Voting rights are an essential component of democracy, giving citizens a voice in the political process. However, those who have been or are currently incarcerated often face confusion about their eligibility to vote. In California, there have been significant reforms in recent years that have expanded voting rights for formerly incarcerated individuals. This guide provides a clear understanding of the voting rights of incarcerated and formerly incarcerated individuals in California.
Who Can Vote in California?
California has specific laws that outline who can vote, especially for those with criminal convictions. As per California law, you are eligible to vote if:
- You are a U.S. citizen.
- You are a resident of California.
- You are at least 18 years old on Election Day.
- You are not currently serving a state prison sentence for a felony conviction.
- You are not found mentally incompetent by a court.
Voting Rights for Formerly Incarcerated Individuals
If you have completed your felony sentence, including any parole or probation requirements, your right to vote in California is automatically restored. You do not need to reapply or go through any formal processes to regain your voting rights.
Even if you are currently on probation, mandatory supervision, or post-release community supervision, you can vote in California. This is important because many individuals mistakenly believe that probation or community supervision disqualifies them from voting.
Key Points to Remember:
- If you were previously incarcerated for a felony and have completed your sentence, you can vote.
- You do not need to submit any additional documentation to restore your voting rights after completing your sentence.
Voting Rights for Those Currently Incarcerated
The rules differ for individuals currently serving time. If you are currently incarcerated in a county jail for a misdemeanor or while awaiting trial, you retain your right to vote. Misdemeanor convictions do not strip you of your voting rights in California.
You can also vote if you are serving time in a county jail as part of a felony sentence under realignment (AB 109). However, if you are incarcerated in state prison for a felony conviction, you are not eligible to vote while serving your sentence.
Key Points to Remember:
- You can vote if you are incarcerated in a county jail for a misdemeanor or awaiting trial.
- You cannot vote if you are serving a felony sentence in state prison.
- You can vote if you are serving time under realignment in county jail.
Registering to Vote While Incarcerated
For individuals eligible to vote while incarcerated, the process to register and cast a ballot can still be challenging. In California, you can register to vote from jail, and there are resources available to help you do so.
- Register Online: You can register to vote online through the California Secretary of State’s website, provided you have access to the internet and proper identification.
- Paper Registration: If online registration is not possible, jail facilities often provide paper voter registration forms.
- Mail-in Ballots: If you are incarcerated but eligible to vote, you can request a mail-in ballot to cast your vote by mail.
It is essential to check with your facility’s policies or with local election officials to ensure that you are properly registered and receive your ballot in time for Election Day.
Recent Changes in Voting Laws for Formerly Incarcerated
In November 2020, California voters approved Proposition 17, which restored the right to vote to individuals on parole. Before this law, anyone on parole was barred from voting until their parole was completed. However, Proposition 17 now allows people on parole to register and vote in elections while they are still under supervision.
This expansion of voting rights reflects a growing movement toward re-enfranchising those who have served their time and are reintegrating into society.
Key Changes with Proposition 17:
- People on parole can now vote in California.
- Voting rights are restored automatically upon release from state prison, even if parole is ongoing.
How to Restore Your Voting Rights
If you are a formerly incarcerated individual, regaining your voting rights in California is automatic once you have completed your felony sentence, including parole. However, you must re-register to vote. You can do this online or by filling out a voter registration form.
To restore your voting rights:
- Check your eligibility: If you are no longer serving a state prison sentence or on parole, you are eligible to vote.
- Register to vote: Complete the voter registration process either online or by submitting a paper form.
- Stay informed: Ensure that you are aware of upcoming elections and your local polling place.
Conclusion
California’s voting laws ensure that formerly incarcerated individuals have the opportunity to participate in elections, empowering them to reintegrate into civic life. Whether you are on parole, probation, or have completed your sentence, you have the right to vote in California. If you are currently incarcerated for a misdemeanor or under realignment, you also retain this fundamental right. Staying informed about your rights is the key to making your voice heard in the democratic process.
By understanding and exercising your voting rights, you contribute to shaping the policies and leaders that will impact your future and your community.
