Jail Voting Policy & PracticeĪ 1974 Supreme Court decision in O’Brien v. The success and expansion of these efforts will improve democracy. This report examines six programs designed to expand voting access for eligible incarcerated citizens. In recent years, some jurisdictions have adopted policies and practices to ensure voting access for persons incarcerated in local jails because of initiatives developed by jail leadership and advocacy organizations. Other racial groups, including Native Americans and Asians, comprise about 2% of the jail population, or 13,000 persons as of 2017. Problems with voting in jail disproportionately impact communities of color since almost half (48%) of persons in jail nationally are African American or Latino. In addition, many persons in jail do not know they maintain the right to vote while incarcerated, and there are few programs to guarantee voting access. Indeed, acquiring voter registration forms or an absentee ballot while incarcerated is challenging when someone cannot use the internet or easily contact the Board of Elections in their community. Jail administrators often lack knowledge about voting laws, and bureaucratic obstacles to establishing a voting process within institutions contribute significantly to limited voter participation. Of the 263,000 who were serving a sentence, the vast majority had been convicted of a misdemeanor offense that does not result in disenfranchisement.ĭespite the fact that most persons detained in jail are eligible to vote, very few actually do. Of the 745,000 1 individuals incarcerated in jail as of 2017 nearly two-thirds (64.7%), or 482,000, were being held pretrial because they had not been able to post bail. Generally, persons are incarcerated in jail pretrial, sentenced to misdemeanor offenses, or are sentenced and awaiting transfer to state prison. In local jails, the vast majority of persons are eligible to vote because they are not currently serving a sentence for a felony conviction. While these disenfranchisement laws have been closely documented for years by advocacy organizations, academics, and lawmakers, the de facto disenfranchisement of people legally eligible to vote in jails has received less attention. Among those excluded are persons in prison, those serving felony probation or parole, and, in 11 states, some or all persons who have completed their sentence. Felony disenfranchisement laws bar millions of Americans from voting due to their felony conviction.
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