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    Charges Dropped Against Pamela Moses, Who Was Jailed Over Voter Fraud

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    Pamela Moses, who was sentenced in January to six years in a case that outraged voting rights supporters, will not face a new trial, a district attorney said.A Tennessee prosecutor dropped all criminal charges on Friday against Pamela Moses, a Memphis woman with a previous felony conviction who was sentenced to six years and one day in prison in January after she tried to restore her right to vote in 2019.The voter fraud conviction from her trial was thrown out in February after a judge ruled that the Tennessee Department of Correction had improperly withheld evidence that was later uncovered by The Guardian. Ms. Moses had been set to appear in court on Monday to find out whether prosecutors would pursue a retrial.But Ms. Moses will no longer face a second trial “in the interest of judicial economy,” Amy Weirich, the district attorney of Shelby County, said in a statement. Ms. Moses spent 82 days in custody on this case, “which is sufficient,” Ms. Weirich said. Ms. Moses is also permanently barred from registering to vote or voting in Tennessee. Ms. Weirich declined to comment further on the case.The sentencing of Ms. Moses, who is Black, had spurred outrage among voting rights supporters who said that the case highlighted racial disparities in the criminal prosecution of voting fraud cases and opaque voting restoration rights laws that sow confusion and leave many people with felony convictions unsure of their rights.In the summer of 2019, Ms. Moses, a Black Lives Matter activist, decided she wanted to run for mayor of Memphis, or at the very least vote in the upcoming election.She knew that she couldn’t do either while she was on probation for prior felony convictions, including a 2015 conviction for tampering with evidence. But she believed her probation was over, according to her lawyer, Bede Anyanwu. Overall, Ms. Moses had 16 prior criminal convictions, including misdemeanor counts from 2015 of perjury, stalking and theft under $500, according to the district attorney’s office. In September 2019, a judge told Ms. Moses that she was still on probation. But when she went to the probation office to confirm, a probation officer told her she was actually done with her felony probation, records show. The probation officer signed off on her certificate of restoration to vote and Ms. Moses then submitted it to election officials.A day later, the Department of Correction sent a letter to the Shelby County Election Commission informing it that the probation officer had made a mistake and that Ms. Moses could not vote because she was in fact still on probation.Video from a January hearing shows Ms. Moses telling Judge W. Mark Ward of the Shelby County Criminal Court, “All I did was try to get my rights to vote back the way the people at the election commission told me.”Judge Ward responded, “You tricked the probation department into giving you a document saying that you were off probation.”Ms. Moses was charged with perjury on a registration form and consenting to a false entry on official election documents. The first charge was dropped, but she was convicted of the second charge in November and sentenced in January. Ultimately, Ms. Moses’ felony conviction in 2015 for tampering made her permanently ineligible to vote under Tennessee law regardless of her probation status.“The case should not have been prosecuted right from the beginning because there was no trickery,” Mr. Anyanwu said. Ms. Moses declined to comment on Saturday.In recent years, Republican officials have moved to crack down on voter fraud, despite the fact that the crime remains a very rare and often accidental occurrence. Florida election officials made just 75 referrals to law enforcement agencies regarding potential fraud during the 2020 election, out of more than 11 million votes cast, according to data from the Florida secretary of state’s office. Of those investigations, only four cases have been prosecuted as voter fraud.Still, legislators in some states have stiffened penalties for voting-related crimes, and district attorneys and state attorneys general have pursued aggressive felony prosecutions in cases that might have been deemed legitimate mistakes.Voting rights advocates interpret these actions as a voter suppression tactic.