VOTING WHILE INCARCERATED
VWI
A Tool Kit for Advocates Seeking to Register, and Facilitate Voting by, Eligible People in Jail Voting While Incarcerated An ACLU/Right to Vote Report
VWI: VOTING WHILE INCARCERATED A Tool Kit for Voting Rights Advocates
Published September 2005
THE AMERICAN CIVIL LIBERTIES UNION is the nation’s premier guardian of liberty, working daily in courts, leg- islatures and communities to defend and preserve the individual rights and freedoms guaranteed by the Constitution and the laws of the United States.
RIGHT TO VOTE is a coalition of six national civil-rights and public-interest organizations: the American Civil Liberties Union, Brennan Center for Justice at the New York University School of Law, Demos, Mexican American Legal Defense and Educational Fund, NAACP Legal Defense and Educational Fund, and The Sentencing Project. These groups came together in 2002 to work collaboratively to end felony disfranchisement through research, public education, voter reg- istration and litigation. While the Campaign’s principal focus is on de jure disfranchisement, or disfranchisement based on state statutes and constitutional law, the campaign also works to redress issues arising out of what may be called ‘de facto disfranchisement’. De facto disfranchisement includes faulty policies and practices that result in the disfranchisement of citizens who are eligible to vote, including those in jail pending trial, or serving a sentence for a misdemeanor or a non-disfranchising felony. The campaign seeks to broaden discussion of the issue and promote re- enfranchisement nationwide, through its support of work in Alabama, Connecticut, Florida, Maryland, Mississippi, New York, Rhode Island, Texas and across the country. The coalition’s partners in this work include the Alabama Alliance to Restore the Vote, Democracy Works, Florida Rights Restoration Coalition, Maryland Voting Rights Restoration Coalition, Mississippi Voter Empowerment Coalition, New York Unlock the Block Campaign, Rhode Island Right to Vote Campaign and Texas Unlock Your Vote Campaign. For further information, please visit: http://www.right- tovote.org/ www.righttovote.org.
ACKNOWLEDGMENTS This tool kit was drafted by Laleh Ispahani of the ACLU and Tricia Forbes, a consultant to the Right to Vote campaign. Special thanks to those who provided information and comments, including Marc Mauer, Deborah Goldberg, Ludovic Blain, Rachael Devaney, Jody Kent, Ryan Haygood, Norris Henderson, Charlie Sullivan, Rosa Goldberg, John Lieb, Wilfredo Rojas, Malik Aziz, Molly Wieser, Dorsey Nunn, Derrick Johnson, Dan Salvin and Elton Edwards. This tool kit is the responsibility of the authors. The Right to Vote Campaign gratefully acknowledges the generous support for its felony disfranchisement work pro- vided by the Carnegie Corporation of New York and the Tides Foundation (with funds from the Ford Foundation, JEHT Foundation, Open Society Institute, and the Sandler Family Supporting Foundation).
161 Avenue of the Americas, 12th Fl. New York, NY 10013 National Office www.righttovote.org 125 Broad Street, 18th Fl. New York, NY 10004-2400 (212) 549-2500 www.aclu.org
OFFICERS AND DIRECTORS Nadine Strossen, President Anthony D. Romero, Executive Director Richard Zacks, Treasurer Voting While Incarcerated
Table Of Contents Preface ...... i Important Terms and Definitions ...... ii What’s the Difference between Jail and Prison? ...... iii Introduction ...... 1 Issues to Address with Your Local Election Agency ...... 3 Issues to Address with Your Local Jail Officials ...... 5 VWI Models ...... 6 Voter Registration ...... 6 Voting from Jail ...... 8 Strategies for Success ...... 10 Profiles: ...... 12 Baltimore, Md...... 12 Cleveland, Ohio ...... 15 Los Angeles, Calif...... 19 New Orleans, La...... 22 Philadelphia, Penn...... 25 Pike County, Miss...... 28 Washington, D.C...... 30 Resources: ...... 33 The Help American Vote Act (HAVA) ...... 33 The Law in Your State ...... 34 Voter Registration Contacts by State ...... 41 Chief State Elections Officers ...... 47 State Voter Registration Deadlines ...... 48 Jail Census Data by State ...... 51 Article: Pretrial Detainees’ Law Suit in Hawaii ...... 52 VWI Model Materials: ...... 54 From Cleveland, Ohio: ...... 54 Fact Sheet for Advocates ...... 54 Ohio Statute Flyer ...... 55 Talking Points ...... 56 From the NAACP: ...... 57 Your Vote Does Count! Flyer ...... 57 From Los Angeles, California: ...... 58 Guide to Inmate Voting ...... 58 From Philadelphia, Penn.: ...... 60 Jail-Based Voter Registration and Education ...... 60 Program Brochure ...... 61 From Washington, D.C.: ...... 62 The FAIR Way to Vote in Jail Flyer ...... 62 An ACLU/Right to Vote Report PREFACE
oting has a special place in our democracy, and if an individual is eligible to vote, whether Vconfined in a jail or not, that right must be honored. As the Supreme Court noted in the 1964 case, Reynolds v. Sims:
Undoubtedly, the right of suffrage is a fundamental matter in a free and democrat- ic society. Especially since the right to exercise the franchise in a free and unim- paired manner is preservative of other basic civil and political rights, any alleged infringement of the right of citizens to vote must be carefully and meticulously scrutinized....
There is, however, a misconception on the part of some jail officials and local election authorities that people detained in jail cannot vote, and there are few programs that make it possible for detainees to exercise their right to do so. Detainees themselves often do not realize they can vote, and the logistical considerations of registering and/or voting from jail can make it extremely dif- ficult.
Some states and cities are making attempts to rectify this matter. The Illinois legislature just approved a law stating that confinement and detention in a jail pending trial was not a disqualifi- cation from voting. And San Francisco's Department of Elections is taking steps to inform people in jail that they are eligible to vote as a way to increase voter registration while honoring inmates' right to vote. The public education campaign will include providing registration cards and absen- tee ballots to people in local jails.
As someone who has been integrally involved in the elections process in Pike County, Mississippi for nine years, I encourage advocates to work with corrections and elections officials to make vot- ing possible for those eligible but confined. We disfranchise nearly 5 million people for felony convictions, but there are, at any given time, over 750,000 people who though detained in our nation's jails are eligible to vote. Most are being held pretrial or serving sentences for misde- meanors or non-disfranchising felonies.
Voting also allows people to remain connected to their community while they are detained in jail. In the opinion of the American Correctional Association, voting is also a way to facilitate effec- tive re-entry. As Wilfredo Rojas of the Philadelphia jail system puts it: "In corrections, we're in the business of public safety, and in the interest of public safety, we want to strengthen the ties between detained people and their communities. One of the best tools for this is the ballot box."
— Lexie Elmore
LEXIE ELMORE was elected to the Pike County Board of Supervisors in 1992 and is the first African American and woman to hold the position. She is responsible for enacting policies and set- ting the budget for Pike County, Miss. She represents District 2 and is now serving her fourth term.
i Voting While Incarcerated Important Terms and Definitions Disfranchise: To deprive a person of the rights of Formerly Incarcerated Person/Person with a citizenship, especially the right to vote. Felony Conviction: Acceptable alternatives for the terms “ex-offender” and “ex-felon,” used to convey Felony: Every state has its own statutory definition that someone whose life has been impacted by the of a felony, but most are consistent with the federal criminal justice system is first and foremost a person. definition of a felony as a crime that carries a sen- tence of imprisonment for more than one year. Jail: A place under the jurisdiction of a local gov- ernment for the confinement of people awaiting Felony Disfranchisement: The loss of the right to trial, or those convicted of minor crimes for which vote because of a felony conviction. they are serving short sentences.2 Most people in jail are eligible to vote. Get-out-the-vote: Activity that consists of contact- ing registered voters by telephone, in person, or by Local Election Agency: The agency that adminis- other individualized means, to assist them in engag- ters elections at the local level. It may be called a ing in the act of voting.1 Board of Elections, a Board of Registrars, an Election Commission, or another name, depending on the state. Fast Facts on the U.S. Jail Population Locality: The locality covered by a Local Election • One third of the incarcerated population in the U.S. Agency is often a county, but it may be a parish, a town, is held in local jails. or other geographic region, depending on the state. • On June 30, 2004, there were 713,990 people in U.S. jails. Parole: The release of a person under certain ongo- ing conditions after serving a prison sentence. • There are approximately 3,365 local jails in the U.S. Prison: A place of confinement for people convict- • The number of people in jail rose by 22,689 (3.9%) ed of felonies.3 People in prison have been tried and between June 30, 2003 and June 30, 2004. convicted of a crime. People in prison generally are ineligible to vote, except those incarcerated in • 6 of 10 people in local jails are members of racial or Maine and Vermont. ethnic minorities.
• African Americans are 5 times more likely than Probation: Probation is a sentence ordered by a whites, and almost twice as likely as Latinos, to be in judge. Probation is usually an alternative to serving jail. time in prison. It allows a convicted person to remain in the community, often under the supervi- • Nearly 9 of 10 people detained in jail are adult men. sion of a probation officer.
• The nation’s 50 largest jail jurisdictions house 1/3 of In-Person Absentee Voting: This generally refers all people detained in jail. to the process of a detained person requesting an absentee ballot, and local election agency staff or • The states with the largest jail populations are: California, Florida, Texas, Georgia, Ohio, Pennsylvania, volunteers visiting the jail to deliver and/or help the and Tennessee. detainee complete the ballot. 1 Federal Elections Commission definition. 2 Merriam-Webster Online, www.merriam-webster.com/cgi- Source: Bureau of Justice Statistics, Bulletin, Prison and bin/dictionary?jail Jail Inmates at Midyear 2004 (April 2005). 3 Merriam-Webster Online, www.meriam-webster.com/cgi- bin/dictionary?prison
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What’s the Difference Between Jails and Prisons?
Many people confuse jails and prisons, but they are not the same:
A jail is a place under the jurisdiction of a local govern- ment for the confinement of people awaiting trial or those convicted of minor crimes, usually serving sentences of one year or less.
A prison is the term used to describe federal or state insti- tutions housing primarily convicted felons, serving sen- tences of more than one year.
People in prison generally are not able to vote, unless they are incarcerated in Maine or Vermont. People in jail who are awaiting trial or serving time for misdemeanors or non-disfranchising felonies are able to vote in every state. (The exceptions are if (1) they have a prior felony conviction in a state that permanently disfranchises peo- ple convicted of felonies, and (2) they are on probation or parole for a felony conviction in a state that does not reinstate the right to vote until probation and parole are completed.)
iii Voting While Incarcerated An ACLU/Right to Vote Report
VWI: VOTING WHILE INCARCERATED A Tool Kit for Voting Rights Advocates
Introduction
WHY FOCUS ON JAILS? At midyear 2004, there were close to 714,000 Americans were five times more likely than people detained in our nation’s jails. Most were whites and almost three times more likely than being held under pretrial detention or serving Latinos to be in jail. time for misdemeanors or for non-disfranchis- ing felonies, and the majority were eligible to The United States has a long history of deliber- register and vote. ately denying people of color the right to partici- pate in the democratic process by voting. Even Most states disfranchise people with felony after the Fifteenth Amendment was ratified in convictions for at least some period of time— 1870 guaranteeing all (male) citizens the right to while they are serving their sentence in prison vote regardless of race or nationality, many states (in all states except Maine and Vermont), and continued to create obstacles such as literacy often while they are on probation or parole as tests and poll taxes to deter African Americans well. Several states indefinitely disfranchise and other people of color from voting. people with felony convictions, but Alabama and Mississippi permit some felons to vote. Although the Voting Rights Act of 1965 made (See “The Law in Your State,” page 34.) these practices illegal, most states employ felony disfranchisement laws that effectively However, people detained in jail who are await- silence large numbers of voters of color, espe- ing trial or are serving time for a misdemeanor cially African-American men, according to The or a non-disfranchising felony have the right to Sentencing Project. These figures are estimates vote in every state. This is at least theoretically as of August 2005: true. And this is where advocacy efforts come in. But there is a hidden population of over According to the U.S. Bureau of Justice 700,000 people in our jails who are dispropor- Statistics, more than half the people in jail in tionately poor and of color who are eligible to 2004 were racial or ethnic minorities. African vote now. Pretrial detainees in jail are usually
Felons Ex-felons African Americans Veterans Women Disfranchised Disfranchised* Disfranchised Disfranchised Disfranchised
4.7 million 1.7 million 1.4 million 585,355 676,730
* Those who have fully completed their felony sentences.
