Opinion: Conklin bill would result in unjust outcomes, set bad precedent
Recently, State Rep. Scott Conklin, D-Rush Township, asked the Ferguson Township board, Patton Township board, and State College Borough Council to pass resolutions supporting the passage of H.B. 2596. Ferguson Township’s board voted the resolution down 5-0 and the borough council has declined to vote on it at all. H.B. 2596 puts forward a constitutional amendment that would deny anyone convicted of a misdemeanor domestic violence charge of holding elected office. While appearing well-intentioned, 2596 would result in unjust outcomes, set bad precedent in our democracy, and do nothing substantive for survivors or for anyone’s restoration.
Previously on this opinion page, local elected officials Tierra Williams and Divine Lipscomb explained how the amendment will disproportionately and negatively impact Black, minority, and poor individuals and communities. Its proponents have brushed these serious issues aside. Conklin has taken to Twitter to insinuate that local elected officials who ask serious questions actually side with abusers and somehow abandoned their morality. This belies everything every single person has stated in public regarding H.B. 2596, including me at a July borough council meeting.
I cannot speak for Williams, Lipscomb, nor their respective board or council, but I will be clear on two accounts for myself. First, domestic abuse is serious. Victims and survivors deserve comprehensive and integrative approaches that reduce abuse and ameliorate its impacts across their lifespans. It also demands that we hold abusers accountable while affording them the possibility of restoration. Having examined H.B. 2596 with other elected officials, with advocates, and with survivors themselves, I have concluded that H.B. 2596 does none of these things. Second, Conklin and his outreach staff should not be punching down at local elected officials who ask serious questions on behalf of their constituents, survivors included.
At the June 21 Ferguson meeting, H.B. 2596’s proponent alleged that some unnumbered and unnamed set of officeholders would be outed by this amendment and unable to serve. They declined to name who these people are. They assured the board that lawyers had found people in some office somewhere with records. If the information is publicly available — even if it is difficult to find — then why not simply release arrest records, court arraignments, sentencing, and other information to allow local voters to decide? Why take the frankly bizarre and burdensome step of modifying the Constitution to keep people convicted of misdemeanors from holding office?
As many more of us awaken to how unjust and cruel our institutions have been, we have sought better pathways for justice. Through restorative justice practices, we have opportunities to respond to wrongdoing by repairing harm, by supporting positive relationships, and addressing the root causes of the crime, including crimes of domestic abuse. None of us should wear rose tinted glasses regarding abusers. Reforming their behavior is very hard as many of them are caught in their own cycles of abuse, addiction, trauma and bad decision-making. It is difficult in all situations and hopeless in others. But I have hope for some cases for good reason.
I am in a program of recovery. Every day, I meet with people who perform a miracle. They commit themselves to practicing a rigorous way of life that demands honesty, openness and willingness as well as grace, courage and compassion. Every one of us has harmed someone. I would wager that many are un-convicted criminals. Some have been convicted. No matter how far they have fallen, their lives can teach us something. Some of them would be honors to serve with.
I hope Rep. Conklin listens to the people who criticized this bill. As fellow elected officials, we take our positions seriously, keeping our constituents’ welfare in our hearts and minds. We use our experiences to guide us. That experience tells me we need to protect the right of voters to use the truth to exercise their judgment about candidates. At the same time, we are called to work together to prevent abuse and create a culture of care, compassion and justice.