Hobbs orders that convicted felons get info on how to register and vote

Gov. Katie Hobbs wants to be sure convicted felons have the information they need if they want to register and vote.

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

The move comes after a special task force recommended there be automatic restoration of civil rights once someone has completed a prison term.

But that proposal proved unacceptable to Sen. Ken Bennett, a Prescott Republican.

Bennett, one of two lawmakers on the task force, said simply getting out of prison doesn’t mean someone has paid all of their 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 the proposal won’t get approved in the Republican-controlled Legislature.

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

Other orders to promote voting

The move to educate convicted felons on having their civil rights restored is just one portion of a series of new orders from Hobbs 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 making paper registration forms available at state agencies, accepting them on-site and forwarding them to state or local election officials. In some cases there also is a mandate to “provide voter registration assistance.’’

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

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

The process for felons

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 showing that all fines and restitution have been paid, as verified by a form from the corrections department. 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 the person was convicted, and a judge’s approval 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, its report says, some former felons are often unaware of their eligibility and the 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 were restored.

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Hobbs won’t push for automatic right

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 such as completion of probation and taking care of all financial obligations.

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

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

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

“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.

Other provisions

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

Included in the orders is a list of state agencies that must 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 requires proof of citizenship to vote in state and local elections. But that generally does not require furnishing additional proof: Arizona driver’s licenses and non-operating identification cards issued after Oct. 1, 1996 already provide that proof.

There is a separate 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.’’ 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 money or in-kind services to “low-income or underserved populations’’ to provide voter registration assistance.

Hobbs also directed the Department of Veterans’ Services to provide information to veterans, active service members and their families about voter registration eligibility, processes and relevant resources. That specifically includes those who recently became Arizona residents.

There’s also 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 the person’s presence on Election Day is “essential.’’

Restoring felons’ voting rights is also a national issue. 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.

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