1 Voting While Incarcerated there only because they cannot afford bail. eligible people can vote from jail. The act of People with financial resources are able to post registration is important in and of itself, but bail and are therefore able to vote freely out- there must be follow-up to ensure that people side the jailhouse walls that contain the poor. also have the opportunity to exercise the right Another reason to focus on jail systems is that to vote. while state elected officials determine who is and isn't eligible to vote in each state, with the There are many ways to approach this work, authority to enact or repeal felony disfranchise- and the method you choose should be based ment laws, local officials (often county execu- on the unique set of circumstances that pre- tives or mayors and their appointed administra- vail in your community. We have included tors) control jail systems. Local elected offi- models with step-by-step instructions and cials have influence over local election boards. sample materials you can use to create educa- Where state officials refuse to take action, local tional flyers and other relevant items. To give corrections and elections officials may be inter- these models some context, we offer profiles ested in ensuring that all eligible residents in of jail-based voter registration and get-out- their jurisdiction, including people in jail, are the-vote efforts in seven localities across the registered and provided the opportunity to cast country. a ballot. The San Francisco Department of Elections, for example, is taking steps to We encourage you to try to institutionalize inform people in jail (and those who have your efforts to the extent possible by serving as completed their sentences) that they are eligi- a bridge between jail officials and local elec- ble to vote under California law. The director tion agencies, and by remaining involved to has implemented the plan as a way to increase monitor the process, rather than expending voter registration while honoring inmates' right your valuable time and resources to do all the to vote. The department's informational cam- work yourselves. Institutionalizing programs paign includes a useful Web page on “Inmate will also ensure that the rights of people in Voting”: see http://www.sfgov.org/site/elec- jail to register and vote are not contingent on tion_index.asp?id=33704. one or two local officials. It is entirely pos- sible that you could have an excellent rela- Local elected officials may also control other tionship with one warden, only to be out of corrections agencies, including probation luck and have the program shut down if the offices. Many of the recommendations in this warden is succeeded by a less cooperative tool kit with respect to the institutionalization individual. of jail-based voter education and registration also apply to probation and other corrections Where possible, voter activities in jails should agencies. be led by, or at least have meaningful partici- pation of, formerly incarcerated people. HOW THIS TOOL KIT CAN HELP Disfranchised people must play an integral part This tool kit outlines the steps you can take to in changing the system. There is no one better implement a two-part process inside your local able to mobilize others than someone who has jails to (1) register voters, and (2) ensure that been there.
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ISSUES TO ADDRESS WITH YOUR LOCAL ELECTION AGENCY Getting Started
What is my local election agency? This is the agency that administers elections at 5. What are the consequences of an omission the local level. It may be called a Board of on the voter registration card? Elections, a Board of Registrars, an Election Commission, or another name, depending on 6. How will the LEA deal with an incarcerat- the state. ed person who cannot produce acceptable identification? How do I find it? You will find a list of each state’s voter-regis- 7. What color ink may be used on the forms? tration contact numbers and a list of each state’s chief elections officers in the resources 8. Does your state permit detainees to vote by section of this tool kit. absentee ballot? If not, you will have to get this changed because it likely violates the law How do I approach my local election by denying otherwise eligible voters their agency? right to vote. Read the profiles we have provided and devel- op a strategy for enlisting that agency’s assis- 9. Can detainees vote by absentee ballot if tance. Always be respectful, and realize that detained within their county of residence? you might have to educate agency officials about detainees’ right to vote. [See “Strategies 10. If people fill out requests for absentee bal- for Success.”] lots at the same time as they register, will they need to hold the absentee ballot requests until Important Questions their registrations are processed and they are on It is important to try to anticipate potential the voter rolls? If so, how long should that problems and to thoroughly address all of the take? variables with your local election agency (LEA) before you begin your work. The fol- 11. Will the LEA deliver absentee ballots to the lowing are examples of the kinds of questions jail? When? Can they be delivered sooner? you should ask:* 12. Is there a directory of other LEAs in the 1. What constitutes acceptable proof of identity? state, to which forms can be mailed directly?
2. Whom does your state consider “first-time 13. What does the absentee ballot packet con- voters”? tain? Is there a punch-card ballot, or one that can be filled out with a pen? If it is a punch 3. Under what circumstances does your state card, is a stylus provided? characterize registration forms as sent “by mail”? 14. What should people do if they get out of jail before their absentee ballots arrive, through 4. Must first-time voters register at the local probation or because they have completed their election agency? sentences?
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15. Are people in this state disfranchised after homeless voting registration.) conviction, or after sentencing? Are people dis- franchised if they are convicted and sentenced * Should you encounter barriers to registering to probation, but waiting (in jail) for a drug otherwise eligible people in jail, please contact treatment bed to open up? the ACLU or the Brennan Center for Justice at New York University. (See article, page 52, on 16. What address should homeless people use? a Hawaii detainee’s success in suing the state (Visit:http://www.nationalhomeless.org/vote20 when he was denied his right to vote.) See also 04 /state.html for additional information on “A Brief Explanation of HAVA,” page 33.
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ISSUES TO ADDRESS WITH YOUR LOCAL JAIL OFFICIALS Getting Started
Who are my local jail officials? Your local jail is under the jurisdiction of your 4. Can we accompany LEA staff if they bring the local government. Jail officials include sher- absentee ballots to people detained in your jail? iffs, directors of corrections, and other jail administrators. You could also enlist the help 5. Is any part of the absentee ballot packet ille- of jail funding authorities, such as your coun- gal in the jail (for example, a stylus)? How can ty commissioners, municipal councils, and we work with you to create allowances or alter- tribal governments. These are the bodies that natives? allocate resources to operate the jail.
How do I approach my local jail officials? Always be respectful and professional and take their security concerns seriously. Realize that you might have to educate them about the voting rights of people detained in jail. If you or your colleagues already have a rela- tionship with an official, use that relationship to open the dialogue. [See “Strategies for Success.]
Important Questions Here are examples of the kinds of questions you might ask:
1. Can we come into the jail ourselves, as vol- unteers? Can we come as volunteers of the local election agency (LEA)?
a. If not, can we work through other educa- tion, health, or mental health service providers?
b. As a last resort, could we have jail staff distribute the forms and information?
2. Are pens allowed in the jail? Must they be of any particular kind?
3. Can we provide stamps and envelopes to peo- ple who want to mail materials in themselves?
5 Voting While Incarcerated VWI MODELS The following are • If you are there only to monitor and not to do It is important where possible to encourage a possible models for all of the work yourselves, you save valuable two-step process that use in your jail-based time and resources for other advocacy involves both: voter work. The ideal efforts.
1) Registration model, in both regis- and tration and in voting • Once the local election agency has been 2) Voting. from jail, is one that admitted to the jail to conduct voter regis-
Voter registration of is the most institu- tration drives, it will likely be able to do so people detained in jail tionalized, but it also again and again. If you get in once as an isn't of much use if must be transparent advocate, and the jail leadership changes, people aren't able to exercise their right to (in that advocates are you may have more difficulty getting in vote! allowed access, and again. can genuinely moni- tor the process). The models in each section are CONS: presented in descending order of desirability. • None, provided your access is not restrict- See the foregoing sections on “Issues to ed and you are truly able to monitor the Address with Your Local Election Agency” and process. “Issues to Address with Your Local Jail Officials” for important questions to raise as II. Advocate Registration, Assistance from you develop your plan. Also see “Strategies for Election Agency and Sheriff’s Office Success” on how to make these models work Your coalition works along with staff from for you. the local election agency and the local sher- iff’s office. Coalition representatives go in to VOTER REGISTRATION conduct the voter registration drive with detained people, with support from the LEA, I. Election Agency Registration, Advocate and representatives of the sheriff’s office are Monitoring there in person to assist with any issues that Your local election agency enters the jail to arise. See if you can bring voter registration conduct the voter registration drive and you materials and absentee ballot request forms at monitor the process to make sure detained peo- the same time. ple have access to the information and materi- als they need. (You might be able to have the PROS: agency bring registration and absentee ballot • You are able to have direct contact with request forms at the same time, so that detained people to answer their questions detainees don’t have to wait for these to be sent and make sure they have the requisite infor- to them.) mation, materials, and are there to assist with filling out registration forms and PROS: absentee ballots request forms. • This model is a good example of an institu- tionalized process in which the election • Having a connection to both the sheriff’s agency itself takes responsibility for ensur- office and the registrar’s office enhances ing the right to vote of those eligible. advocates’ credibility.
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• Making alliances with these government to, unless you have experienced detention entities can help institutionalize the practice or incarceration, especially in the facility in of jail/prison voter registration, and provides which you are working. By training opportunities to expand voter education and detained people, you are also increasing the distribution of voter material. their investment in the electoral process for the future. CONS: • Your coalition is doing the work, as opposed • You and/or local election officials are still to having the local election agency interact able to assist with the process as needed. (It and participate directly with detainees. is best to have local election officials there with you if possible to answer questions on III. Advocate Registration, Election Agency site and to avoid potential problems after Assistance the fact.) You and your volunteers go in to conduct the voter registration drive with detained people, CONS: and staff from your local election agency is • None, unless you are not allowed access to present to assist with any issues that arise. (Ask monitor the process and/or answer ques- the agency if you can bring registration and tions for detained people and ensure that absentee ballot request forms at the same time.) they have the resources and materials they need. PROS: • You are able to have direct contact with V. Advocate Registration detained people to answer their ques- You and your volunteers go in to do the voter tions and make sure they have the infor- registration drive with detained people without mation and materials they need, and you direct participation from your local election have officials on hand should problems agency. arise. PROS: • Having your local election agency involved • You still have access to the detained people in a direct and visible way lends credibility and are allowed to register them and to your effort. answer their questions.
CONS: CONS: • This is still a good model, though not as likely • You are doing the work yourselves, as as the first model to become institutionalized. opposed to having your local election agency or jail officials do it. IV. Detainee Registration, Advocate/ Election Agency Assistance • You may not have as much credibility with You train detained people to register other peo- jail officials as you would with greater ple and you and/or your local election officials participation from your local election are there to answer questions. agency.
PROS: • The likelihood of institutionalizing your • Detained people will likely be able to con- efforts decreases absent LEA and jail offi- nect with others in a way you are not able cials’ involvement.
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VI. Jail Official/Detainee Registration Neither you nor your local election agency are CONS: allowed inside to register detained people your- • None, provided your access is unrestricted selves, but you are able to convince jail offi- and you are truly able to monitor the cials to have guards and/or inmate councils or process. block reps do the registration if you give them the materials. II. In-Person Absentee Voting You and/or your local election agency deliver PROS: absentee ballots to inmates and you are there to • Detained people will at least have some monitor the process to make sure detainees access to the voter registration process. have the information and materials they need to correctly complete the ballots. CONS: • You cannot be sure that the process is PROS: being carried out in a fair way, and people • This model is a good example of an institu- may not participate if they do not have tionalized process in which the election access through you or your local election agency itself takes responsibility for ensur- officials to the information and materials ing eligible people’s right to vote. they need. • If you are there only to monitor the process VOTING FROM JAIL and not to do all of the work yourselves, you save your valuable time and resources I. The Jail Is a Designated Polling Place for other advocacy efforts. This is the way it is often done in nursing homes, when the site is designated by the • Once the local election agency is admitted local election agency as an official polling to conduct in-person absentee voting, it is place. Election officials must be there, and likely that the agency will be able to do so you should try to be there as well to monitor again and again. Even if you get in once as the process. an advocate, jail leadership could change and you may have more trouble getting PROS: access again. • This model is a good example of an institu- tionalized process in which the election CONS: agency itself takes responsibility for ensur- • None, provided your access is unrestricted ing eligible people’s right to vote. and you are truly able to monitor the process.
• If you are there only to monitor and not to III. Mail-In Absentee Voting #1 do all of the work, you conserve valuable You and/or your local election agency offi- time and resources for other advocacy cials are at the jail when the absentee ballots efforts. arrive at the jail to make sure that detained people have the information and materials • Once the local election agency designates they need to correctly complete the ballots, as the jail as an official polling place, it is like- well as the stamps and envelopes needed to ly that the LEA will be able to do so again. mail them in.
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PROS: with either detained people or jail officials so • You are able to have direct contact with they can distribute the ballots when they arrive inmates to answer their questions and make and help people complete them. sure they have the information and materi- als they need, and you have officials on PROS: hand should problems arise. • Detained people will at least have some access to the voter registration process. • It lends credibility to your effort if your local election agency is also there and is CONS: involved in a direct and visible way. • You cannot be sure that the process is being carried out in a fair way, and CONS: inmates may not participate if they do not • Many detained people do not trust the jail have access through you or your local mail system. election officials to the information and materials they need. IV. Mail-In Absentee Voting #2 Neither you nor elections officials are allowed • Many detained people do not trust the jail in, but you are able to do some kind of training mail system.
9 Voting While Incarcerated STRATEGIES FOR SUCCESS Know the Law, Educate Officials: Always arm yourself with information because better than someone who has “been there” to you may have to educate officials to convince mobilize others. them that people detained in jail have the right to vote. Detained and formerly incarcerated people will know which issues will resonate most, and can Educate Detainees: encourage skeptics to become involved in the See if you can have information on detainees’ electoral process. voting rights posted in any part of the jail or otherwise made available to them. Build Alliances: Contact your local League of Women Voters Include Formerly Incarcerated People: for help; LWVs often have good relationships If you are not a formerly incarcerated person and credibility with local election agencies. yourself, it is important to include people impacted by the criminal justice system in your Ask church groups or other voting-rights or process. Don’t underestimate the trust and criminal-justice reform advocates to support credibility factor with detained people or block your goal of voter programs within jails. The reps. When possible, work with detained peo- more people there are on board, the more ple through inmate councils. Detained and for- power you will have. merly incarcerated people must be an integral part of changing the system; there is nobody It is also helpful to seek natural allies, such as African-American mayors, sympathetic city council members, county commissioners, and Molly Wieser, formerly of the Cleveland-based sheriffs, for support. Find the officials who are Racial Fairness Project, printed up flyers contain- ing Ohio's felony disfranchisement statute, and supportive of get-out-the-vote efforts to help always had them handy. you.
