ACLU Sues to Restore Voting Rights in Minnesota

October 21, 2019 11:30 am

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SAINT PAUL, Minn. — The American Civil Liberties Union filed a lawsuit today to restore voting rights to tens of thousands of Minnesotans.

Schroeder v. Minnesota Secretary of State was filed in Ramsey County District Court by the ACLU of Minnesota and national ACLU on behalf of people with felony convictions who are barred from voting while they are on supervision or probation, even after they have finished any prison term or even if they’ve never spent a day in prison.

“No legitimate or rational government interest is served by barring people from voting while they’re on probation,” said ACLU-MN staff attorney David McKinney. “The criminal justice system is supposed to be about reform, redemption, and reintegration into society. Denying people the vote flies in the face of these goals while violating a fundamental right.”

The plaintiffs in this case are among more than 52,000 Minnesotans who are living and working in their communities, raising families and paying taxes, yet aren’t allowed to decide who will represent them. They live in every county of the state.

“Our clients and thousands like them live in their communities, carrying all of the responsibilities that entails,” said Theresa Lee, a staff attorney with the ACLU’s Voting Rights Project. “Depriving them of voting serves no legitimate purpose and is unconstitutional.”

Plaintiff Jen Schroeder will spend 40 years on probation and cannot vote until she is 71.

“I am proud that I have turned my life around,” said Schroeder, who was convicted of drug possession and has since become a drug and alcohol addiction counselor. “I am dedicated to making a difference in the lives of others. I should have the right to vote for the person who I think will make policy changes that will enable me to be successful. There’s absolutely no reason that anyone who’s served their time should be stripped of their right to participate in our democracy.”

Plaintiff Tierre Caldwell, an employment navigator with The Power of People Leadership Institute, is on probation and has not been allowed to vote since the 2008 presidential election. He’s the father of two.

“I can’t vote for my kids’ sake for who to put on the school board. It’s hard to encourage your children to vote when you cannot,” Caldwell said. “Voting is the one thing that makes you feel free. Statistics show the majority of people who vote don’t go back to prison. It makes me feel like they can take my tax money but I can’t participate in selecting our leadership.”

The complaint cites due process and equal protection violations under the state Constitution.

“Minnesota has never articulated any justification for disenfranchising citizens who live in our communities following a felony conviction, and none exists. The exclusion of these citizens from the political process is fundamentally wrong, undemocratic, and corrosive to constitutional governance,” said Craig Coleman, a partner with Faegre Baker Daniels, pro bono co-counsel on the case.


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