Commentary: In California, all eligible voters, including those incarcerated, should be able to vote

As Californians on parole prepare to vote in a presidential election for the first time, we have a pivotal moment to affirm our commitment to democracy. Every citizen should have the right to vote, regardless of their circumstances — including their involvement in the criminal-legal system.

Yet, despite California’s reputation as a beacon of democracy, over 97,000 voting-age residents still cannot vote while serving a prison term for a felony conviction in any state, federal or local facility thanks to the state’s constitution. But thanks to the recent passage of Assembly Bill 544, authored by Asm. Isaac Bryan, D-Culver City, California now has the chance to take a step toward ensuring that every citizen can fully participate in shaping our state’s future.

Black Californians make up only 5% of the state’s general population, but they account for 28% of individuals incarcerated in state prisons. They are incarcerated in state prisons at nine times the rate of white Californians, and Latino Californians are also disproportionately incarcerated in prisons, at twice the rate of white Californians.

Because people of color are more likely to be convicted on felony charges, and are more likely to be banned from voting as a result, disenfranchisement tacitly undermines the very principles of democracy, by diluting the voting power of these communities.

At Initiate Justice, we are working hard alongside community partners to ensure Californians reflect on how such punitive measures disproportionately impact our communities of color and to make substantive policy changes to end justice-involved disenfranchisement.

AB 544 is a first step toward dismantling disenfranchisement.

The bill would expand voting access to people detained in county jails, who already have the right to vote but are often deprived of the opportunity to cast their ballot. This initiative provides grants to San Mateo, Santa Cruz and San Benito counties to implement in-person voting in county jails, and is a significant step toward ultimately ensuring that all eligible California voters can exercise their rights.

Jail-based polling locations have proven successful in various parts of the country, including Cook County Jail in Chicago, where voter participation surged from less than 7% to over 50% after a polling station was established in the jail. In Dallas County, Texas, the sheriff implemented jail-based voting during the May and November elections — other Texan municipalities including Harris County plan to follow this model. These examples demonstrate that when people are allowed to exercise their right to vote, they will do so.

Everyone deserves to have a say in the laws that govern their lives. Voting has been shown to lead to positive public safety outcomes for people involved in the criminal legal system. Research from The Sentencing Project indicates that voting helps keep justice-impacted individuals connected to their communities, fostering a sense of civic identity and responsibility that can help reduce recidivism.

There is also strong public support for restoring voting rights to people involved in the criminal legal system. Polls indicate that a majority of Californians believe that people who have served their prison sentences should be allowed to vote. This reflects a growing recognition that disenfranchisement is an outdated and unjust practice that does not align with our values of fairness and inclusion.

As a supposedly progressive leader, California has a lot of work to do in the criminal-legal space. AB 544 is a crucial step toward ensuring that all eligible voters, including those detained in jails, can participate in our democracy. Gov. Gavin Newsom must sign this critical legislation so we can begin to rectify the racial and economic injustices that have long plagued our voting system and help build a more inclusive and equitable society.

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(Antoinette Ratcliffe is the executive director of Initiate Justice, a California based nonprofit dedicated to ending incarceration in California and implementing just reforms through organizing led by justice-impacted people.)

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