In Philadelphia, John Lieb of Jewish Employment Be a Bridge: and Vocational Services (JEVS) partnered with the Bring your local election agency and your local Ex-Offenders' Association of Pennsylvania, to have jail officials together to facilitate planning the formerly incarcerated people come to his classes to talk about the importance of voting. voter program.
Have your information and agenda ready, Dorsey Nunn, a formerly incarcerated person with All of Us or None in California, says that any good and try to anticipate problems that may arise. strategy for registering people in a county jail must Use the “Issues to Address with Your Local show detained people why it is in their best interest Election Agency” and “Issues to Address to vote. with Your Local Jail Officials” included in this tool kit to make sure you address all the Derrick Johnson of the Mississippi NAACP identi- variables. fied friendly African-American sheriffs to work with him, enabling his group to pilot a program in the Pike County jail in 2002 in which almost every eligi- If you are able to have the local election agency ble detainee voted from jail. and the jail officials do the actual work and you
10 An ACLU/Right to Vote Report
You can also try to go in as extensions of your In Washington D.C., Charlie Sullivan and his CURE local election agency instead of as prison volunteers are trained by the local election agency reform or get-out-the-vote advocates: and then go in as election agency volunteers. They do not generally contact the jail officials them- selves because they have found that having a letter Use the Media: come from the very top of the election agency Use the media to draw attention to your cause. (from a person friendly to their cause) to the top If you are having trouble getting in, ask the jail official is the most effective way to gain media for help in telling your story. If you are access to the jail. successful, ask the media to praise the officials who are making it happen and give them their can monitor the processes, you save your valu- due credit. able time and resources to help institutionalize programs that will not be contingent on your Track Your Success: volunteer resources or the goodwill of a single To the greatest extent possible, track how many jail official. voters are registered, and how many of these people actually vote, to measure your success In some cases the best you might be able to do and obtain hard numbers for base-line compar- is get jail officials to let you in to do the work isons in the future. Demonstrating that detained yourselves. Maintain good relationships and people want to vote if given the opportunity is try to institutionalize the work as much as pos- important for sustaining and winning support sible in the future. for your work.
11 Voting While Incarcerated Baltimore, Md. Maryland Voting Rights Restoration Coalition THE LAW COLLABORATION The State of Maryland prohibits people cur- The program to register detainees at the rently on probation, in prison, or on parole for Baltimore City Pre-Trial Detention Center was a felony conviction from voting. In addition, spearheaded by the legal committee of the any former felon with two or more violent Maryland Voting Rights Restoration Coalition felony convictions will be prohibited from vot- (MVRRC) in collaboration with the ACLU of ing. First- and second-time non-violent felons Maryland, the Job Opportunity Task Force will have the right to vote automatically (JOTF), the local League of Women Voters restored at the end of a three-year waiting peri- (LWVMD), Maryland Regional Practitioners’ od that begins at the completion of sentence. Network for Fathers and Families, Inc. (MRP- For those with two or more violent felony con- NFF) and clinical law students from the Re- victions, the only recourse is to apply for a par- Entry of Ex-Offenders Clinic at the University don from the Governor. of Maryland Law School. The volunteers were a racially mixed group of men and women. All PARTICIPANTS volunteers and participants were certified as Voter Registration Volunteers, required by the Maryland Voting Rights Restoration Coalition: Seeks State of Maryland. (Any individual or group in to restore full voting rights to all currently disfran- chised citizens, through legislation, education, and Maryland wishing to distribute statewide voter voter registration. Their goal is to enable ex-felons to registration applications and/or assist others in regain their right to vote and fully participate in the completing these forms must be so certified. democratic process. Apply at your County Board of Elections ACLU of Maryland: Works to ensure that all people in
12 An ACLU/Right to Vote Report upheld the right of pre-trial detainees to vote. ineligible to register. Furthermore, if detainees The group followed up with phone calls, had one violent felony, there was still a three- which were returned by the jail’s public- year waiting period before they could vote affairs representative, who agreed to meet again. Detainees did a good job of determining with the group almost immediately, along their voting status, but most were disqualified with the warden. These officials were enthusi- under Maryland law because they had been astic about the project, which they sought to convicted of two or more crimes of violence in promote through discussions on a radio talk the past. The devastating effect of Maryland’s show, and to memorialize in photos. The only disfranchisement law on black men was espe- caveat they placed on volunteers was that cially clear as only 10 to 20 percent of the when inside the jail, volunteers must be (overwhelmingly African-American) men in escorted by a corrections officer. each holding area turned out to be eligible to register under Maryland law. ‘INSIDE’ CONNECTION After the meeting, and before volunteers went Those who did qualify sat around two or three to the jail to register detainees, they learned tables in each holding area, in groups of four or that a corrections officer at that facility had five, as a student or volunteer walked them been registering pre-trial detainees on his own through the registration process. Some asked for the past few years. He alone had registered simple, procedural questions that volunteers 350 pre-trial detainees over the course of the answered, like which boxes must be checked. previous two weeks. The partnership with the Following the protocol that the corrections offi- corrections officer, which was happily extend- cer had been using, volunteers kept the process ed into the future, proved to be invaluable to very simple, and within approximately six the process, and served as a great connection hours, they had registered 185 detainees to for volunteers to have on the inside. vote.
REGISTRATION BEGINS The volunteers then took the registration and On Tuesday Oct. 12, 2004, the last day for absentee ballot request forms to the Board of voter registration in Maryland before the Nov. Elections (BOE). They had previously alerted 2 national elections, the group met in the cafe- the BOE that they would be bringing these teria at the jail to discussed in detail its plan of forms so the BOE was expecting them and pro- operation; this included verification that every- ceeded to enter the forms into its system. Once one there was certified to register detainees; the BOE's system agreed that the detainee and that all had brought both registration as application was that of an eligible individual, well as absentee ballot request forms and pen- the BOE generated an absentee ballot for that cils (not pens) for detainees to use, and instruc- individual. tions in folding the completed forms. ABSENTEE VOTING TURNS INTO A The group then prepared to go level by level SECURITY RISK within the detention center. Volunteers went It had previously been decided with the jail floor by floor into detainee common rooms, officials that when the absentee ballots for eli- which consisted of cubicles with beds, and gible detainees arrived at the jail, they would announced that they were there to register vot- be collected and held for a single corrections ers. They explained the law to the detainees -- officer. Then a day was selected when all of the that those who had two violent offenses were inmates receiving absentee ballots would be
13 Voting While Incarcerated called down to a central location to complete Through careful planning with respect to them, after which the volunteers would take the pencils, delivery systems (as detainees con- ballots directly to the State Board of Elections. sider jail mail unreliable) or other details, Things did not work out that way, however. volunteers can usually avoid disruption of When volunteers returned to the detention cen- the voting process. But in this case, the most ter on the appointed day to have detainees com- significant problem was the last-minute plete their absentee ballots, jail officials declined reversal by jail officials of their promise to to let detainees come down and fill them out. allow volunteers to be present when They cited security concerns. Volunteers attrib- detainees completed the ballots, and to per- uted the change of heart to political pressure on sonally deliver them to the BOE. As a result, the jail administration, amid Republican suspi- volunteers will reconsider the aspects of the cions that these registrations were a ruse to boost process that make jail officials politically votes for the Democrats. Unfortunately, because nervous. MVRRC still believes that it is pos- of this incident, volunteers do not know the sible to institutionalize this process, as the exact number of ballots that were voted or jail administration and BOE seemed eager to returned to the BOE. put it in place.
14 An ACLU/Right to Vote Report Cleveland, Ohio The Racial Fairness Project THE LAW March 2004 primary election. For these The State of Ohio prohibits people in prison campaigns, she had the assistance of the from voting. Once individuals have completed BOE director and Cuyahoga City Warden their prison terms, the right to vote is automat- McDonough (with whom Wieser had previ- ically restored. ously collaborated) and of the League of Women Voters; these groups met frequently, HOW IT BEGAN in preparation for the jail-based registration Molly Wieser implemented a jail-based voter regis- drives. tration campaign in Cleveland's Cuyahoga County Jail. This project was administered by the Ohio Free the Vote Coalition, through which multiple partner COALITION ENHANCES AWARENESS organizations played a part. AND UNDERSTANDING Prior to the 2004 primary election, Wieser JAIL-BASED VOTER REGISTRATION began having regular monthly meetings at the BEGINS BOE, access she obtained through her mem- In 2000, Molly Wieser, then a staff attorney bership in the Executive Committee of the for Community Re-Entry, Inc. was inspired by Greater Cleveland Voter Registration requests from several of her clients and by the Coalition (GCVRC). With the support of the reputed success of a Chicago-based project in GCVRC membership, coalition members, initiating a jail-based voter registration cam- Warden McDonough and other Cuyahoga paign in Cleveland. With Chicago Legal Aid County jail officials, Wieser was able to plan for Incarcerated Mothers (CLAIM) as her voter activities, create a larger pool of aware- model, she formed collaborations with the ness for registrars and potential registrants, American Association of University Women and help foster a mutual understanding of how (AAUW) and the local League of Women the registration and election process at the jail Voters (LWV). would proceed. With the cooperation of all parties, the BOE finally agreed to the most Wieser conducted three campaigns, one in important aspect of detainee voting: to bring 2000, and two in 2003. In the 2000 campaign, absentee ballots to detainees along with the her coalition found the local Board of pens or styluses needed for voting, to oversee Elections (BOE) hesitant to become involved; voting, and then to collect the ballots and some officials could not be persuaded that other materials and bring them back to the pre-trial detainees would vote. The BOE also Board of Elections. created barriers, for example by rejecting reg- istrations that were completed in pencil, although detainees at the time had no access HELPFUL TIP to pens. Wieser advises advocates to encourage Elections Board directors to bring staff from their absentee voting and registration departments to planning In 2003, Wieser, who was by then associated meetings, and recommends writing a concise with the Racial Fairness Project, conducted memo to everyone involved to confirm agree- ments and commitments and request that they be two registration drives at county jails, for shared with staff. the 2003 general election and then for the
15 Voting While Incarcerated
VOLUNTEER RECRUITMENT AND TRAINING Volunteers were instructed in: how to conduct RFP worked with a small group of experienced themselves in the jail, what to bring, where to volunteers comprised of Wieser’s students park, the importance of being on time so that a from Case Western Reserve University Law guard could escort the entire group at one time, School, and from Case’s graduate social work and how to fill out voter-registration and absen- and other local academic programs, as well as tee-ballot request forms. They were also fully from black fraternities and sororities, and a briefed on people’s voting rights (in theory and local church. The coalition circulated informa- in practice) and on the logistics of disfran- tion about its planned voter drive and training chisement and re-enfranchisement in jail. opportunities on local activist List-Servs and in a hipster online arts and entertainment DETAINEES AND EX-FELONS PARTICIPATE newsweekly. For the 2003 General Election, Wieser was able to hire a formerly incarcerated person as an out- Ten to 12 weeks before the voter registration reach worker to register people at the jail and to deadline, training dates and slots were posted conduct community-based education. County and sign-ups began. Six to eight weeks before jail detainees were occasionally permitted (by the voter registration deadline, two-hour train- the jail administration) to volunteer alongside ings were held for interested volunteers. others who were registering inmates. Formerly These were conducted in a training room incarcerated people staffed tables at community inside the jail, where groups of up to 30 fairs, and assisted in interviewing other former- prospective volunteers learned where they ly incarcerated people about their voting-rights would be meeting and working on official reg- knowledge and voting histories. Formerly incar- istration days. cerated people also participated on the GCVRC steering committee, and engaged in re-enfran- PARTNERS chisement work. RFP provided thousands of pieces of re-enfranchisement literature for com- Racial Fairness Project: Pursues racial and ethnic munity use in voter education, and formerly justice through education, advocacy, and the incarcerated people were consistently among the empowerment of communities and institutions. most interested in distributing it. Greater Cleveland Voter Registration Coalition: Aims to register as many new voters as possible in PROCESS AND TIMELINE the Greater Cleveland area, to make them aware of issues and candidates on the ballot in each election, The volunteers would enter the jail as a group and to mobilize them to actually vote on election escorted by correctional officers. Each group of day. GCVRC focuses on involving historically under- two to four registrars had a binder of informa- represented population groups in the electoral process. tion, including the relevant statutes, addresses for the use of homeless people, forms, FAQ’s The League of Women Voters, Cleveland: In its pro- from the Board of Elections and secretary of gram and voter services, the LWV works to promote responsibility through informed and active citizen state, and copies of a zip-code directory from the participation in government and to advocate on pub- phone book (for people who could not remem- lic policy. The LWV also helped the Cleveland coali- ber their zip codes). The most experienced per- tion by participating in key meetings and providing thousands of Candidates Guides that people in the son from each group, usually a staff person or jail were able to study carefully before voting. seasoned volunteer, entered a living unit of League members had a long history of interaction about 50 people and announced an invitation to and influence with the Board of Elections, contribut- ing to the coalition's credibility. register, which often led to a dialogue about felony disfranchisement and voting rights.
