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

Every vote counts:
Nearly every state disenfranchises people convicted of a felony offense.  However, 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.  Individuals who have completed their sentence or are on probation are not disenfranchised.  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 or are denied access to the vote.

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.

Victory in California Voting Rights Case:
League of Women Voters of California v. McPherson

In addition, the ACLU-NC, along with The Social Justice Law Center, 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 California Court of Appeals ruled on December 21, 2006 that the voting rights of over 145,000 Californians (mostly young men of color with non-violent felony convictions) will be restored.

“Felony disenfranchisement laws remain the most significant means of preventing people of color from having a voice in the political process,” said Maya Harris, executive director of the ACLU of Northern California. “Every Californian should have the opportunity to fully participate in the electoral process.”

To read more about the case click here.