CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 646

Author:(McCarty)

As Amended Ver:July 8, 2020

Majority vote

SUMMARY:

1. Permits a person who is on parole for the conviction of a felony to register to vote and to vote, if voters approve a corresponding constitutional amendment.
2. Deletes provisions of law that prohibit a person who is on parole for the conviction of a felony from voting, registering to vote, or pre-registering to vote and instead, allows a parolee to pre-register, register, and vote.
3. Requires the California Department of Corrections and Rehabilitation to provide each person on parole under its jurisdiction, upon request at any time, information from the Secretary of State (SOS) regarding voting rights for persons with a criminal history.
4. Provides that the provisions of this bill are operative only if ACA 6 (McCarty), Resolution Chapter 24, Statutes of 2020, is approved by the voters.

The Senate Amendments:

Make technical non-substantive changes.

COMMENTS:

Article II, Section 4 of the California Constitution states that "[the] Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony." Elections Code Section 2101 is the statute that implements Article II, Section 4 of the California Constitution. Section 2101 states that "[a] person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election." Moreover, under California law, any person who is imprisoned or on parole for the conviction of a felony is prohibited from voting and elections officials are required to cancel the voter registrations of such individuals. However, a person who is on probation for conviction of a felony is permitted to vote. Once an individual completes parole, then the right to vote is restored and they can re-register to vote.

ACA 6 (McCarty), Resolution Chapter 24, Statutes of 2020, deletes provisions of the California Constitution that provides for the disqualification of electors while on parole for the conviction of a felony. ACA 6 was approved by the Assembly on a 54-19 vote, and approved by the Senate on a 28-9 vote. ACA 6, which is Proposition 17 on the November 2020 statewide general election ballot, would permit a person who is on parole for the conviction of a felony to register to vote and to vote. This bill provides the implementing language if ACA 6 is approved by the voters.

The Senate amendments make technical non-substantive changes to ensure the provisions of this bill match the provisions of ACA 6 (McCarty). This bill as amended in the Senate is consistent with Assembly actions.

According to the Author:

"AB 646 is the companion bill for the Assembly Constitutional Amendment (ACA) 6 Free the Vote Act. This legislation will serve to update any elections code that upon passage of the ACA will correctly indicate that people on parole are able to vote. By returning the vote to otherwise-eligible adults on California parole, AB 646 (with ACA 6) would also serve the state's goal of supporting the successful reintegration of people coming home from prison. States that allow people on parole to vote have lower rates of recidivism; giving people on parole the right to vote gives them a stake in their communities and a voice in the issues that impact their daily lives."

Arguments in Support:

One of the sponsors of this measure, the American Civil Liberties Union of California, writes, "Felony disenfranchisement policies disproportionately impact people of color: three out of four men leaving California prisons today are either African American, Latino, or Asian American. Giving people who have finished their prison sentences access to civic participation is a deeply effective way to assure their successful reintegration. A 2016 study found that formerly incarcerated people in Florida who had their voting rights restored were less likely to commit crimes in the future: 0.4%, compared to an overall recidivism rate of 30%. Finally, blocking people on parole – our neighbors who are working, paying taxes, and raising families in this state – from having a voice [in] the policies that shape their lives undermines our democratic system of government. By disenfranchising people on parole, California misses out not only on their civic contributions but also the participation of other community members with convictions who mistakenly believe that they too are prohibited from voting."

Arguments in Opposition:

In opposition, the Election Integrity Project of California, Inc. writes, "Adherence to the Social Contract is what maintains order and guards against anarchy…Those breaking the Social Contract rightfully surrender their rights under that contract: physical liberty and all other rights of a free person. One of those rights is joining fellow citizens in all decision-making activities relevant to the society, including and especially voting…While on parole, the individual's liberties, such as movement, association, activities and even ownership of certain items are still heavily restricted and regularly monitored by the system…an individual on parole has not regained the full trust of the society at large, nor the privilege to participate as a full member of that society.

"It is argued that restoring voting rights during parole may serve to give parolees a sense of participation and belonging, and thus reduce recidivism. There is NO evidence from which to draw that conclusion….A period of parole gives the former criminal powerful reminder of what true liberty is by withholding just enough of it to incentivize further appropriate behavior so as to earn the rights just beyond the fingertips."

