Every Vote Counts: ACLU-NC Campaign Seeks to End Felony Disenfranchisement

Felon disenfranchisement laws remain the most significant means of preventing people of color from having a voice in the political process. Though nearly every state disenfranchises people convicted of a felony offense, there is no uniformity to disenfranchisement provisions nationwide.  This patchwork of laws across the country has led to confusion over who can and cannot vote.

In California, individuals with felony convictions are only disenfranchised while in prison or on parole.  However, there is a great deal of confusion among individuals with felony convictions, public officials, and government agencies about the law.  As a result, many people who are eligible to vote either do not know they are eligible and/or are denied access to the vote.

Because every vote counts, the ACLU-NC is conducting a public education campaign informing individuals with felony convictions of their right to vote.  We are doing extensive outreach, including advertising  and collaborating with California Probation Offices to distribute Know Your Rights information to probationers statewide.  With these materials, we hope to inform individuals with felony convictions of their right to vote prior to the November election.

In addition, the ACLU-NC filed a lawsuit to ensure the voting rights of individuals with felony convictions.  In California there has recently been significant disagreement over whether a particular group--individuals in jail as a condition of felony probation--can vote. 

For over 30 years, the California Secretary of State said that this group could vote.  But, as of November 2005, the California Attorney General issued a contrary opinion, effectively disenfranchising over 145,000 individuals, mainly African-American and Latino men. 

However, the language and legislative history of the California Constitution and Elections Code show a clear intent to disenfranchise only people convicted of a felony offense who are incarcerated in state prison or on parole, not those on felony probation in local county jails.  The ACLU-NC, along with our co-counsel, The Social Justice Law Center, filed a suit to restore voting rights to this wrongfully disenfranchised group.

Voting is one of the most precious rights in our democracy—every Californian should have the opportunity to fully participate in the electoral process.