“These prosecutions are intended to scare people who have prior convictions from even trying to register to vote,” said Blair Bowie, a lawyer with the Campaign Legal Center in Washington, D.C., who has been assisting Ms. Moses and Mr. Anyanwu with the case since October.These prosecutions also unfairly blame individuals for failing to navigate a voter restoration process that is unclear, she said, adding that state officials are responsible for putting adequate procedures in place for that process.Ms. Bowie is representing the Tennessee N.A.A.C.P. in a lawsuit against Gov. Bill Lee and other officials that accuses them of failing to establish clearer procedures for individuals with felony convictions, “leading to a rights restoration process that is unequal, inaccessible, opaque and inaccurate.”Nearly 80 percent of the disenfranchised people in the state have completed probation and parole and are potentially eligible to restore their voting rights, but fewer than 5 percent of potentially eligible Tennesseans have been able to acquire a completed certificate of restoration of voting rights and have tried to register to vote, according to the lawsuit.Voting rights advocates say that the case also highlights the racial disparity in the prosecution of voter fraud cases.“What we see consistently is honest mistakes made by returning citizens are penalized to the max, and true bad intentions are not being penalized to the same extent,” said Sylvia Albert, director of voting and elections for Common Cause, a government watchdog group. “And usually in those cases the defendants are white.”In October, Donald Kirk Hartle, a white Republican voter, was charged with two counts of voter fraud in Las Vegas after he forged his dead wife’s signature to vote with her ballot. He was sentenced in November to one year of probation, The Associated Press reported.Edward Snodgrass, a white Republican official in Ohio, forged his dead father’s signature on an absentee ballot in 2020 and was charged with illegal voting, NBC News reported. As part of a plea agreement, he served three days in jail last year, The Delaware Gazette reported.Ms. Moses is still pursuing the restoration of her civil rights, which include voting rights, through a lawsuit in Shelby County Circuit Court, according to Ms. Bowie. That lawsuit presents a constitutional challenge to the state statute that permanently bars people convicted of tampering with evidence from voting in Tennessee. More

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      Black Woman’s Bid to Regain Voting Rights Ends With a 6-Year Prison Sentence

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      Missteps by various officials put a Tennessee woman on a collision course with the law. Supporters say the sentence underscores racial disparities in voter fraud cases.A Black woman who was sentenced last week to six years and one day in prison for trying to register to vote in 2019 despite having a felony conviction says she was the victim of complicated voting laws in Tennessee that appeared to confuse even election officials.Prosecutors in Memphis said that accidentally or not, the woman, Pamela Moses, 44, broke the law. But Ms. Moses, a Black Lives Matter activist, and her lawyer say election officials gave her advice that they later corrected while she was seeking to have her voting rights restored.Voting rights activists say Ms. Moses’ lengthy sentence underscores racial disparities in the criminal justice system when it comes to voting fraud cases — especially since white men who have been charged in more straightforward instances of voting fraud have received probation or just days of imprisonment.Ms. Moses’ collision course with the justice system began when she decided she wanted to run for mayor of Memphis in the summer of 2019.Local election officials told Ms. Moses then that she could not be on the ballot because of prior felony convictions, including a 2015 conviction for tampering with evidence. That felony conviction meant Ms. Moses would never be allowed to vote again, but officials did not tell her that at the time and advised her only to check her probation status, said Bede Anyanwu, her lawyer.Ms. Moses was confused because she thought her probation was over, Mr. Anyanwu said. She still wanted to run for mayor, or at the very least vote in the upcoming election, so she went to find answers.In September 2019, a judge told Ms. Moses that she was indeed still on probation. She remained skeptical and went to the probation office, where a probation officer told her she was actually done with her felony probation, records show. The probation officer signed off on her voting rights restoration form. Ms. Moses submitted the form to election officials.Problems came one day later. The probation officer had made a mistake, and the Department of Correction sent a letter to the Shelby County Election Commission informing it that Ms. Moses was “still under an active felony sentence” and could not vote, records show.Ms. Moses was then charged with perjury on a registration form and consenting to a false entry on official election documents. The former charge was dropped, because there was no false statement from Ms. Moses on the voting form, but she was convicted of the second charge in November and sentenced Jan. 31 to six years and one day in prison.