FISCAL COMMENTS:

According to the Senate Appropriations Committee, the SOS indicates that it would incur increased annual General Fund costs of $175,000 for voter registration cards. Additionally, the SOS would need $140,000 (General Fund) on a one-time basis to make requisite changes to VoteCal, the State's centralized voter registration database.

VOTES:

ASM ELECTIONS AND REDISTRICTING: 5-1-1

YES: Berman, Calderon, Low, Mullin, Weber

NO: Gallagher

ABS, ABST OR NV: Mayes

ASM APPROPRIATIONS: 12-5-1

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Gabriel, Eduardo Garcia, Maienschein, Quirk, Robert Rivas

NO: Bigelow, Brough, Megan Dahle, Diep, Fong

ABS, ABST OR NV: Petrie-Norris

ASSEMBLY FLOOR: 48-20-12

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Bonta, Burke, Calderon, Carrillo, Chau, Chiu, Chu, Daly, Eggman, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Jones-Sawyer, Kalra, Kamlager, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Santiago, Mark Stone, Ting, Weber, Wicks, Wood

NO: Bigelow, Boerner Horvath, Brough, Chen, Choi, Cooley, Cunningham, Megan Dahle, Diep, Flora, Fong, Frazier, Kiley, Lackey, Mathis, Melendez, Obernolte, Patterson, Petrie‑Norris, Salas

ABS, ABST OR NV: Cervantes, Cooper, Gallagher, Gray, Irwin, Muratsuchi, Ramos, Rodriguez, Smith, Voepel, Waldron, Rendon

SENATE FLOOR: 29-10-1

YES: Allen, Archuleta, Atkins, Beall, Bradford, Caballero, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Hertzberg, Hill, Hueso, Jackson, Leyva, McGuire, Mitchell, Monning, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk

NO: Bates, Borgeas, Chang, Dahle, Grove, Hurtado, Melendez, Moorlach, Morrell, Nielsen

ABS, ABST OR NV: Jones

UPDATED:

VERSION: July 8, 2020

CONSULTANT: Nichole Becker / E. & R. / (916) 319-2094 FN: 0003315

 THIRD READING  

Bill No: AB 646

Author: McCarty (D), et al.

Amended: 7/8/20 in Senate

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 8/4/20

AYES: Umberg, Hertzberg, Leyva, Stern

NOES: Nielsen

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/20/20

AYES: Portantino, Bradford, Hill, Leyva, Wieckowski

NOES: Bates, Jones

ASSEMBLY FLOOR: 48-20, 1/30/20 - See last page for vote

SUBJECT: Elections: voter eligibility

SOURCE: Secretary of State Alex Padilla

#cut50

ACLU of California

Anti-Recidivism Coalition

Californians United for a Responsible Budget

Initiate Justice

League of Women Voters of California

Legal Services for Prisoners with Children

White People for Black Lives

DIGEST:

This bill provides implementing language if ACA 6 (McCarty, Resolution Chapter 24, Statutes of 2020) is approved by the voters. ACA 6, which is Proposition 17 on the November 2020 general election ballot, permits a person who is on parole for the conviction of a felony to register to vote and to vote.

ANALYSIS:

Existing law:

1. Permits a person who is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election, to register to vote.
2. Requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
3. Permits a person who is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age, to pre-register to vote.
4. Defines the following terms described above:
   1. "Imprisoned" to mean currently serving a state or federal prison sentence.
   2. "Parole" to mean a term of supervision by the Department of Corrections and Rehabilitation.
   3. Provides that "conviction" does not include a juvenile adjudication made pursuant existing law.
5. Requires the county elections official to cancel a person’s affidavit of registration upon proof that the person is presently imprisoned or on parole for the conviction of a felony, as specified.

This bill:

1. Deletes provisions of law that prohibit a person who is on parole for the conviction of a felony from voting, registering to vote, or pre-registering to vote and instead, allows an otherwise eligible person on parole to pre-register, register, and vote.
2. Provides that the provisions of this bill become operative only if ACA 6 (McCarty) is approved by the voters. ACA 6 will appear as Proposition 17 on the November 2020 general election ballot.
3. Makes other technical and conforming changes.

