June 25, 2016, marked three years since the United States Supreme Court gutted the Voting Rights Act of 1965 in Shelby County v. Holder, removing a key provision requiring state and local governments with a history of discriminatory voting practices to obtain federal preclearance before implementing changes to their voting laws or practices.
The decision, produced by a closely-divided high court, has allowed states to return to discriminatory voting laws and constitutes the largest rollback to voting rights in 50 years. On this Fourth of July weekend and beyond, it is important to remember how we are all affected by this decision.
Unfortunately, racial discrimination in voting rights still exists — not just on the continent, but here in Hawaii, too.
On the mainland, states have passed laws that have increased barriers to voting, undermining the constitutional rights of people of color and language minorities. Previously active voters have been prohibited from returning to the voting booth, and individuals of different races and cultures have suffered intolerable obstructions to their right to vote.
Voters in Texas, Wisconsin and California, among others, have experienced grueling obstacles to voting. States and localities have made it harder for minorities to participate, decreasing the time allotted to cast a ballot and shutting down polling places. Though literacy tests may be a thing of the past, statutes that limit early voting and registration, require voters to show photo ID and remove registered voters from the rolls still disproportionately affect poor and minority voters.
Hawaii has some of the least discriminatory voting requirements in the nation, with one troubling exception: people convicted of felonies are not permitted to vote until they are released from prison.
This may seem reasonable at first glance, but because Native Hawaiians make up a disproportionate share of prisoners — and, statistically, receive longer prison sentences than Tongans, Latinos or Caucasians — the restriction on voting means a disproportionate number of Native Hawaiians are prohibited from voting.
Indeed, studies have shown that minorities are selectively targeted, and disproportionately arrested and prosecuted, resulting in their overrepresentation in the criminal justice system.
Voting allows the people of Hawaii to have a say in shaping the policies that affect our lives. Since Native Hawaiians are disproportionately likely to be in the criminal justice system, they are more likely to have their voting rights taken away. This leaves a large section of our community disenfranchised and unable to help make decisions to change and better our state.
We must ensure that all people of different colors, languages and circumstances are able to speak with their vote. Two other states — Maine and Vermont — have protected the right to vote, even for individuals who are still incarcerated. Hawaii should do the same.