16 An ACLU/Right to Vote Report
Forms were given to everyone in the living cases, just because it was something to do. unit; each received a voter registration form, Wieser believed that some detainees who did- absentee-ballot request form, and a postcard n’t register were not persuaded by the discus- reiterating information about the voting sion or didn’t think their votes mattered. Others rights of formerly incarcerated people and couldn’t register because they’d already been pre-trial detainees. Interested people were convicted, or because they weren’t in the living invited to join the volunteers in an adjacent unit when the volunteers were there. room so that questions could be answered and pens could be used to register. (All pens, Although not everyone wanted to register, except special flexible pens purchased from everyone got the forms along with some edu- the jail, are contraband.) cational literature about re-enfranchisement in case they changed their minds. Most people Cuyahoga County Jail had 1,700 to 1,900 who wanted to register did so with the help of detainees, and it took volunteers four to six volunteers, rather than on their own, because weeks to register interested voters, working they didn’t have pens or stamps to mail forms about three two-hour shifts, six days per week. in with, didn’t trust jail mail, or needed clarifi- Registration would begin six weeks before the cation about voting rights or absentee ballot deadline. Each day was divided into three two- voting. Volunteers, who offered to return to col- hour time slots because the jail had to stop lect the forms, left additional ones with the activities at designated intervals to count the jail’s social work staff. population and serve meals. Each team had a leader, whose responsibility it was to address Jail officials also permitted posters or flyers the detainees about voting rights and invite about voting rights to be posted in each living them to register. unit of the jail. This made a significant differ- ence in the level of knowledge in the jail about Registration forms were turned in to the BOE voting rights. Obstacles to registering and vot- on a nearly daily basis, after being copied or ing, such as lack of access to pens and scanned so that the Racial Fairness Project envelopes, had to be addressed on a case-by- could track its work. Forms were quickly case basis. checked after people completed them, and then checked again during slower times, before vol- NOTABLE PROBLEMS unteers left the jail, so that problems could be In 2000, a major issue was that ballots were addressed. They were checked yet again before mailed and directly delivered to detainees with they were copied at the office. There were the illegal metal styluses in the envelopes --nei- always problems, and volunteers were pre- ther the jail administration nor Wieser knew pared to go back to the jail with the requisite they were there. Although people voted, it was forms as soon as possible to locate those indi- not long afterwards that jail administration viduals to correctly complete them. realized that there were styluses in the jail, and they conducted an invasive shakedown. RESPONSE IN THE JAIL About a quarter of all detained people regis- SOLUTIONS tered during the general election. They regis- In 2003, RFP prevented a recurrence of this tered for various reasons: because they were problem by personally delivering ballots to pleased to learn that they could vote and moti- detainees after they arrived at the jail, and col- vated by the opportunity to do so or, in some lecting the styluses after they voted. However,
17 Voting While Incarcerated the BOE eventually objected, citing the poten- stamps needed to use the ballot or because tial for election fraud. In the 2004 primary, as a the ballots would come with a metal stylus, result of negotiations between Wieser and which would constitute contraband. For the Board officials, the BOE personally delivered next election (general 2004), RFP volunteers the ballots to the detainees, treating the jail as a planned to accompany the BOE officials polling place (as is commonly done in nursing delivering the ballots to monitor that the best homes), sending both Democrats and Repub- efforts were being made to deliver them and licans to officiate and observe at the site. It that people were getting the help they need- also helped that one of the board officials and ed to use them. They also hoped to encour- the warden were good friends, and were able age the board to deliver the absentee ballots to amicably work out the logistics. as soon as possible after receiving the requests rather than waiting until the day When the BOE delivered absentee ballots to before the election. It would have been more the jail before the election, detained people efficient from the board’s point of view to marked their absentee ballot-request forms to wait, but people awaiting trial are continual- indicate that they wanted assistance with vot- ly disfranchised, due to conviction, during ing because they didn’t have the pens and such waiting periods.
TOTAL REGISTERED IN CLEVELAND
Primary, 2004: 200+: This was a less intensive effort, relying primarily on an intern at Wieser’s office, with volunteer assistance. One purpose of the drive was to give the BOE a first try at delivering absentee ballots, before the 2004 general election.
General, 2003: 500+: An intensive effort.
General, 2000: 200+: For this effort, volunteers did not enter the jail at all, and detainees only received voting-rights education from the handouts distributed with the forms. (Dialogues and personal contact are better!)
18 An ACLU/Right to Vote Report Los Angeles, Calif. Unlock the Vote
THE LAW Angeles Coalition to End Hunger and The State of California prohibits people with Homelessness (LACEHH), League of Women felony convictions currently in prison or on Voters (LWVLA), Friends Outside, the County parole from voting. Once an individual has Sheriff’s Office, the Registrar’s Office, and the completed his or her felony sentence, the right Hacienda La Puente Unified School District. to vote is automatically restored. Felony proba- tioners may vote in California. After a series of long, grueling meetings, the coalition came up with goals and objectives BACKGROUND for the project, and arranged to meet with rep- In June of 2004, Unlock the Vote, a coalition of resentatives from the Los Angeles County six groups convened by the ACLU of Southern Sheriff’s Department’s Inmate Services California, began brainstorming about the vot- Division. Working with the Registrar’s Office, ing rights of the 18,000 detainees in the Los the coalition ultimately produced a Guide to Angeles county jails. The coalition was deter- Inmate Voting. The pamphlet, published by mined to find a way to help eligible detainees the Los Angeles County Registrar-Recorder/ become educated about, and to exercise, the County Clerks’ Office and approved by the right to vote. The group included the Los secretary of state, provides an easy-to-read explanation of eligibility requirements and the specific process for registering and voting COALITION MEMBERS from Los Angeles County jails. Unlock the Vote agreed that by first distributing this Los Angeles Coalition to End Hunger and material to detainees, it would educate and Homelessness: Works collectively to end hunger and homelessness through public education, tech- motivate them about their voting rights, facil- nical assistance, public policy analysis, organizing, itate the registration process, and begin the and community action. process of re-enfranchising Southern League of Women Voters: Provides nonpartisan California’s detainees. voter-registration services at large public gather- ings, or on request, at events or businesses for NO TO STAPLES, YES TO CANTEENS the benefit of participants or employees. It is committed to designing ways to increase voter Because security is so tight at many of the jails, participation in diverse communities while work- even something that may seem as simple as sta- ing closely with the County Registrar on voter ples on a pamphlet can create a problem when outreach projects. it comes to disseminating information to Friends Outside: Provides support and assistance detainees. This very dilemma required the for inmate families, offenders and ex-offenders. It coalition to repeat the pamphlet process from also offers diversion, intervention and prevention programs. scratch. Volunteers found that folding the pam- phlet into thirds eliminated the need for staples. Hacienda La Puente: HLP Adult Education pro- Once this was worked out, they turned their vides innovative student-centered learning oppor- tunities and support services to a diverse popula- efforts to the next obstacle: to find a way to tion, enabling individuals to achieve their goals as deliver the pamphlets to the detainees. Most of lifelong learners, productive workers and effective the coalition’s initial ideas for educating communicators. detainees about issues on the ballot, and
19 Voting While Incarcerated instructing them in how to fill out registration three-strikes initiative on the ballot. Although forms, were rejected due to security meas- this strategy worked, another problem arose: ures. For example, because the county jails Materials ran out. require government approval for materials going in and out of prison facilities, instruc- MATERIALS RUN OUT In some jails, the materials ran out. One reason CANTEEN: A location where prisoners can for this was the lack of direct contact between place orders for provisions they cannot get in jail such as some food items or phone cards. the Registrar’s Office (the source of materials) and individual facilities. Jody Kent of the tions for registration were banned. Despite ACLU, who, through her work monitoring jail limited options, the Sheriff’s Department conditions had a connection to the Sheriff’s came up with the idea of distributing the Department, was able to obtain access to mon- pamphlets through detainee canteens. So, in itor the supply of materials in the jails. Because the first week of September, 15,000 pam- phlets were distributed to detainees that way. INTERVENTION Since pamphlets were only sent to the jails To help bring jail deputies up to speed, the coalition through canteens once, they were also made gave a presentation on the voting process. available to detainees in classrooms and upon request. The coalition decided that it was also the materials kept running out, Jody would fre- important to educate detainees’ families quently contact the Registrar’s Office and ask about the voting rights of those in jail. The that they be replenished. The coalition also made a presentation to the jail deputies to IDEAS REJECTED explain what needed to be available to the detainees, which detainees could vote, and how Classroom setting: detainees could obtain materials. In certain Teaching inmates about voting in a classroom setting. Prison officials were afraid that instruction would facilities, such as the Twin Towers, registration not be non-partisan. forms and absentee ballots were placed in boxes which were also used for the distribution Unauthorized material: Deputies refused to allow information that had not of complaint forms, which detainees had to been cleared by the government. pass on their way to courts and when being transferred between facilities. (At Central Jail, group went to the visiting lines in each of the materials were provided upon request only, major Los Angeles County jail facilities for because detainees were locked down most of several hours each weekend in September and the time.) The coalition’s presentation empha- spoke to people waiting to enter about their sized that replenishing the information was the detained relatives’ or friends’ voting rights, responsibility of the Registrar’s Office, and provided them with educational materials -- needed to be a priority. and also registered them. One aspect that caught many families’ attention was the KEY COMPONENT Jody Kent, who worked with the Sheriff's THREE STRIKES INITIATIVE Department to monitor jail conditions, had The three strikes provision sought to ensure access to county jails. This connection and her longer prison sentences and greater punishment prior experience with detainees were key to gain- for those who commit a felony after a previous ing the access needed to monitor the supply of conviction for a serious or violent felony offense. voter-registration materials.
20 An ACLU/Right to Vote Report
FINALLY, REGISTRATION! GOALS TOWARDS A MORE In the last week before the voter registration INSTITUTIONALIZED PRACTICE deadline, Jody Kent went with several ACLU Unlock the Vote plans to continue working volunteers to the jails where low-security with the Registrar’s Office and Sheriff’s detainees were housed, anticipating that more Department to increase awareness of, and detainees in those jails would be eligible to accessibility to. voter-registration-related vote. The volunteers announced that they had materials. It intends to continue to provide voter registration forms with them, and materials for the Los Angeles County jails, explained to the detainees how to fill them out. and possibly also to expand its efforts to That week, the volunteers registered between encompass city elections. This could be quite 50 and 70 detainees. The advocates reported challenging however, because there are 88 that it was imperative to have interacted with towns, instead of counties, each with differ- detainees and to have had volunteers on hand to ent issues on their bal- help detainees complete the forms because lots. It will seek to dis- LANGUAGE these forms could be rejected if any mistakes tribute educational mate- BREAKDOWN English: 81 were made. This rate of registration was a real rials through canteens on Korean: 17 success in contrast to the previous four years in more than just a single Japanese: 13 which, according to representatives from the occasion, to supply Spanish: 5 Tagalog: 5 office of the Los Angeles County Registrar, detainees with newspa- only 45 detainees registered to vote, and only pers during the next voter-registration drive, one actually voted. and to help detainees complete registration and absentee-ballot request forms. The coali- TOTAL REGISTERED AND VOTED IN L.A. tion further hopes to institute a program of The final registration count was 121, with 30 ongoing registration through monthly civics absentee ballots issued to detainees. Of this classes, which would be offered by represen- number, 18 actually voted. Of the 18, two were tatives of the Registrar’s Office. The challenged. The final count of those who voted Hacienda La Puente Unified School District successfully in the Nov. 2, 2004 General also would like to stay involved, and is look- Election was 16. This represented the highest ing into incorporating voter registration into return since the program began in the first the programs it offers detainees on an ongo- quarter of 2000. ing basis.