Background

California’s Disenfranchisement Laws. Article II, Section 4 of the California Constitution states that "[the] Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony." Elections Code Section 2101 is the statute that implements Article II, Section 4 of the California Constitution. Section 2101 states that "[a] person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election." As a result, under California law, any person who is imprisoned or on parole for the conviction of a felony is prohibited from voting and elections officials are required to cancel the voter registrations of such individuals. However, a person who is on probation for conviction of a felony is permitted to vote. Once an individual completes parole, then their right to vote is restored and they can re-register to vote and subsequently vote.

Overview of Other States. According to the National Conference of State Legislatures (NCSL), felony disfranchisement laws vary from state-to-state.

In Maine and Vermont, felons never lose their right to vote, even while they are incarcerated. In 16 states and the District of Columbia, felons lose their voting rights only while incarcerated and receive automatic restoration of their voting rights upon release.

In 21 states, felons lose their voting rights during incarceration and for a period of time following incarceration. This is typically while on parole and/or probation. Voting rights are automatically restored following this time period. It should be noted that, depending on the state, former felons may have to pay any outstanding fines, fees, or restitution before their voting rights are restored.

In 11 states, felons lose their voting rights indefinitely for some crimes, require a governor’s pardon in order for their voting rights to be restored, face an additional waiting period after completion of sentence (including parole and probation), or require some other type of action before voting rights can be restored.

Additionally, according to NCSL, states that provide for "automatic restoration" of voting rights does not mean that voter registration is automatic. Typically, prison officials inform election officials that an individual's rights have been restored and the person is responsible for re-registering through normal processes. Some states, like California, require that voter registration information be provided to formerly incarcerated people.

Recent Action by Other States. NCSL also notes that the general trend has been toward reinstating the right to vote at some point. Between 1996 and 2008, 28 states passed new laws on felon voting rights:

• Seven repealed lifetime disenfranchisement laws, at least for some ex-offenders.
• Two gave probationers the right to vote.
• Seven improved data-sharing procedures among state agencies.
• Nine passed requirements that ex-offenders be given information and/or assistance in regaining their voting rights at the time they complete their sentence.
• Twelve simplified the process for regaining voting rights, for instance, by eliminating a waiting period or streamlining the paperwork process.

More recently, in April 2018, New York Governor Andrew Cuomo issued an executive order removing voting rights restrictions for a person on parole.

In November 2018, a citizen initiated constitutional amendment, known as Amendment 4, in Florida restored the right to vote for those with prior felony convictions, with certain exceptions. Subsequently, in 2019, Florida’s Legislature passed and the Governor signed SB 7066. SB 7066 defined “completion of sentence” to include, among other provisions, that full payment of any ordered restitution and the full payment of any ordered fines, fees or costs was required before being a person’s voting rights are restored.

SB 7066 is currently the subject of litigation and is moving through the judicial process. The case (Jones v. DeSantis (N.D. Fla., May 24, 2020, No. 4:19-cv-300-RH/MJF) 2020 WL 2618062) is awaiting a hearing with the 11th U.S. Circuit Court of Appeals. This follows a federal district court decision that ruled that Florida cannot stop felons from voting if they are required to pay court “fees” or “costs” resulting from a felony conviction as a condition of registering to vote and voting is unconstitutional. The ruling also declared unconstitutional the requirement of payment of “restitution” and “fines” resulting from a felony conviction as a condition of registering to vote and voting when applied to individuals who are genuinely unable to pay “restitution” and “fines.” Additionally, the 11th U.S. Circuit Court of Appeals granted Governor DeSantis’ motion to stay the permanent injunction pending appeal.

In May 2019, Colorado enacted HB 1266 giving voting rights to individuals on parole, putting it in the category of states that only disenfranchise those who are in prison. 

Also, in May 2019, Nevada Governor Steve Sisolak signed a bill, AB 431, permitting felons in Nevada the right to vote after being released from prison. Previously, first-time, non-violent offenders could have rights restored upon completion of sentence but those that had committed a violent crime or two or more felonies had to petition a court to grant the restoration of civil rights.

