Attorney General Rob McKenna and Secretary of State Sam Reed are asking the 9th Circuit Court of Appeals to suspend a ruling that Washington must allow felons to register to vote while still serving their sentence. The hold would maintain the status quo — a ban on voting by felons in prison or on community supervision — while the state attempts to overturn the decision in the U.S. Supreme Court.

Jeff Even, deputy solicitor general representing Reed, the governor and the prison system in this case, filed paperwork with the appeals court, which covers the Western states and is based in San Francisco.  He said attorneys for the felons do not oppose the move.

The 9th Circuit, in a 2-1 ruling by a three-judge panel, ruled a week ago that the state’s ban violates the federal Voting Rights Act.  The court, which overturned the U.S. District Court in Spokane, said the state’s criminal justice system incarcerates a disproportionate number of minorities, and that the automatic ban on voting violates those individuals’  rights.

McKenna, Reed and Governor Gregoire are united in the effort to gain a hearing of the U.S. Supreme Court.  The state has until mid-April to file its brief, and McKenna said many of the 47 other states with a similar ban are expected to support Washington’s position.  If the court takes the case, it probably would be heard in the fall term.