21 Voting While Incarcerated New Orleans, La. Voice Of The Ex-Offender THE LAW Louisiana, notes Renee Lapeyrolerie, director The State of Louisiana prohibits people with of public affairs at the Jefferson Parish felony convictions currently on probation, in Sheriff’s Office, the county jails are called prison or on parole from voting. Once an indi- parish “prisons.” Because some state peni- vidual has completed his or her sentence, the tentiaries are at capacity, she says, some peo- right to vote is automatically restored. ple with felony convictions may also be serv- ing sentences at parish “prisons.”) PARTICIPANTS: Sheriff Hunter thought Voice of the Ex-offender: Founded in 2003, VOTE has this was a great idea, KEY COMPONENT: provided opportunities for eligible pre-trial detainees Members and volunteers and misdemeanants to vote, and participate in nation- and not only granted of VOTE are almost all al, state, and local elections. their request, but hand- ex-offenders. This unique ed the advocates an up- characteristic enables The Jeremiah Group: A community-based group of them to gain the trust of churches and synagogues. to-date list of 2,000 detainees, and relate to qualified detainees. them very effectively. IN THE BEGINNING This list had been gen- Detainees know and trust Efforts to promote jail-based voter registration erated in response to a VOTE as a whole, and bond with them as the in Louisiana began in 1987 with the Angola lawsuit brought against registration process is Special Civics Project, at the Louisiana State Hunter’s predecessor, carried out. Penitentiary at Angola, run by a group of Sheriff Charles Foti, by detainees who discovered that prisoners who a qualified inmate who had been prevented from were not on probation, parole or serving time voting. for a felony conviction could vote. They began to lobby their legislators to have the right to VOTE MOVES INTO THE JAILS vote extended to parolees and probationers, and Sheriff Hunter assigned the warden of each encouraged their families and friends to vote. facility to personally escort VOTE volunteers In 2003, several of these detainees were through the facility to find each of the people released, and created Voice of the Ex-Offender named on the pre-trial detainee and misde- (VOTE), dedicated to registering pre-trial meanant list, and also made sure that the facil- detainees and those convicted of misdemeanors ity was set up to accommodate the registration in the state of Louisiana. process. According to VOTE, Sheriff Hunter was extremely helpful throughout the day, as Staffed primarily by people with felony con- were the Orleans Parish Prison guards, who victions who could not vote themselves, VOTE helped carry folding tables and chairs, and set immediately took on the task of making it pos- up clipboards for inmates to use while filling sible for those who were eligible to vote in out their registrations. VOTE moved without national, state, and local elections. They incident from wing to wing, greeting 20 to 30 requested a meeting with Interim Sheriff men at a time in the lounge area, which was set William Hunter, seeking permission to enter up in such a way that volunteers could work the multi-facility Orleans Parish Prison com- one-on-one with incarcerated people. As they plex, the eighth largest jail in the country. (In explained the voting process and answered
22 An ACLU/Right to Vote Report detainees’ questions, VOTE volunteers felt But Sheriff Hunter said his initial instructions their status as formerly incarcerated people from the VRO had described a less cumber- helped to put prisoners at ease. The perceived some process: that detainees who chose the bond made for a relaxed atmosphere and a number “11” on their voter-registration forms sense of familiarity. VOTE volunteers walked (indicating that they were not convicted felons, away with 701 registration cards from Orleans and were therefore eligible to vote) would only Parish Prison. With help from the Jeremiah have to request restoration of their eligibility. Group, a community-based group of churches He was concerned that he did not have the and synagogues, and defense attorneys Phyllis capacity to certify that many applications Mann and Gary Proctor, VOTE also obtained before the close of registration. 300 registrations from Jefferson Parish Prison, and 300 from Rapides Parish Prison. LEGAL ASSISTANCE NEEDED Because the VRO was unpersuaded in both cir- DETAINEE REGISTRATIONS: cumstances, two attorneys from the NAACP Orleans Parish Prison: 701 Legal Defense Fund (LDF) intervened at Jefferson Parish Prison: 300 Rapides Parish Prison: 300 VOTE’s request, and began a series of lengthy telephone conference calls with the Orleans PROBLEMS AT THE VOTER REGISTRATION Parish Registrar of Voters, Louis Keller, and OFFICE Sheriff Hunter. LDF wanted to resolve the VOTE then took the completed registration impasse and at the same time ensure compli- cards to the Registrar’s Office. This is where ance with Louisiana’s voting laws that grant they encountered two problems. The Voter voting rights to eligible pretrial detainees and Registration Office (VRO) refused to accept inmates. Because negotiations continued for the registration cards on the grounds that first- approximately three weeks, detainees were time voters needed to register at the VRO. unable to participate in the primary election. Because most of the detainees were first-time But, when Sheriff Hunter agreed to conduct the voters, the VRO would not generate absentee certification process, the VRO finally issued ballots for most of the completed registration absentee ballots for the disputed detainees, and forms. At Sheriff Hunter’s suggestion, VOTE in a major voting-rights victory, 125 detainees responded that it had previously notified the in Orleans Parish Prison were certified by the VRO of its activities, and had been cleared to Sheriff’s Department as eligible to vote by register these voters in the jails. Because pre- absentee ballot in the Nov. 2, 2004 General trial detainees and misdemeanants could not Election. leave their facilities, VOTE had been given consent to treat pre-trial detainee registration as However, by the time VOTE got back to the equivalent of an on-site registration. But Orleans Parish Prison with the absentee ballots, while VOTE considered what to do next, an many pre-trial detainees had been released or additional crisis emerged the day before the convicted. Ultimately, out of the 701 registra- close of registration. The VRO refused to issue absentee-ballot applications without the sher- NAACP LEGAL DEFENSE FUND iff’s certification that none of the applicants NAACP LDF is America's premier civil-rights law was incarcerated for a felony conviction. The organization. Its mission is to transform the prom- ise of equality into reality for African Americans VRO claimed that the state attorney general and, ultimately, for all individuals in the areas of required this certification (a letter explaining education, political participation, economic justice that each of the detainees was eligible to vote). and criminal justice.
23 Voting While Incarcerated tions completed, 250 absentee ballots were cast. In the time it took to sort out the difficul- PROPOSALS FOR FUTURE REGISTRATIONS: ties with the VRO, VOTE lost about 300 voters. 1. Bring registration cards and absentee ballot applications into jails at the same time. 2. Bring a VRO representative to the jail, to create an ON REFLECTION on-site registration for first-time voters. After the election, VOTE reflected on its expe- 3. Conduct registrations every 90 days. rience and resolved that in future efforts, VOTE 4. Conduct registrations at the time of an arrest. must avoid delays to avoid missing voting deadlines. One suggestion VOTE is consider- It would also like to create registration options ing is to go into the jails with registration cards outside the jails and is attempting to implement and absentee ballots simultaneously. Another voter-registration as people are arrested, as part proposal that VOTE feels may help the regis- of the booking process. tration process along is to be accompanied by a VRO representative to each jail site as volun- VOTE CONTINUES teers register detainees. This would essentially VOTE will concentrate not only on re-enfran- mean that first-time pre-trial detainee and mis- chisement, but on re-entry as well. It plans to demeanant voters would be making an on-site continue to work with probation and parole registration. Although VOTE volunteers officers, with the current sheriff and jail staff enjoyed bonding with detainees in their two and, most importantly, pre-trial detainees and separate visits, they decided, based on their misdemeanants. All are working hard to inform subsequent experience with the VRO, that the and engage not only those who are incarcerat- turn-around time needed to certify detainees ed, but the community at large. They will seek was too long, and could defeat their purpose. to make people more aware of VOTE – what it VOTE is further considering conducting pre- is, who runs it, and how it can help detained trial and misdemeanant detainee registration people to regain a place in society and the right every 90 days in the various New Orleans jails. to vote.
24 An ACLU/Right to Vote Report Philadelphia, Pa. Jewish Employment and Vocational Services; The Philadelphia Jail System’s Office of Community Justice, Responsibility and Outreach; and the Ex-Offenders’ Association of Pennsylvania
THE LAW The State of Pennsylvania prohibits people in Reentry Task Force (EOTF). Philadelphia’s prison from voting. Once an individual has system is both a city and county jail with six completed his or her prison term, the right to facilities, each with its own warden. vote is automatically restored. VOCATIONAL TRAINING THE PARTNERS AND THEIR ROLES John Lieb, Director of the Jewish Employment The Philadelphia jail system is one of the and Vocational Services Prison Program nation’s ten largest jail jurisdictions. A unique (JEVS), has been doing vocational training for partnership of organizations engages in the six years in the Philadelphia jail system voter registration work there: The Office of through a contract with the city of Community Justice, Responsibility and Philadelphia. He began including voter-regis- Outreach for the Philadelphia jail system tration and absentee ballot requests in a Civics (OCJO); the Jewish Employment and 101 class for detained people referred to his Vocational Services Prison Program (JEVS); program by jail social workers. He had the full the Ex-Offenders’ Association of support of the wardens because he already had Pennsylvania (EOAP) and Mayor John a relationship with them and they knew of and Street’s Ex-Offender Reintegration and respected his work. About 100 people a month register to vote through his classes. John works to bring in formerly incarcerated people to ORGANIZATIONS INVOLVED speak during the programs. Jewish Employment and Vocational Services: A social service agency that benefits the community by OUTREACH enhancing the employability and self-sufficiency of Wilfredo Rojas, head of the Office of the people it serves through a broad range of educa- tion, training, health and rehabilitation programs. Community Justice, Responsibility and Outreach (OCJO), and Rosa W. Goldberg, an Office of Community Justice, Responsibility and experienced and dedicated volunteer, regularly Outreach: Communicates goals, objectives, and accomplishments of the Philadelphia prison system register and educate the general population in and receives input and suggestions concerning jail. Goldberg meets with detained people on prison operations and programs on a strategic, individual housing blocs in the county jails to scheduled basis from community representatives, government agencies, officials, and the public. talk with them about their voting rights and their skepticism regarding voter registration Ex-Offenders' Association of Pennsylvania (EOAP): and the absentee voting process. Interested Looks at every aspect of the efforts of ex-offenders trying to turn their lives around after release, and at bloc reps and other detained people are the obstacles that stand in their way. informed of the opportunity to register and are encouraged to participate. Many assist Philadelphia Mayor's Ex-Offender Reintegration and Reentry Task Force: Helps individuals leaving Goldberg as liaisons to the detained popula- prisons as well as the communities they rejoin. tion by getting the word out that people in jail
25 Voting While Incarcerated serving time for misdemeanors, probation, or EX-OFFENDERS parole violations do have the right to vote in Malik Aziz is the executive director of the Ex- Pennsylvania. This work counters the common Offenders’ Association of Pennsylvania misinformation and misconceptions that have (EOAP), and also serves as the chairman of the kept historically disfranchised populations Philadelphia Mayor’s Ex-Offender from exercising their right to participate in the Reintegration and Reentry Task Force (EOTF). electoral process. Goldberg says that many He works on get-out-the-vote efforts with people believe that because they are serving Philadelphia’s jail population once they are time, they have lost the right to vote. released, and his group is also working to develop a more systematic way of assisting Goldberg registered detainees all day, every people in jail at election time with absentee day, for six weeks in the summer of 2000, and ballots. That piece is fairly new for this group planned to follow up and it is working the by making sure that COMMUNITY TIES kinks out. Gus Baxter all the people who “In corrections, we're in the business of public safe- from the City applied for absentee ty, and in the interest of public safety, we want to Commissioners’ Office, strengthen the ties between detained people and ballots got them and their communities,” said Rojas. “One of the best a formerly incarcerated turned them in at the tools for this is the ballot box.” person, also provides end of October. After consultation, forms and that, she planned to get-out-the-vote by con- absentee ballots for detained people through tacting everyone who had been released to the JEVS program. He serves as a trou- remind them to vote at their home polling bleshooter from the City’s Office of places. Elections.
The Help America Vote Act (HAVA) of 2002 REGISTRATION: AN ONGOING PROCESS was passed to make sure that every citizen Lieb says the goal is to build a cadre of regis- could vote, and Rojas says his office is com- tered voters inside, and then to work with re- mitted to making sure HAVA is correctly entry groups to get-out-the-vote by alerting implemented. The level of support is so high people who have been released that it’s not that he has even arranged for Pennsylvania enough to just register; they must also vote. Secretary of State, Pedro Cortez, to talk direct- He feels strongly that you have to make voter ly with Philadelphia jail officials about HAVA registration a continuing process in a jail as and to advise them, as the state’s chief election large as Philadelphia’s because there is so officer, that pretrial detainees are eligible to much turnover and people are continually vote. released. He advises people in large jail juris- dictions not to focus too much on the absen- Rojas’ office is currently working with others tee-ballot process within the jail, because on the design of a systemwide comprehensive there are more people getting out and going intake procedure, which will include voter back to their communities. registration. “We believe that in order to increase the number of people who participate He believes that because they do registration in the American democratic process of voting, on an ongoing basis, and not just right before it is important to develop a culture of voting an election, jail and other officials do not by institutionalizing voter registration,” said view them as being overtly political. Lieb Rojas. says, “This is the only jail in the country
26 An ACLU/Right to Vote Report doing voter registration on an institutional filling out the forms and letting officials scale, and it is all done under the rubric of know that they want to vote. rehabilitation.” Baxter notes: “If they don’t think you care CHOOSE TO CHOOSE enough about yourself to get involved in the Lieb and Rojas produced a film called process, they won’t pay attention to you.” “Choose to Choose,” which documents advo- Detained people in the film demonstrate that cates’ interactions with the general jail popu- once they learn more about the ramifications of lation and is shown in every JEVS class. It voting, they do become interested. One man in shows detained people going through the the film says: “Our communities are the last to process of registering to vote. Aziz and the have anything done for them and voting affects other formerly incarcerated advocates fea- every service in the community.” Another adds, tured in the film teach that voting is power “Just because we’re locked up doesn’t mean we and that detained people can have a voice by don’t care about our families out there.”