Initiate Justice Survey. In March 2019, Initiate Justice released a report that found there are approximately 162,000 citizens in California (110,000 in state prison, 12,000 in federal prison, and 40,000 on parole) that are currently incarcerated in prisons or on parole for the conviction of a felony that do not have the right to vote. In 2017, Initiate Justice launched a campaign to restore voting rights to California citizens currently incarcerated in state prison or on parole. As part of their campaign, Initiate Justice conducted a survey of its 4,000+ incarcerated members in 35 California state prisons and members on parole.

The survey sought to provide a better understanding on whether individuals incarcerated and on parole wanted to vote, the political issues important to them, ways in which they are currently civically engaged despite being denied the right to vote, and their insights on the types of public investments that could prevent incarceration and promote public safety. The survey received 1,085 responses and found that only 37% voted before incarceration and 98% said they would vote if they could because they want to have a voice in society, feel more connected and contribute positively to their community, and have a say in the political system.

Comments

1. According to the author, “AB 646 is the companion bill for the Assembly Constitutional Amendment (ACA) 6 Free the Vote Act. This legislation will serve to update any elections code that upon passage of the ACA will correctly indicate that people on parole are able to vote. By returning the vote to otherwise-eligible adults on California parole, AB 646 (with ACA 6) would also serve the state’s goal of supporting the successful reintegration of people coming home from prison. States that allow people on parole to vote have lower rates of recidivism; giving people on parole the right to vote gives them a stake in their communities and a voice in the issues that impact their daily lives.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, the Secretary of State (SOS) indicates that it would incur increased annual General Fund costs of $175,000 for voter registration cards. Additionally, SOS would need $140,000 (General Fund) on a one-time basis to make requisite changes to VoteCal, the State’s centralized voter registration database.

SUPPORT: (Verified 8/21/20)

Secretary of State Alex Padilla (co-source)

#cut50 (co-source)

ACLU of California (co-source)

Anti-Recidivism Coalition (co-source)

Californians United for a Responsible Budget (co-source)

Initiate Justice (co-source)

League of Women Voters of California (co-source)

Legal Services for Prisoners with Children (co-source)

White People for Black Lives (co-source)

Anti-Defamation League

Asian Americans Advancing Justice - California

Bend the Arc: Jewish Action

Brennan Center for Justice

California Calls

California Coalition for Women Prisoners

California League of Conservation Voters

California Voices for Progress

Californians for Safety and Justice

Center for Employment Opportunities

Center on Juvenile and Criminal Justice

Community Works

Conference of California Bar Associations

Council on American-Islamic Relations, California

Courage Campaign

Demos

Disability Rights California

East Bay Community Law Center

FairVote California

Friends Committee on Legislation of California

Homie UP

Indivisible CA: StateStrong

Indivisible East Bay

Indivisible Ventura

Interfaith Council of Contra Costa County

Lawyers’ Committee for Civil Rights of the San Francisco Bay Area

LitLab

Los Angeles County Board of Supervisors

National Association of Social Workers, California Chapter

National Center for Youth Law

Project Rebound, California State University Fullerton

RYSE Center

San Francisco District Attorney's Office

Showing Up for Racial Justice Bay Area

Showing Up for Racial Justice Contra Costa County

Speak Out – The Institution for Democratic Education and Culture

Terps for Bay Area Resistance

The Women's Building

Tides Advocacy

United Food and Commercial Workers, Western States Council

University of California Student Association

Vashon-Maury Showing Up for Racial Justice

Voice of the Experienced

Zeta Phi Beta Sorority, Incorporated, State of California Membership

OPPOSITION: (Verified 8/21/20)

Election Integrity Project California

ARGUMENTS IN SUPPORT: In a letter co-sponsoring AB 646, the League of Women Voters of California stated, in part, the following:

Today, Californians may vote if they are in county jail, on probation, or on post-release community supervision, but they are prohibited from voting if they are living in the community on parole. People on parole are working, paying taxes, raising and caring for children, and rebuilding their lives. They are citizens and they deserve to be fully represented.

The time has come to restore the right to vote to people on parole.

ARGUMENTS IN OPPOSITION: In a letter opposing AB 646, the Election Integrity Project California stated, in part, the following:

While on parole, the individual’s liberties, such as movement, association, activities and even ownership of certain items are still heavily restricted and regularly monitored by the system. Any misstep results in immediate re-incarceration. In other words, an individual on parole has not regained the full trust of the society at large, nor the privilege to participate as a full member of that society.

