WEBVTT OF FACT" FROM NEW YORK CITY. THERE WAS A LOT OF FOCUS ON VOTER DIS-ENFRANCHISEMENT DURING THE MIDTERM ELECTIONS. BUT IN FLORIDA, VOTERS APPROVED A CHANGE TO THE STATE CONSTITUTION TO RESTORE TH VOTING RIGHTS OF NEARLY 1.5 MILLION PEOPLE WITH PAST FELONY CONVICTION FLORIDA WAS ONE OF THREE STATES THAT PERMANENTLY STRIPPED FELONS OF THEIR VOTING RIGHTS. THE OTHERS ARE KENTUCKY AND IOWA. BUT FLORIDA HAD WHAT LEGAL EXPERTS SAY WAS ONE OF THE MOST POLICIES IN THE COUNTRY. MARLON PETERSON IS A FORMER CONVICT WHO WAS INCARCERATED FOR 10 YEARS FOR HIS ROLE IN ROBBERY THAT LEFT TWO PEOPLE DEAD IN NEW YORK. SINCE HIS RELEASE HE'S BECOME AN ACTIVIST HE JOINS COLUMBIA LAW PROFESSOR BERNARD HARCOURT. SOLEDAD: MARLIN PETERSON AND PROFESSOR HARCOURT, SO NICE TO HAVE YOU WITH ME. MARLIN, LET'S START WITH YOU. WHEN DID YOU DECIDE TO BECOME AN ACTIVIST AROUND THIS ISSUE? >> I DON'T KNOW IF IT WAS A DECISION -- A CONSTANT DECISION -- I JUST SORT OF CAME INTO THAT. WHEN I CAME HOME IN 2009, I WAS FULLY HEAVILY INVOLVED WITH WORK AROUND YOUNG PEOPLE, PARTICULARLY AROUND INTERESTED IMMIGRATION JUSTICE, WHICH HADN'T REALLY BECOME A BIG ISSUE AS IT HAS AS IT IS NOW. I THINK THAT'S PART OF A LOT OF ANGER THAT'S LEFT OUT, ABOUT HOW PEOPLE WITH CONVICTIONS CAN IMPACT OUR COMMUNITIES AND ELECTORAL POLITICS. SOLEDAD: THEY'VE BEEN STRUGGLING WITH THIS ISSUE FOR A LONG TIME I MEAN, LITERALLY SOME HAD BEEN WORKING ON IT IN TERMS OF LAWSUITS FOR MORE THAN A DECADE. WHAT DO YOU THINK WAS THE THING THE DIFFERENCE THIS TIME AROUND? >> OH, ACTIVISM. WITHOUT QUESTION, I THINK IT MADE THE DIFFERENCE. THERE WERE FOLKS ON THE GROUND WHO WERE ON AMENDMENT 4 WHO ON THE GROUND INCARCERATED FOR AND DOESN'T NEED WHEN THE PEOPLE LEAVE IS THEIR DREAM DEFENDERS THERE ARE FOLKS WHO WERE ON THE GROUND IN COMMUNITY ORGANIZING MAKING PEOPLE AWARE THAT THIS IS AN ISSUE. SOLEDAD: WHEN DID THE ISSUE REALLY START, PROFESSOR? IT AS A VERY MODERN-DAY ISSU BUT ACTUALLY IT'S CIVIL WAR EVERYA KIND OF. >> IT GOES BACK. I MEAN, IF YOU LOOK AT THE STATE OF ALABAMA, FOR INSTANCE, THEY ENACTED DISENFRANCHISEMENT LAWS IN FACT, THE UNITED STATES SUPREME COURT, IN A CASE IN 1985, HUNTER VS. ALABAMA BASICALLY HELD THAT THIS WAS A REHNQUIST DECISION. SO IN JUSTICE REHNQUIST, WHO WAS NOT EXACTLY A LIBERAL AT T TIME, HELD THAT IT WAS INTENTIONAL DISCRIMINATION WHEN THEY IMPLEMENTED THE DISENFRANCHISEMENT RULES IN 1901. SOLEDAD: THERE ARE PLENTY OF PEOPLE WOULD SAY, HEY, LISTEN, YOU WERE A FELON. THIS IS THE PRICE TO PAY FOR COMMITTING A HEINOUS CRIME THAT PUT YOU BEHIND BARS. >> WHEN PEOPLE SAY THAT -- OFFER THAT COMMENT ABOUT YOU DON'T DESERVE THE RIGHT TO VOTE FOLKS WHO AR FORMERLY INCARCERATED PA TAXES, THEY CARE ABOUT THEIR COMMUNITIES. WE SHOULD HAVE A RIGHT TO PARTICIPATE AND PARTICIPATE IN IT FULLY. SOLEDAD: SO HOW MUCH DO YOU EXPECT THE ELECTORATE WILL GROW IN THE STATE OF FLORIDA? AND I GUESS WHICH DIRECTION WI IT GROW? >> RIGHT. SO THE ESTIMATES RANGE -- THE HIGH ESTIMATES ARE ABOUT ONE MILLION FOUR PERSONS WHO WILL REGAIN THEIR RIGHT TO VOTE. AROUND 800,000, I THINK. SO IT'S SOMEWHERE IN THAT BLOC SOLEDAD: SO RACE UNDERPINS A LOT OF THIS ENTIRE CONVERSATION, MORE FELONS IN FLORIDA ARE EX-FELONS IN FLORIDA ARE WHIT 70%, RIGHT? SO IT ACTUALLY HELPS THE WHITE EX--FELONS. >> YEAH, YEAH. SO THE HISTORY, YOU KNOW, HAS CHANGED OVER TIME WITH MASS INCARCERATION IN THIS COUNTRY, WHICH PREDOMINANTLY AFFECTED AFRICAN- AMERICAN AND HISPANIC POPULATIONS, BUT ALSO IT'S MASS INCARCERATION, WHICH MEANS THAT THERE ARE A LOT OF PEOPLE WHO GOT LOCKED UP. I MEAN, YOU GOT 2.2 MILLION AMERICANS BEHIND BARS RIGHT NOW. IT'S JUST, IT'S AN ENORMOUS MASSIVE QUANTITY AS A RESULT THERE ARE ALSO A LOT OF WHIT AMERICANS WHO GET CAUGHT UP IN THIS. ARE THAT IT'S APPROXIMATELY 70% WHITE AND 30% NON WHIT >> THIS IS A NATIONAL ISSUE. THE 6.1 MILLION PEOPLE IN THIS COUNTRY WHO CAN'T VOTE BECAUSE OF CONVICTION, AND IF YOU WERE ABLE TO PUT PEOPLE BACK ONTO THE VOTER BLOCKS, REALLY IF THEY COMPLETE A SENTENCE THAT PUT 4.7 MILLION PEOPLE BACK INTO THE ELECTORAL POLITICS. >> WE WANT TO BE INVOLVED WITH THE ELECTORAL PROCES I THINK, YOU KNOW, TO ANSWER THAT QUESTION WHETHER WE WILL VOTE