27 Voting While Incarcerated Pike County, Miss. National Association for the Advancement of Colored People THE LAW ABSENTEE BALLOT STIPULATIONS The State of Mississippi prohibits felons con- On Election Day, the NAACP received a call victed of murder, rape, bribery, theft, arson, from the Circuit Clerk, the county's elections obtaining money or goods under false pretense, officer, who informed them that pre-trial perjury, forgery, embezzlement or bigamy, who detainees could not vote by absentee ballot are currently on probation, in prison, or on because they were incarcerated. The Circuit parole, from voting. In addition, these felons Clerk notified the NAACP that the circum- remain disfranchised permanently after the com- stances for receiving an absentee ballot did not pletion of their sentences. Any former felon include being incarcerated. One can only vote seeking to regain the right to vote may apply for by absentee ballot if certain specified conditions a pardon, seek the restoration of civil rights from prevail; incarceration was not one of those con- the Governor, or obtain an affirmative vote from ditions. Another obstacle was that these two-thirds of the state legislature. detainees were incarcerated within their county of residence. Had they been incarcerated out- VOTER REGISTRATION PROGRAM BEGINS side, rather than within their county of resi- In anticipation of the 2002 Congressional Race, dence, they could have voted by absentee ballot. the Pike County National Association for the Advancement of Colored People (NAACP) CIRCUIT CLERK REQUIRED TO GO THE began a voter-registration program for those EXTRA MILE convicted of non-disfranchising felonies as well The NAACP called the Secretary of State's as misdemeanants and pre-trial detainees. office and told them of this turn-of-events. Working alongside Sheriff Fred Johnson, who This office in turn called the Pike County was also an active member of the Pike County Circuit Clerk’s Office, and said that immedi- NAACP, the organization first researched which ate permission must be given to the detainees of the individuals incarcerated in Pike County to vote. Because voting by absentee ballot was Jail were (a) Pike County residents and (b) eligi- not an option, the circuit clerk went personal- ble to vote. They came up with 68 people. ly to the jail, and took all 68 votes himself and then submitted the votes to be counted. PERMISSION FOR JAIL ENTRY GRANTED Throughout this process, inmates responded NAACP members and volunteers began going positively, and were happy to participate in to the local courthouse as people were being the election process. arraigned, and registered those who were being charged, as well as their family members. The EXPANDING VOTER REGISTRATION groups then asked Sheriff Johnson if they could PROGRAM IN MISSISSIPPI go into the jail and register those detainees who The Mississippi State Conference NAACP is were eligible under Mississippi law to vote -- the very enthusiastic about continuing this process 68 people on their list. Sheriff Johnson granted in different parts of Mississippi, and has come their request, and the local NAACP branch offi- up with a list of 16 counties where the organi- cials and volunteers immediately did a walk- zation believes the local sheriff will cooperate through with registration packets and registered with them and their efforts will have an impact. all 68 detainees. This took them one full day. Derrick Johnson, President of the Mississippi
28 An ACLU/Right to Vote Report
State Conference NAACP, emphasizes that working alongside a friendly sheriff who will KEY COMPONENT Having a friendly sheriff who cooperates with the not suppress inmates' votes or coerce them to volunteer registrants helps to not only gain access vote a certain way makes the voter-registration to eligible voters, but also ensures a positive and process much simpler; without the sheriff’s safe atmosphere. cooperation, the prospects are problematic because inmates are dependent upon sheriffs that can help to further the endeavor. He says it for food, shelter and safety. Such problems is the goal of the NAACP to institute a notifi- have hindered the NAACP from working on a cation process, so that inmates are informed of wider scale, but Johnson said it looks forward their right to vote, and are assisted in exercising to partnerships with any groups or coalitions this right.
29 Voting While Incarcerated Washington, D.C. Citizens United for the Rehabilitation of Errants THE LAW The District of Columbia prohibits people in In 2004, BOE even suggested that CURE could prison from voting. Once individuals have help BOE facilitate in-person absentee voting. completed their prison terms, the right to vote is automatically restored. CURE PERSUADES BOE TO PROVIDE TRAINED VOLUNTEERS CURE ON A MISSION Since the 2000 registration drives, CURE had Citizens United for Rehabilitation of Errants been requesting that the directors of BOE and (CURE) is a national prison reform organiza- the Department of Corrections discuss how to tion based in Washington, D.C. Charlie commence volunteer training. Sullivan felt Sullivan, the Executive Director of CURE, and strongly that training should be initiated by the his volunteers have gone into the D.C. jails to heads of one of those agencies rather than by register voters periodically for several years. the advocates. Under pressure from CURE, They have only recently been allowed to go both agencies agreed, and in a great victory for back into the jail several weeks after a registra- CURE and D.C. detainees, BOE agreed to train tion drive to hand-deliver absentee ballots and volunteers. Volunteers would be taught to: (1) assist detainees with what is called “in-person register voters and help detainees fill out absen- absentee voting.” tee ballot requests, and then (2) facilitate in- person absentee voting. Sullivan reiterated that BACKGROUND building a relationship with the election agency In 2003, Sullivan began testifying before the was vital. “The more we can use the clout of DC Board of Elections and Ethics that eligible the election agency, the more the doors are voters were being neglected in the D.C. jails. going to open,” he said. If there are problems He pointed out that pre-trial detainees and getting into the prisons even with the assistance those serving time for misdemeanors were of the board, he suggested that advocates step legally empowered to register, request an in by going to the media, calling on support absentee ballot, and vote. Although Sullivan from allied city officials, or having the local knew it would be almost impossible to get into ACLU put pressure on jail officials to honor the jail without assistance from the Board of detainees’ right to vote. Elections (BOE), Sullivan and CURE volun- teers were determined to make it happen. VOLUNTEERS, BOE STAFF ENTER THE PRISONS CURE first volunteered to work through the CURE used both “inside” and “outside” volun- local election agency in 2000. But CURE had teers. It recruited members of the community not figured out how to accomplish the vital, to become certified registrars, and paired them follow-up step of confirming that the detainees with volunteers from the jail chaplain's staff. it registered were actually able to vote from And it made sure that there was always an jail. "inside" volunteer already known by cellblock staff to help pave the way for a successful As persistent pressure and trust in Sullivan’s work drive. Although most of those detained in the built up, BOE gradually became more supportive. D.C. jail were African-American, many CURE
30 An ACLU/Right to Vote Report volunteers were white. When possible, CURE rolls, which usually takes 19 days. However, in tried to pair a white volunteer and a volunteer D.C., the CURE volunteers did not have to of color. CURE usually had five to 10 volun- withhold the absentee-ballot requests because teers on each visit. they had a good working relationship with the board, which promised to process them in cor- Two staff people from the D.C. Board of rect order. Elections and Ethics accompanied the volun- teers for both the voter-registration drive in For in-person absentee voting: The volunteers December and for the in-person absentee vot- picked up the ballots from the board on their ing process in January. Sullivan said this was way to the jail and hand-delivered them to the extremely beneficial because there were many detained people. technicalities of the in-person absentee voting process for which CURE volunteers had not HAND-DELIVERY INSTEAD OF MAIL been fully prepared. However, when they went CURE volunteers never used the penitentiary back for the August registration drive, they mail system, because the majority of detainees were experienced and did not need Board staff do not trust jail mail. They promised detainees to accompany them. who registered that they would bring their bal- lots to them and would then bring them direct- MATERIALS VOLUNTEERS SHOULD BRING ly to the BOE. Sullivan convinced officials to CURE developed a fact sheet called for the use let them hand-deliver the ballots so that volun- of all advocates, “The FAIR Way to Vote in teers could be available to answer questions Jail,” that outlined the following requirements: and to assist people with disabilities and litera- (1) Only those presently serving a sentence for cy problems. a felony cannot vote, (2) Age: You have to be 18 years old by the date of the election, (3) REGISTRATION DRIVE IN A PRIVATELY Competence: You can vote only if you have not RUN JAIL been judged mentally incompetent by a court, The Corrections Corporation of America and (4) Residence: You can vote if you have (CCA) runs the Central Treatment Facility maintained your residence in Washington 30 (CTF), D.C.’s privately run jail. When CURE days before an election. The jail can be count- volunteers first sought permission to enter CTF ed as a residence if you have no other. 2003 During voter registration drives, volunteers Registered: 350 eligible out of 2,300 also bring registration forms and absentee-bal- Time: 3 hours, 2 volunteers per 2-3 cell blocks Unable to receive absentee ballot: 228 (due to lot request forms for people who will still be in errors in registration form or release before jail at the time of the election. In D.C., an election) absentee-ballot request may not be submitted Official Registrations: 122 until the person’s voter-registration form has been processed and he is officially on the voter 2004 Registered: 188 If detainees answer "yes" to any one Requests for absentee ballots: 179 of these questions, they can vote: CTF Private Jail: 1. Are you here on a parole revocation hearing? Registered: 186 2. Are you here serving time for a misdemeanor? Requests for absentee ballots: 148 3. Are you here awaiting trial for a felony?
31 Voting While Incarcerated to conduct voter registration, the warden that they could sit down and explain the regis- emphatically denied their request. Sullivan tration process. They were able to get almost then made a call to Michael Quinlan, an official the same number of registrations, though CTF high up the CCA chain of command, whom he had only about 1,200 prisoners while the D.C. had known in Quinlan’s previous capacity as jail has 2,300. the Director of the Bureau of Prisons. This rela- tionship opened the door for the CURE volun- MOVING TOWARD MORE INSTITUTIONAL- teers and they were allowed access. IZED PRACTICES Sullivan and CURE volunteers would like to Volunteers found that the design of this private see an ongoing registration process institution- jail was more conducive to registering prison- alized in the D.C. jails that could reach every ers than that of the D.C. Jail. CTF is a direct detainee either through intake or release proce- supervision jail, which meant that there were dures. He planned to testify before the about 50 prisoners to a pod. The volunteers ini- Elections Board to request that voting tially tried to elicit detainees’ interest in regis- machines be brought into the jails. These tering when they were in their cells, but the machines are small enough that they could be doors were locked and they had to shout to be carried to each cellblock. Sullivan said they are heard. People were not interested until volun- programmed so that any person voting would teers asked officials to allow them to come out have his or her specific ballot, and anyone on of their cells and mingle. Then many of them the voter rolls would then be able to vote from registered. Sullivan says that the longer the vol- jail. People would not have to go through the unteers were there, the more detainees warmed absentee-ballot request process, and they up and registered. When people saw their bud- would be able to experience voting and see dies asking about registration, they began to their votes count. They would even receive a think about doing it too. paper receipt from the machine signifying that they voted. Sullivan believes this would sub- Before CURE went into CTF, it asked the asso- stantially increase interest in voting among the ciate warden for programs (who had been des- jail population. ignated by the CTF Warden to work with them) to place notices on the bulletin boards of each However, he recognized that in spite of its pod. She did, and that seemed to help prepare early success, CURE still seemed to be a long people for the registration drive. way from having the local BOE and jail offi- cials do voter work on their own without pres- Volunteers spent more time talking to people sure from advocates. He warned, “Just than they had the previous week at the D.C. because you get in once doesn’t mean you’ll jail, primarily because there were more places get in again.”
32 An ACLU/Right to Vote Report A Brief Explanation of HAVA Submitted by Demos: A Network for Ideas and Action www.demos-usa.org/page14.cfm
The federal "Help America Vote Act of 2002" (HAVA) has impacted every part of the voting process, from voting machines to provisional ballots, from voter registration to poll worker train- ing. Advocates in each state need to ensure that state legislators and state and local election offi- cials implement HAVA properly.
Under HAVA, states must meet many new federal requirements. States met many of these provi- sions before the 2004 election, including issuing provisional ballots to voters not on the voter list, and setting new identification requirements for first-time voters who register by mail. Other aspects of HAVA, including the creation of statewide computerized voter lists and increasing access for disabled voters, are mandated to be in place by January 1st, 2006. States have finally received some of the federal funds for each of these purposes, and will receive general funds "to improve the administration of elections" in the future.
HAVA also provides opportunities to educate, and lower barriers faced by, would-be voters who have interacted with the criminal justice system. HAVA's public education funds can be used to ensure that the often-confusing eligibility laws are clearly publicized to voters, elections and cor- rections officials alike. The mandated statewide voter-registration database can ensure that voter eligibility is immediately updated, and improve the accuracy of purges. Modifications to voter registration forms can include clarifying language regarding eligibility of people with felony con- victions right on the voter registration itself.
Along with several explicit requirements, some of the looser language in HAVA has been inter- preted by state legislatures in ways that will limit, not expand, voting rights. For example, some states have implemented HAVA’s provisional voting requirement in ways that will not count legit- imate voters' provisional ballots if they appear at the wrong polling place, or even the incorrect precinct. Other states have made HAVA's identification requirements narrower; for example, Georgia now requires photo ID for all voters. State and national advocates have opposed these interpretations because of their disfranchising impacts.
* See “Issues to Address with Your Local Election Agency” on page 3 for questions related to HAVA implementation that may affect your work.