It is argued that restoring voting rights during parole may serve to give parolees a sense of participation and belonging, and thus reduce recidivism. There is NO evidence from which to draw that conclusion. In fact, it is counter-intuitive. A period of parole gives the former criminal powerful reminders of what true liberty is by withholding just enough of it to incentivize further appropriate behavior so as to earn the rights just beyond the fingertips.

ASSEMBLY FLOOR: 48-20, 1/30/20

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Bonta, Burke, Calderon, Carrillo, Chau, Chiu, Chu, Daly, Eggman, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Grayson, Holden, Jones-Sawyer, Kalra, Kamlager, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Santiago, Mark Stone, Ting, Weber, Wicks, Wood

NOES: Bigelow, Boerner Horvath, Brough, Chen, Choi, Cooley, Cunningham, Megan Dahle, Diep, Flora, Fong, Frazier, Kiley, Lackey, Mathis, Melendez, Obernolte, Patterson, Petrie-Norris, Salas

NO VOTE RECORDED: Cervantes, Cooper, Gallagher, Gray, Irwin, Muratsuchi, Ramos, Rodriguez, Smith, Voepel, Waldron, Rendon

Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106

8/21/20 17:30:12

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 646 (McCarty) - Elections: voter eligibility

Bill Summary:

AB 646 would provide implementing language if ACA 6 (McCarty), which is Proposition 17 on the November 2020 General Election ballot, is approved by the voters. Proposition 17 would permit a person who is on parole for the conviction of a felony (1) to register to vote, and (2) to vote.

Fiscal Impact:

SOS indicates that it would incur increased annual General Fund costs of $175,000 for voter registration cards. Additionally, SOS would need $140,000 (General Fund) on a one-time basis to make requisite changes to VoteCal, the State’s centralized voter registration database.

Background:

Under the California Constitution, "[the] Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony." Elections Code Section 2101 is the statute that implements this phrase, Article II, Section 4 of the California Constitution. Section 2101 states that "[a] person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election." Consequently, under current law, any person who is imprisoned or on parole for the conviction of a felony is prohibited from voting, and elections officials are required to cancel the voter registrations of such individuals. However, a person who is on probation for conviction of a felony is permitted to vote. Once an individual completes parole, then their right to vote is restored and they can re-register to vote and subsequently vote.

Data from the National Conference of State Legislatures (NCSL) indicate that felony disfranchisement laws vary across the states. In Maine and Vermont, felons never lose their right to vote, even while they are incarcerated. Alternatively, in 16 states and the District of Columbia, felons lose their voting rights only while incarcerated and receive automatic restoration of their voting rights upon release. In 21 other states, felons lose their voting rights during incarceration and for a period of time following incarceration. This is typically while on parole and/or probation. Voting rights are automatically restored following this time period. Additionally, depending on the state, former felons may have to pay any outstanding fines, fees, or restitution before their voting rights are restored.

In contrast, in 11 states, felons (1) lose their voting rights indefinitely for some crimes, require a governor’s pardon in order for their voting rights to be restored, (2) face an additional waiting period after completion of sentence (including parole and probation), or (3) require some other type of action before voting rights can be restored.

Additionally, according to NCSL, states that provide for "automatic restoration" of voting rights does not mean that voter registration is automatic. Typically, prison officials inform election officials that an individual's rights have been restored; however, the person is responsible for re-registering through normal processes. Some states, like California, require that voter registration information be provided to formerly incarcerated people.

Proposed Law:

The bill would (1) delete provisions of law that prohibit a person who is on parole for the conviction of a felony from voting, registering to vote, or pre-registering to vote. Instead, an otherwise eligible person on parole would be allowed to pre-register, register, and vote. Additionally the bill would provide that its provisions become operative only if Proposition 17 (ACA 6, McCarty) is approved by the voters.

Related Legislation:

• ACA 6 (McCarty, Resolution Chapter 24, Statutes of 2020) permits an otherwise eligible person who is on parole for the conviction of a felony to register to vote and to vote if approved by voters.
• AB 2466 (Weber), Chapter 787, Statutes of 2016, conformed state law to a Superior Court ruling in Scott v. Bowen, in which the court found that individuals on Post-Release Community Supervision and mandatory supervision are eligible to vote under Article II, Section 2 of the California Constitution, as specified.

