The Intersection of Suppressive Voter and Adverse Criminal Justice Practices

• In Event: The Indirect Effect of Voter Suppression Strategies on Criminal Justice Consequences for Voters of Color

Abstract

Following the Shelby v. Holder decision to remove oversight from jurisdictions with low minority voting rates, various forms of suppressive voter practices have been enacted around the country. Moreover, after the 2020 presidential election, numerous suppressive voter practices have been promulgated by states that also happen to have large contingents of voters of color. These legislative initiatives include mandatory voter identification, and registration, strict felon disenfranchisement eligibility, and closing of voting locations. Focusing on Blalock’s Power Threat Hypothesis, we hypothesize that jurisdictions with previous federal oversight are more likely to enact suppressive voter practices. We further hypothesize that counties with higher changes in black population are more likely to enact suppressive voter practices. We expect to see the adverse effect suppressive voter practices and minority threat have on criminal justice outcomes. Utilizing data from the U.S. Election Assistance Commission, county and state-level incarceration data, and the Census Bureau we conduct regression analyses to demonstrate these relationships. The results of this study have tremendous implications for the role the Shelby decision may have played in the high volume of suppressive voter practices, and through this the disenfranchisement of voters of color.

Authors

• Noreen Ali, CUNY Graduate Center / John Jay College of Criminal Justice

• Frank S. Pezzella, John Jay College of Criminal Justice

• Brian Lawton, John Jay College of Criminal Justice