33 Voting While Incarcerated The Law in Your State Submitted by The Sentencing Project www.sentencingproject.org
People in jails may vote in every state (includ- ing" and constitutes "a specified reason for ing Louisiana, where the jails in which people absentee voting." The amendment provides for convicted of lesser crimes are incarcerated are “certification on the back of the ballot." And called prisons, and Delaware, where people San Franciso's Department of Elections is tak- awaiting trial or serving misdemeanor sen- ing the affirmative step of informing people in tences are housed in state prisons). People in jail and those who have completed their sen- prisons are banned from voting in all but two tences that they are eligible to vote under states (Maine and Vermont), and Alabama and California law. Mississippi allow some felons to vote. Yet bar- riers to voting exist in both types of facilities, Should you encounter barriers to registering and few actively encourage voting by inmates. otherwise eligible people in jail (relating to res- idency, for example, or absentee-ballot require- Such barriers are under scrutiny in many states, ments), please contact the ACLU or the and some are taking steps to eliminate them. Brennan Center for Justice at New York Illinois recently (Aug. 22, 2005) amended its University. The authors will deal with legal Election Code to specify, "confinement or barriers to voting by eligible detainees and detention in a jail pending acquittal or convic- other barriers brought to their attention, and tion of a crime is not a disqualification for vot- suggest ways to resolve them, on a state-by- state basis in a future publication. Prisoners permitted to vote: ME, VT The laws summarized in this section apply only Voting restored after release from prison: DC, HI, to felony disfranchisement IL, IN, MA, MI, MT, NH, ND, OH, OR, PA, UT
Voting restored after release from prison and Alabama completion of parole(probationers may vote): CA, The State of Alabama prohibits most people CO, CT, NY, SD with felony convictions, and currently on pro- Voting restored after completion of prison, parole bation, in prison, or on parole, from voting. In and probation: AK, AR, GA, IA*, ID, KS, LA, MN, addition, any person who has been convicted of MO, NJ, NM, NC, NE**, OK, RI, SC, TX, WV, WI murder or certain sexual crimes will remain Permanent disfranchisement for some/multiple disfranchised after the completion of his or her felony convictions, unless government approves sentence. Those who have completed their sen- individual rights restoration: AL, AZ, DE, MD, MS, NV, TN, WA, WY tences, have no pending charges, do not owe any outstanding fines and have not been con- All convicted of felonies permanently disfran- victed of murder or certain sexual offenses can chised: FL, KY, VA apply for a certificate of eligibility from the state parole board affirming their restored right * See detailed description of Iowa law herein for a fuller description of the status of the Iowa law. to vote.
** Voting rights restored 2 years after completion of sentence. In 2003, Alabama enacted a law permitting many persons convicted of a felony to apply for
34 An ACLU/Right to Vote Report a certificate of eligibility to register to vote sons convicted of a misdemeanor who have after the completion of their sentences. been sentenced to incarceration. Once an indi- vidual has completed his or her sentence, the Alaska right to vote is automatically restored. The State of Alaska prohibits people with felony convictions and currently on proba- Connecticut tion, in prison, or on parole, from voting. The State of Connecticut prohibits people Once individuals have completed their sen- with felony convictions and currently in tences, the right to vote is automatically prison or on parole from voting. Once an restored. individual has completed his or her sentence, the right to vote is automatically restored. In Arizona 2001, Connecticut enacted a law restoring The State of Arizona prohibits people with the right to vote for people currently on pro- felony convictions and currently on probation, bation for a felony conviction. Connecticut in prison, or on parole from voting. In addition, also exercises a public information require- persons who have committed more than one ment that the Commissioner of Corrections offense are also prohibited from voting after must inform the individual upon release from the completion of sentence. A first-time offend- incarceration about the process of rights er in Arizona has the right to vote restored restoration, and transmit restoration informa- automatically upon completion of sentence, as tion to the Secretary of State and local long as no outstanding financial obligations to boards of elections. the state remain. People who have been con- victed of two or more felonies may only have Delaware their rights restored through a court process or The State of Delaware prohibits people with by seeking a pardon. felony convictions and currently on proba- tion, in prison, or on parole from voting. In Arkansas addition, any person who has been convicted The State of Arkansas prohibits people with of murder, manslaughter, certain sexual felony convictions and currently on probation, crimes, or offenses against offices of public in prison, or on parole from voting. Once an administration such as bribery will remain individual has completed his or her sentence, disfranchised after the completion of sen- the right to vote is automatically restored. tence. Those who have completed their sen- tences and have not been convicted of the California charges listed above can either seek a pardon The State of California prohibits people with or wait five years from the completion of felony convictions and currently in prison or on sentence for their rights to be restored. parole from voting. Once an individual has Persons who have been convicted of a mis- completed his or her sentence, the right to vote demeanor for certain election-law violations is automatically restored. are prohibited from voting for 10 years fol- lowing completion of sentence. Colorado The State of Colorado prohibits people with Delaware repealed its permanent ban on voting felony convictions and currently in prison or on for persons convicted of a felony in 2000, parole from voting. In addition, state officials replacing the lifetime prohibition with the five- have interpreted this prohibition to include per- year waiting period.
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District of Columbia Indiana The District of Columbia prohibits people who The State of Indiana prohibits people with are incarcerated for felony convictions from felony convictions and currently in prison from voting. voting. Once an individual has completed his or her sentence, the right to vote is automati- Florida cally restored. The State of Florida prohibits people with felony convictions, and currently on probation, Iowa in prison, or on parole from voting. In addition, The State of Iowa prohibits people with all persons remain disfranchised permanently felony convictions and currently on probation, after the completion of their sentences. Any in prison, or on parole, from voting. In addi- person seeking to regain the right to vote after tion, all persons remain disfranchised perma- the completion of sentence may either apply nently after the completion of sentence. On for a pardon or seek the restoration of his or her July 4, 2005, Governor Vilsack issued an civil rights through the Board of Executive Executive Order that would automatically Clemency. restore the voting rights of all persons con- victed of a felony who have completed their Georgia sentences. In addition, the governor has com- The State of Georgia prohibits people with mitted to continuing this restoration on a felony convictions and currently on proba- monthly basis. Currently, this order is the sub- tion, in prison, or on parole from voting. ject of litigation, but as this report went to Once an individual has completed his or her press, the order was still in effect. Any person sentence, the right to vote is automatically seeking to regain the right to vote after the restored. completion of sentence may either apply for a pardon or seek the restoration of civil rights Hawaii from the governor. The State of Hawaii prohibits people with felony convictions and currently in prison from Kansas voting. Once an individual has completed his The State of Kansas prohibits people with or her sentence, the right to vote is automati- felony convictions and currently on proba- cally restored. tion, in prison, or on parole, from voting. Once an individual has completed his or her Idaho sentence, the right to vote is automatically The State of Idaho prohibits people with felony restored. convictions and currently in prison or on parole from voting. Once an individual has completed Kentucky his or her sentence, the right to vote is auto- The State of Kentucky prohibits people with matically restored. felony convictions and currently on probation, in prison, or on parole from voting. In addition, Illinois all persons remain disfranchised permanently The State of Illinois prohibits people with after the completion of sentence. Any person felony convictions and currently in prison from seeking to regain the right to vote must apply voting. Once an individual has completed his for a pardon from the governor, and recent leg- or her sentence, the right to vote is automati- islation has been passed in order to ease this cally restored. application process.
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Public Education Mandate: In 2001, the legisla- completed his or her sentence, the right to vote ture passed a bill that requires the Department of is automatically restored. The Commonwealth Corrections to inform and aid eligible offenders permitted incarcerated felons to vote until 2000, in completing the civil-rights restoration process. when Massachusetts voters passed an initiative to amend their state Constitution to prohibit Louisiana currently incarcerated people from exercising The State of Louisiana prohibits people with the right to vote. There are no current estimates felony convictions and currently on probation, available of the number of individuals disfran- in prison or on parole from voting. Once an chised in Massachusetts since the law was individual has completed his or her sentence, changed. the right to vote is automatically restored. Michigan Maine The State of Michigan prohibits persons con- The State of Maine permits people with felony victed of a felony or misdemeanor and current- convictions and currently on probation, in ly in prison from voting. Once an individual prison, or on parole to vote. Individuals who has completed his or her sentence, the right to are currently incarcerated vote by absentee bal- vote is automatically restored. lot in the district in which they lived prior to their incarceration. Minnesota The State of Minnesota prohibits people with Maryland felony convictions and currently on probation, The State of Maryland prohibits people with in prison, or on parole from voting. Once an felony convictions and currently on probation, individual has completed his or her sentence, in prison, or on parole from voting. In addition, the right to vote is automatically restored. any person with two or more violent felony convictions will be prohibited from voting. Mississippi Persons convicted of first- or second-time non- The State of Mississippi prohibits people with violent offenses will have the right to vote felony convictions and currently on probation, in automatically restored at the end of a three- prison, or on parole from voting, if convicted of year waiting period that begins at the comple- certain crimes listed in the Mississippi tion of sentence; all outstanding fines and/or Constitution. These include: murder, rape, restitution must be satisfied prior to restoration. bribery, theft, arson, obtaining money or goods For those with two or more violent felony con- under false pretenses, perjury, forgery, embezzle- victions, the only recourse is to apply for a par- ment, or bigamy. In addition, all persons remain don from the governor. disfranchised permanently after the completion of sentence. Any person seeking to regain the Maryland repealed its permanent ban on voting right to vote after the completion of sentence may for persons convicted of first or second offenses apply for a pardon, seek the restoration of civil in 2002, replacing the lifetime prohibition with rights from the governor, or obtain an affirmative the three-year waiting period discussed above. vote from two-thirds of the state legislature.
Massachusetts Missouri The Commonwealth of Massachusetts prohibits The State of Missouri prohibits people with people with felony convictions who are current- felony convictions and currently on probation, ly in prison from voting. Once an individual has in prison, or on parole from voting. Once an
37 Voting While Incarcerated individual has completed his or her sentence, New Jersey the right to vote is automatically restored. The State of New Jersey prohibits people with felony convictions and currently on probation, Montana in prison, or on parole from voting. Once an The State of Montana prohibits people with individual has completed his or her sentence, felony convictions and currently in prison from the right to vote is automatically restored. voting. Once an individual has completed his or her sentence, the right to vote is automati- New Mexico cally restored. The State of New Mexico prohibits people with felony convictions and currently on probation, Nebraska in prison, or on parole from voting. Once indi- The State of Nebraska prohibits people with viduals have completed their sentences, they felony convictions and currently on probation, must submit a certificate of release, document- in prison, or on parole from voting. Until ing that they have done so, to the governor, in recently, people with felony convictions were order to have the right to vote restored. permanently disfranchised unless they applied for and were granted pardons by the Nebraska In 2001, the New Mexico Legislature passed Board of Pardons. Once they have completed legislation repealing the state’s ban on voting their sentences, persons convicted of a felony by people who have completed their sentences. must wait two years until their right to vote is automatically restored. New York The State of New York prohibits people with Nevada felony convictions and currently in prison or on The State of Nevada prohibits people with parole from voting. Once an individual has felony convictions and currently on probation, completed his or her sentence, the right to vote in prison, or on parole from voting. In addi- is automatically restored. tion, any person with multiple convictions, or a first-time violent felony conviction, will be North Carolina prohibited from voting beyond the completion The State of North Carolina prohibits people of sentence. Persons convicted of first-time, with felony convictions and currently on proba- non-violent offenses have their right to vote tion, in prison, or on parole from voting. Once automatically restored upon the completion of an individual has completed his or her sentence, sentence. the right to vote is automatically restored.
In 2003, Nevada passed legislation permitting North Dakota automatic restoration of voting rights for per- The State of North Dakota prohibits people sons convicted of first-time, non-violent with felony convictions and currently in offenses upon the completion of sentence. prison from voting. Once an individual has completed his or her sentence, the right to New Hampshire vote is automatically restored. The State of New Hampshire prohibits people with felony convictions and currently in prison Ohio from voting. Once an individual has completed The State of Ohio prohibits people with his or her sentence, the right to vote is auto- felony convictions and currently in prison matically restored. from voting. Once an individual has complet-
38 An ACLU/Right to Vote Report ed his or her sentence, the right to vote is has completed his or her sentence, the right to automatically restored. vote is automatically restored.