Staff Comments:

SOS currently has an annual allocation of $825,000 for voter registration cards (VRCs), and is estimating that the total costs to replace VRCs under the bill would be $1 million. Thus, SOS would need $175,000 to implement this portion of the bill.

-- END --

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Thomas Umberg, Chair

2019 - 2020 Regular

Bill No: 646 Hearing Date: 8/4/20

Subject:

DIGEST

This bill provides implementing language if ACA 6 (McCarty), Resolution Chapter 24, Statutes of 2020, is approved by the voters. ACA 6, which is Proposition 17 on the November 2020 general election ballot, would permit a person who is on parole for the conviction of a felony to register to vote and to vote.

ANALYSIS

Existing law:

1. Permits a person who is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election, to register to vote.
2. Requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
3. Permits a person who is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age, to pre-register to vote.
4. Defines the following terms described above:
   1. "Imprisoned" to mean currently serving a state or federal prison sentence.
   2. "Parole" to mean a term of supervision by the Department of Corrections and Rehabilitation.
   3. Provides that "conviction" does not include a juvenile adjudication made pursuant existing law.
5. Requires the county elections official to cancel a person’s affidavit of registration upon proof that the person is presently imprisoned or on parole for the conviction of a felony, as specified.

This bill:

1. Deletes provisions of law that prohibit a person who is on parole for the conviction of a felony from voting, registering to vote, or pre-registering to vote and instead, allows an otherwise eligible person on parole to pre-register, register, and vote.
2. Provides that the provisions of this bill become operative only if ACA 6 (McCarty) is approved by the voters.
3. Makes other technical and conforming changes.

BACKGROUND

California’s Disenfranchisement Laws. Article II, Section 4 of the California Constitution states that "[the] Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony." Elections Code Section 2101 is the statute that implements Article II, Section 4 of the California Constitution. Section 2101 states that "[a] person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election." As a result, under California law, any person who is imprisoned or on parole for the conviction of a felony is prohibited from voting and elections officials are required to cancel the voter registrations of such individuals. However, a person who is on probation for conviction of a felony is permitted to vote. Once an individual completes parole, then their right to vote is restored and they can re-register to vote and subsequently vote.

Initiative Effort. In 2017, Initiate Justice proposed an initiative constitutional amendment entitled, “Eliminates Restrictions on Voting by Felons in Prison or on Parole. Initiative Constitutional Amendment and Statute.” This proposed measure, also known as “The Voting Restoration and Democracy Act of 2018,” sought to amend the California Constitution and eliminate existing restrictions on pre-registering to vote, registering to vote, and voting by persons while they are in prison or on parole for the conviction of a felony. Under the California Constitution, in order to qualify for the ballot, a constitutional amendment petition must contain signatures equal to 8 percent of the most recent gubernatorial vote (585,407 signatures were required at the time). The ballot measure did not obtain the necessary signatures and failed to qualify for the ballot.

Overview of Other States. According to the National Conference of State Legislatures (NCSL), felony disfranchisement laws vary from state-to-state.

In Maine and Vermont, felons never lose their right to vote, even while they are incarcerated. In 16 states and the District of Columbia, felons lose their voting rights only while incarcerated and receive automatic restoration of their voting rights upon release.

In 21 states, felons lose their voting rights during incarceration and for a period of time following incarceration. This is typically while on parole and/or probation. Voting rights are automatically restored following this time period. It should be noted that, depending on the state, former felons may have to pay any outstanding fines, fees, or restitution before their voting rights are restored.

In 11 states, felons lose their voting rights indefinitely for some crimes, require a governor’s pardon in order for their voting rights to be restored, face an additional waiting period after completion of sentence (including parole and probation), or require some other type of action before voting rights can be restored.

Additionally, according to NCSL, states that provide for "automatic restoration" of voting rights does not mean that voter registration is automatic. Typically, prison officials inform election officials that an individual's rights have been restored and the person is responsible for re-registering through normal processes. Some states, like California, require that voter registration information be provided to formerly incarcerated people.

Recent Action by Other States. NCSL also notes that the general trend has been toward reinstating the right to vote at some point. Between 1996 and 2008, 28 states passed new laws on felon voting rights:

• Seven repealed lifetime disenfranchisement laws, at least for some ex-offenders.
  