“This is a vendetta-type prosecution,” Mr. Anyanwu said on Monday. He added that Judge W. Mark Ward of Criminal Court had “acted like a bully and slammed her” with a lengthy sentence.Video of the hearing shows Ms. Moses telling Judge Ward, “All I did was try to get my rights to vote back the way the people at the election commission told me.”Judge Ward responded, “You tricked the probation department into giving you a document saying that you were off probation.”Judge Ward said in an email that he could not comment because the case was pending.Ms. Moses is currently in jail and could not be reached for comment, but she told WREG, a Memphis TV news station, in December that she “relied on the election commission because those are the people who were supposed to know what you know you’re supposed to do.”“And I found out that they didn’t know,” she said.Judge Ward said in his sentencing order that Ms. Moses seemed “to have nothing but contempt for the law and acts as though she believes herself above the law.”“Perhaps some time in custody will serve as a period of reflection that will give the defendant the insight she needs in order to be fully rehabilitated,” Judge Ward wrote. He added that he would consider placing her on probation after nine months.Amy Weirich, the Shelby County district attorney, did not respond to several calls and emails seeking an interview, but she said in a news release that Ms. Moses had 16 prior criminal convictions, including misdemeanor counts from 2015 of perjury, stalking and theft under $500.In the hearing, Ms. Moses said that she did not commit those crimes and pleaded guilty only to avoid jail time, according to the judge’s sentencing order. Mr. Anyanwu said she was also struggling financially at the time and could not afford to pay for a lawyer.Ms. Moses voted in at least six elections between 2015 and 2018, after she had been convicted of a felony, according to the sentencing orderBecause Ms. Moses was registered to vote before being convicted of a felony in 2015, a court clerk was supposed to notify election officials, who would remove her from voting rolls after the convictions.But that did not happen, according to a letter sent by the Shelby County Election Commission to Ms. Weirich, the district attorney, on Aug. 8, 2020. The letter shows that election officials acknowledged the error, writing that the conviction notice for Ms. Moses “was not sent to the election commission by the court.”Under Tennessee law, people convicted of certain felonies, including tampering with evidence, lose their voting rights forever, a measure that has drawn criticism from voting rights activists.“Instead of welcoming people in, we are perpetually shutting them out, making it harder to vote, and in this instance, criminalizing their efforts to become active and civically engaged members of our society,” Janai Nelson, the associate director-counsel of the NAACP Legal Defense Fund, said on Monday.Blair Bowie, a lawyer with the Campaign Legal Center who has been assisting Ms. Moses and Mr. Anyanwu with the case since October, said on Monday that Tennessee’s complex voting laws had a “disparate impact on Black people.” The NAACP Legal Defense Fund echoed that sentiment, saying on Twitter that “there are two criminal justice systems in America.”In October, Donald Kirk Hartle, a white Republican voter, was charged with two counts of voter fraud in Las Vegas after he forged his dead wife’s signature to vote with her ballot. He was sentenced in November to one year of probation, The Reno Gazette Journal reported.Edward Snodgrass, a white Republican official in Ohio, forged his dead father’s signature on an absentee ballot in 2020 and was charged with illegal voting, NBC News reported. As part of a plea agreement, he served three days in jail last year, The Delaware Gazette reported.Ms. Nelson compared Ms. Moses’ case to the cases of Hervis Rogers of Houston, a 62-year-old Black man who was charged with voting illegally while he was still on parole and faced up to 40 years in prison, and Crystal Mason, a Black woman in Tarrant County, Texas, who was sentenced to five years in prison for illegal voting, despite insisting that she did not know she was ineligible to vote as a felon on probation.Mr. Anyanwu said Ms. Moses planned to appeal the judge’s sentencing.Judge Ward said in his order that Ms. Moses should have listened to the first judge who told her in 2019 that she was indeed still on probation.Mr. Anyanwu disagreed.“It was the probation department that gave the letter that she had expired her sentence, so she’ll be prosecuted for a mistake that was made by the state,” he said. More