Oklahoma Tennessee The State of Oklahoma prohibits people with The State of Tennessee prohibits people with felony convictions and currently on probation, felony convictions and currently on probation, in prison, or on parole from voting. Once an in prison, or on parole from voting. In addition, individual has completed his or her sentence, Tennessee has a complex set of rules defining the right to vote is automatically restored. which groups of persons are permitted to vote after the completion of sentence. Everybody, Oregon except those convicted of murder, aggravated The State of Oregon prohibits people with rape, treason, or voter fraud, committed after felony convictions and currently in prison from July 1, 1986, or rape after June 30, 1996, may voting. Once an individual has completed his apply to the court of the county of their con- or her sentence, the right to vote is automati- viction or current residence to have their voting cally restored. rights restored after the completion of their sentences. Pennsylvania The State of Pennsylvania prohibits people People convicted of felony, not including mur- with felony convictions and currently in prison der, aggravated rape, treason or voter fraud, from voting. Once an individual has completed between July 1, 1986 and June 30, 1996, seek- his or her sentence, the right to vote is auto- ing to have their right to vote restored must matically restored. contact the board of probation or parole to receive a certificate declaring that they have Rhode Island completed their sentences and are now eligible The State of Rhode Island prohibits people to vote. with felony convictions and currently on pro- bation, in prison, or on parole from voting. Texas Once an individual has completed his or her The State of Texas prohibits people with felony sentence, the right to vote is automatically convictions and currently on probation, in restored. prison, or on parole from voting. Once an indi- vidual has completed his or her sentence, the South Carolina right to vote is automatically restored. The State of South Carolina prohibits people with felony convictions and currently on pro- In 1996, Texas repealed its two-year waiting bation, in prison, or on parole, as well as mis- period requirement for people wishing to demeanants currently incarcerated, from vot- regain voting eligibility after the completion of ing. Once an individual has completed his or sentence. her sentence, the right to vote is automatically restored. Utah The State of Utah prohibits people with felony South Dakota convictions and currently in prison from vot- The State of South Dakota prohibits people ing. Once an individual has completed his or with felony convictions and currently in prison her sentence, the right to vote is automatically or on parole from voting. Once an individual restored.
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Vermont West Virginia The State of Vermont permits people with The State of West Virginia prohibits people felony convictions and currently on probation, with felony convictions and currently on pro- in prison, or on parole to vote. Individuals who bation, in prison, or on parole from voting. are currently incarcerated vote by absentee bal- Once an individual has completed his or her lot in the district in which they lived prior to sentence, the right to vote is automatically their incarceration. restored.
Virginia Wisconsin The Commonwealth of Virginia prohibits peo- The State of Wisconsin prohibits people with ple with felony convictions and currently on felony convictions and currently on probation, probation, in prison, or on parole from voting. in prison, or on parole from voting. Once an In addition, all persons remain disfranchised individual has completed his or her sentence, permanently after the completion of their sen- the right to vote is automatically restored. tences. Anybody seeking to regain his or her right to vote may apply for a certificate of Wyoming “removal of political disabilities” from the The State of Wyoming prohibits people with governor five years after the completion of felony convictions and currently on probation, sentence for conviction of a violent or drug in prison, or on parole from voting. In addition, offense and three years after completion of any person who is a repeat offender or is a first- sentence for conviction of a non-violent time violent offender will remain disfranchised offense. after the completion of sentence, and may only seek to have the right to vote restored through Washington a pardon from the governor. First-time non- The State of Washington prohibits people violent offenders are eligible to apply for with felony convictions and currently on pro- restoration of voting rights five years after the bation, in prison, or on parole from voting. In completion of sentence. addition, all persons convicted on or after July 1, 1984 have the right to vote automatically In 2003, Wyoming enacted a law permitting restored after the completion of sentence with people convicted of a first-time, non-violent a “certificate of discharge” issued by the court offense to regain the right to vote after a five- of conviction. For people convicted prior to year waiting period. July 1, 1984 the restoration process is contin- gent upon the type of release. Those released to parole, upon completion of sentence, may apply for a “certificate of discharge” from the Indeterminate Sentence Review Board. For people who have completed a sentence of pro- bation, the restoration process requires apply- ing to the court of conviction after the com- pletion of sentence in order to restore the right to vote. In addition, any person in the state may apply to the Clemency and Pardons board for a pardon and to restore his or her voting rights.
40 An ACLU/Right to Vote Report Voter Registration Contact Numbers From the League of Women Voters’ Website: www.lwv.org
ALABAMA Elections Division, Montgomery, Ala. (334) 242-7210 http://www.sos.state.al.us/
ALASKA Elections Services, Juneau, Alaska (907) 465-4611 http://www.gov.state.ak.us/ltgov/elections/homepage.html
ARIZONA Elections Services, Phoenix, Ariz. (602) 542-8683 http://www.azsos.gov/election/
ARKANSAS Election Department, Little Rock, Ark. (501) 682-3419 http://www.sosweb.state.ar.us/
CALIFORNIA Elections Division, Sacramento, Calif. (916) 657-2166 www.ss.ca.gov
COLORADO Elections Center, Denver, Colo. (303) 894-2200 http://www.sos.state.co.us/
CONNECTICUT Elections Office, Hartford, Conn. (860) 509-6100 http://www.sots.state.ct.us/
DELAWARE Office of State Election Commissioner, Dover, Del. (800) 273-9500 http://www.state.de.us/election
DISTRICT OF COLUMBIA Board of Elections and Ethics, Washington, D.C. (202) 727-2525 http://www.dcboee.org
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FLORIDA Division of Elections, Tallahassee, Fla. (850) 245-6200 http://dos.state.fl.us
GEORGIA Elections Division, Atlanta, Ga. (404) 656-2871 http://www.sos.state.ga.us
HAWAII Office of Elections, Honolulu, Hawaii (808) 453-8683 http://www.hawaii.gov/elections/index.html
IDAHO Office of Secretary of State for Elections, Boise, Idaho (208) 334-2300 http://www.idsos.state.id.us
ILLINOIS Board of Elections, Springfield, Ill. (217) 782-4141; (312) 814-6440 http://www.elections.state.il.us/
INDIANA Election Division, Indianapolis, lnd. (317) 232-3939 http://www.in.gov/sos
IOWA Voters Elections Center, Des Moines, Iowa (515) 281-5865 http://www.sos.state.ia.us/elections/
KANSAS Elections and Legislative Matters Division of the SOS, Topeka, Kans. (785) 296-4561 http://www.kssos.org/
KENTUCKY State Board of Elections, Frankfort, Ky. (502) 573-7100 http://www.sos.state.ky.us/
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LOUISIANA Elections Division, Baton Rouge, La. (225) 342-4970 http://www.sec.state.la.us/
MAINE Division of Elections, Augusta, Me. (207) 624-7650 http://www.state.me.us/sos/
MARYLAND State Board of Elections, Annapolis, Md. (410) 269-2840 http://www.elections.state.md.us
MASSACHUSETTS Elections Division, Boston, Mass. (617) 727-2828 http://www.state.ma.us/sec/
MICHIGAN Bureau of Elections, Lansing Mich. (517) 373-2540 www.michigan.gov/sos
MINNESOTA Office of Secretary of State, St Paul, Minn. (651) 215-1440 (metro); 1-877-600-8683 (outside metro area) http://www.state.mn.us/ebranch/sos/
MISSISSIPPI Elections Division, Jackson, Miss. (601) 359-6353; (800)-829-6786 http://www.sos.state.ms.us/
MISSOURI Election Services, Jefferson City, Mo. (573) 751-2301 (800) 669-9683 http://www.sos.mo.gov
MONTANA Elections and Legislative Bureau, Helena, Mont. (406) 444-4732; (888) 884-8683 http://sos.state.mt.us/css/index.asp
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NEBRASKA Office of Secretary of State, Election Administration, Lincoln, Neb. (402) 471-2555 http://www.sos.state.ne.us/
NEVADA Office of Secretary of State Elections Division, Carson City, Nev. (775) 684-5705 http://sos.state.nv.us/
NEW HAMPSHIRE Election Division, Concord, N.H. (603) 271-3242 http://www.sos.nh.gov/
NEW JERSEY Office of Attorney General, Elections Division, Department of Law & Public Safety, Trenton, N.J. (609) 292-3760 www.state.nj.us/lps/elections/electionshome.html
NEW MEXICO Secretary of State, Bureau of Elections, Santa Fe, N.M. (505) 827-3600 http://www.sos.state.nm.us/elect.htm
NEW YORK State Board of Elections, Albany, N.Y. (518) 474-6220 http://www.elections.state.ny.us/
NORTH CAROLINA State Board of Elections, Raleigh, N.C. (919) 733-7173 http://www.sboe.state.nc.us/
NORTH DAKOTA Office of Secretary of State, Elections Division, Bismark, N.D. (701) 328-4146 http://www.state.nd.us/ sec
OHIO Office of Secretary of State, Columbus, Ohio (614) 466-2585 http://www.state.oh.us/sos/elecpage.html
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OKLAHOMA State Election Board, Oklahoma City, Okla. (405) 521-2391 www.state.ok.us/-elections/index.html
OREGON Elections Division, Salem, Ore. (503) 986-1518 http://www.sos.state.or.us
PENNSYLVANIA Office of Commissioner of Elections, Harrisburg, Penn. (717) 787-5280 http://www.dos.state.pa.us
RHODE ISLAND Elections Division, Providence, R.I. (401) 222-2340 www.state.ri.us/
SOUTH CAROLINA State Election Commission, Columbia, S.C. (803) 734-9060 http://www.state.sc.us/scsec/
SOUTH DAKOTA Office of Supervisor of Election, Pierre, S.D. (605) 773-3537 www.sdsos.gov
TENNESSEE Division of Elections Office, Nashville, Tenn. (615) 741-7956 http://www.state.tn.us/sos
TEXAS Elections Division, Austin, Texas (512) 463-5650; 800-252-8683 http://www.sos.state.tx.us/
UTAH Office of Director of Elections, Salt Lake City, Utah (801) 538-1041; (800) 995-8683 http://www.elections.utah.gov
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VERMONT Office of Secretary of State, Montpelier, Vt. (802) 828-2363 http://www.sec.state.vt.us
VIRGINIA State Board of Elections, Richmond, Va. (804) 786-6551 http://www.sbe.state.va.us/
WASHINGTON Office of Election Director, Olympia, Wash. (360) 902-4180 http://www.secstate.wa.gov
WEST VIRGINIA Secretary of State, Charleston, W. Va. (304) 558-6000 www.wvsos.com
WISCONSIN State Elections Board, Madison, Wisc. (608) 266-8005 www.elections.state.wi.us
WYOMING Deputy Secretary of State, Cheyenne, Wyo. (307) 777-7640 http://soswy.state.wy.us/
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51 Voting While Incarcerated Media Coverage Honolulu Advertiser, The (HI) August 6, 2004 Pretrial inmates settle in vote case
BY KEN KOBAYASHI, pretrial detainees who tled to vote, but Remmers Advertiser Courts Writer were denied a chance to and the other detainees vote in the 2000 elections. were awaiting trial and had On the day of the 2000 not been convicted of the general election, William The maximum amount for charges. Remmers Jr. was being any detainee would be held at the O`ahu $1,000. Although OCCC held more Community Correctional than 600 pretrial detainees Center awaiting trial on a "They know the rules and in 2000, only a handful felony drunken driving regulations and they got who expressed a desire to charge. He had signed up caught and it costs taxpay- vote and qualified to vote to vote, but when he asked ers money," Remmers, 47, would be entitled to part of for a ballot, the prison a Pälolo resident, said yes- the $5,000. Ronald Vega, staff told him they didn't terday. "It's kinda ignorant the Honolulu lawyer who have one and to file a that with all the rules and filed the suit in behalf of grievance. regulations they are well Remmers and the ACLU, aware of, they don't abide estimated that only a few Remmers did more than by them." dozen might qualify. that. With the encourage- ment of late U.S. Rep. The settlement also calls "I think it's fair," Vega said Patsy Mink and with help for state prison officials to yesterday. "I think the of the American Civil ensure that people in jail ACLU achieved what they Liberties Union of Hawai`i, awaiting trial will be able set out to achieve and in Remmers filed a lawsuit in to vote in future elections. the future the rights of pre- 2002 alleging violations of The settlement must be trial detainees to vote will the constitutional right to approved by a federal judge be preserved." vote for him and at least 10 Nov. 16, but state officials other inmates. say they will be making John Cregor, state deputy sure detainees will be able attorney general who esti- Recently, the ACLU and to vote by mail in the Sept. mated about 30 detainees the state reached an out- 18 and Nov. 2 elections. might qualify, also called of-court settlement that the settlement "fair." He would pay up to $5,000 to Under the law, felons serv- said a "last-minute Remmers and other OCCC ing prison time aren't enti-
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procedural problem devel- the DUI charge, a felony show the public they oped" that included prison because it was his third should be doing the right officials not getting certified offense. He spent a year in thing," he said. people to assist in the voting. jail and said he won't be able to vote this fall A legal notice has been "Obviously, something because his probation published asking anyone went wrong," he said. "The won't be completed until who wants to be part of buck stops at the state so next year. But he intends to the settlement to call we're standing up to our vote in 2006. Vega's office at 524-2000. responsibility." A heavy equipment opera- Reach Ken Kobayashi at He said the state felt the tor and a graduate student kkobayashi@honoluluad- $5,000 was reasonable. in global management at vertiser.com or 525-8030. Court cases indicate the the University of Phoenix denial of a right to vote here, Remmers said he's Copyright (c) The requires more than "nomi- been sober for five years Honolulu Advertiser. All nal" compensation and and regrets the drinking rights reserved. they suggest it ranges from that landed him in jail. "It $100 to $1,000 for each caused too much pain and Reproduced with the per- person, he said. drama," he said. mission of Gannett Co., Inc. by NewsBank, inc. Remmers was convicted But he has no regrets about Record Number: later in November 2000 of his suit. "I just wanted to hon2004080612062528
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