonic conspiracy- otherwise the local moralists and Believers In The True Faith would point out the difference, wouldn't they?
The politics of it:
The state where this is presently a Big Deal at the moment is Florida. Most other states made ex-felon disenfranchisement part of their general body of law, so disappearing it without catching a lot of scrutiny from voters is possible. Florida made it a part of their Constitution of 1868, and the intent to selectively disenfranchise blacks during and after Reconstruction was clear at the time. About a half dozen smaller states still have nearly as comprehensive ex-felon disenfranchisement statutes, almost all these states lying in the South or Midwest. Florida, in which 6% of voters (most of them black) are excluded, is the largest and most important of these states. It is the one in which the largest total number of people and percentage of voters is disenfranchised, where the rule is most strongly instituted (as Amendment), and the political establishment is most adamant about defending this state of affairs. If/when Florida breaks down, the others will have to give way too. Florida is the remaining bulwark for this particular Lost Cause. (Too.)
The legal/jurisprudential game in the courts:
In Florida the ball apparently got rolling on the matter in mid-2000. I suspect as a side phenomenon of the great Democratic registration drive of 2000 in the black community. The Brennan Center led the plaintiffs in filing the first/major lawsuit (Johnson v. Bush) in the matter in late September 2000- more than a month before the disputed election took place at all. The argument that lawsuit uses is based in the 14th Amendment (Equal Protection, ratified 1865) and the 1964 Voting Rights Act. It claims the Floridian Amendment was intended to disenfranchise blacks selectively, and since Florida ratified the 14th (as a condition of being reaccepted into the Union) there exists a conflict that can only be resolved by striking the Floridian Amendment. (IANAL, but it seems to me that some kind of argument based on the 15th Amendment is needed in there somewhere.)
After a lot of motions and doing nothing for a decent interval during and after the disputed election, Johnson v. Bush went to federal trial in April 2002. The verdict in July 2002 went to the defendants and said the plaintiffs hadn't proven the nature of the discriminatory intent to the necessary satisfaction. The appeal (11th Circuit Court of Appeals, Atlanta) was made this spring and hasn't been handed down yet. My guess it will come out in December or January, at the end of the court's term (business year).