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Fighting for the Right to Vote

Through the years, there’s been a lot of confusion around the issue of who can and cannot vote in the state of California.

With that in mind, the All of Us or None Voting Rights campaign is focused specifically on California, as voting laws are different in each state. In 2005, LSPC, League of Women Voters and the ACLU filed a lawsuit against the California Secretary of State and won. The ruling in McPherson vs. Davis clearly defines who can vote. People in state or federal prison and people on parole cannot vote. However, anyone otherwise eligible to vote who is serving time for a misdemeanor or felony conviction in a county jail can vote via absentee ballot, as can people on probation and people off parole.

All of Us or None wrote letters to the 58 counties within California that operate jail facilities, asking what their policies were for implementation and education regarding honoring an inmate’s right to vote while in county jail. We received many different responses and found that many weren’t aware that inmates serving time in county jail for felony sentences had the right to vote under California state law.

As a result, All of Us or None set up a meeting with the Secretary of State, presenting her with suggestions on how to go about getting the correct information to eligible inmates. In addition, the ACLU created a pamphlet with instructions on who is eligible to vote in the state of California and how to obtain an absentee ballot while in county jail.

Legal Services for Prisoners with Children and The Center for Children of Incarcerated Parents have also filed a class action suit to extend these voting rights to people presently on parole. A Writ of Mandate was filed on behalf of Ann Marie Taylor, Veronica Briscoe, Audra Kettlewell (Waddell), Darlene Robinson and Pat Caetano on October 30, 2007. At press time, the petition was awaiting ruling in the California Appellate Court.

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