By Howard Fischer
Mail | X: @azcapmedia

PHOENIX — Gov. Katie Hobbs wants to make it easier for convicted felons to get a chance to register and vote.

In a new executive order, the governor directed the Department of Corrections, Rehabilitation and Reentry to provide instructions on getting their civil rights restored to inmates being released. And for those already out, Hobbs wants the agency to provide that same information on its website.

The move comes on the heels of a recommendation by a special task force that there be automatic restoration of civil rights once someone has completed a prison term.

But that proposal proved unacceptable to Sen. Ken Bennett.

The Prescott Republican, one of only two lawmakers on the panel, said simply getting out of prison doesn’t mean someone has paid all of his or her debts to society. He said civil rights should be restored only after that person has completed probation and paid their fines and restitution.

More to the point, Bennett said it won’t get approved in the Republican-controlled Legislature.

By contrast, what Hobbs is ordering does not require legislative action.

The move to educate convicted felons on having their civil rights restored is just one portion of a series of orders from the governor related to voting. They include:

• Giving state employees paid time off to work at polling places;
• Using state buildings as polling sites;
• Having state agencies tell people where they can register online.

That also involves not only making paper registration forms available at state agencies but also accepting them on site and then forwarding them to state or local election officials. In some cases there also is a mandate to actually “provide voter registration assistance.”

And Hobbs is allocating $2.3 million of federal COVID stimulus funds for various election-related programs.

Much of this is the result of the findings of the task force that Hobbs formed earlier this year which came up with a series of recommendations designed to ease the process of registration and voting and deal with ancillary issues like security around voting centers and drop boxes. All were adopted unanimously — with the exception of that proposal on automatic restoration of civil rights and the ability to vote for felons

The issue is not local.

In Florida, for example, voters approved a constitutional measure in 2018 designed to make that automatic. But it has been hampered by a 2019 law that first requires felons to pay “legal financial obligations” line fees, fines and other court costs before that can happen.

There is ongoing litigation to resolve that.

In Arizona, felons can get their rights back.

It’s supposed to be automatic for those with only a single felony conviction.

But it does require completion of probation or a receipt of “absolute discharge” after it has been shown that all fines and restitution have been paid, something verified by a form from the corrections department. And the American Civil Liberties Union said individuals should file an application to restore civil liberties “to ensure that the court informs the elections office that you are eligible to vote.”

For two or more felonies, the process is more complicated, requiring an application with the superior court in the county where they were convicted and approval of a judge for each felony criminal case.

The task force seeks to amend the law to make the restoration process automatic on release from incarceration, regardless of the number of felonies.

On one hand, the report says, some former felons are often unaware of their eligibility and procedural requirements.

“They frequently do not register to vote because they believe they are not eligible or can’t navigate the process successfully,” it says.
Conversely, the task force said there have been cases where individuals have been prosecuted for registering to vote without first ensuring their rights have been restored.

But the proposed fix can’t occur without legislative approval.

“That’s not going to fly,” said Bennett — at least not without language that makes restoration automatic only after all the other requirements like completion of probation and taking care of all the financial obligations.

Even Hobbs, who formed the task force and chose its members, isn’t ready to push it.

“We’re still reviewing all of the recommendations,” said press aide Christian Slater.

He said, though, the governor does support providing more information so that convicted felons can more easily navigate the processes that do exist.

“It’s about making sure that every Arizonan has the information they need to make their voice heard in elections if they so choose,” Slater said.

That same reasoning about increasing opportunities to vote, he said, is behind the other provisions in the executive orders.

It starts with a list of state agencies that have to put a direct link on their public web pages to existing online sites where people can register to vote via computer without having to show up anywhere in person.

Arizona law does require proof of citizenship to vote in state and local elections. But that generally does not require furnishing additional proof: Arizona driver licenses and non-operating identification cards issued after Oct. 1, 1996, already provide that proof.

There is a separate law federal law that allows registration without proof. But anyone in that category can vote only in federal elections, meaning for president or members of Congress.

Hobbs also is ordering that paper voter registration forms be available at state agencies in “conspicuous public locations.” And if the agency accepts a completed form, there are time frames for getting those documents to state and county election officials.
Another part of the order requires public state agencies that provide cash or in-kind services to “low-income or underserved populations” to provide actual voter registration assistance.

Hobbs also is directing the Department of Veterans’ Services to provide information to veterans, active service members and their families about voter registration eligibility, processes and relevant resources. And that specifically includes those who have recently become Arizona residents.

Then there’s the mandate of paid time off for state workers to volunteer at polls.

“One of the issues found by the elections task force is the lack of poll workers and elections officials who are able to do this work,” said Slater. “This is just making another route available to ensure that we have adequate staffing at polling locations.”

That’s not just for election day. The paid leave also would cover the time off needed ahead of that for training.

The idea is not new. The task force said Colorado already has such a program of paid leave that any state worker can take unless a supervisor determines that the person’s presence on election day is “essential.”

Hobbs’ order to allow state buildings to be used as voting locations is not new. Her predecessor, Doug Ducey, issued a similar executive order ahead of the 2020 election.