• Two gave probationers the right to vote.
  
• Seven improved data-sharing procedures among state agencies.
  
• Nine passed requirements that ex-offenders be given information and/or assistance in regaining their voting rights at the time they complete their sentence.
  
• Twelve simplified the process for regaining voting rights, for instance, by eliminating a waiting period or streamlining the paperwork process.
  

More recently, in April 2018, New York Governor Andrew Cuomo issued an executive order removing voting rights restrictions for a person on parole.

In November 2018, a citizen initiated constitutional amendment, known as Amendment 4, in Florida restored the right to vote for those with prior felony convictions, with certain exceptions. Subsequently, in 2019, Florida’s Legislature passed and the Governor signed SB 7066. SB 7066 defined “completion of sentence” to include, among other provisions, that full payment of any ordered restitution and the full payment of any ordered fines, fees or costs was required before being a person’s voting rights are restored. SB 7066 is currently the subject of litigation and is moving through the judicial process. The case (Jones v. DeSantis (N.D. Fla., May 24, 2020, No. 4:19-cv-300-RH/MJF) 2020 WL 2618062) is awaiting a hearing with the 11th U.S. Circuit Court of Appeals. This follows a federal district court decision that ruled that Florida cannot stop felons from voting if they are required to pay court “fees” or “costs” resulting from a felony conviction as a condition of registering to vote and voting is unconstitutional. The ruling also declared unconstitutional the requirement of payment of “restitution” and “fines” resulting from a felony conviction as a condition of registering to vote and voting when applied to individuals who are genuinely unable to pay “restitution” and “fines.” Additionally, the 11th U.S. Circuit Court of Appeals granted Governor DeSantis’ motion to stay the permanent injunction pending appeal.

In May 2019, Colorado enacted HB 1266 giving voting rights to individuals on parole, putting it in the category of states that only disenfranchise those who are in prison. 

Also, in May 2019, Nevada Governor Steve Sisolak signed a bill, AB 431, permitting felons in Nevada the right to vote after being released from prison. Previously, first-time, non-violent offenders could have rights restored upon completion of sentence but those that had committed a violent crime or two or more felonies had to petition a court to grant the restoration of civil rights.

Initiate Justice Survey. In March 2019, Initiate Justice released a report that found there are approximately 162,000 citizens in California (110,000 in state prison, 12,000 in federal prison, and 40,000 on parole) that are currently incarcerated in prisons or on parole for the conviction of a felony that do not have the right to vote. In 2017, Initiate Justice launched a campaign to restore voting rights to California citizens currently incarcerated in state prison or on parole. As part of their campaign, Initiate Justice conducted a survey of its 4,000+ incarcerated members in 35 California state prisons and members on parole. The survey sought to provide a better understanding on whether individuals incarcerated and on parole wanted to vote, the political issues important to them, ways in which they are currently civically engaged despite being denied the right to vote, and their insights on the types of public investments that could prevent incarceration and promote public safety. The survey received 1,085 responses and found that only 37% voted before incarceration and 98% said they would vote if they could because they want to have a voice in society, feel more connected and contribute positively to their community, and have a say in the political system.

COMMENTS

1. According to the Author: AB 646 is the companion bill for the Assembly Constitutional Amendment (ACA) 6 Free the Vote Act. This legislation will serve to update any elections code that upon passage of the ACA will correctly indicate that people on parole are able to vote. By returning the vote to otherwise-eligible adults on California parole, AB 646 (with ACA 6) would also serve the state’s goal of supporting the successful reintegration of people coming home from prison. States that allow people on parole to vote have lower rates of recidivism; giving people on parole the right to vote gives them a stake in their communities and a voice in the issues that impact their daily lives.
2. Argument in Support. In a letter co-sponsoring AB 646, the League of Women Voters of California stated, in part, the following:

Today, Californians may vote if they are in county jail, on probation, or on post-release community supervision, but they are prohibited from voting if they are living in the community on parole. People on parole are working, paying taxes, raising and caring for children, and rebuilding their lives. They are citizens and they deserve to be fully represented.

The time has come to restore the right to vote to people on parole.

1. Argument in Opposition. In a letter opposing AB 646, the Election Integrity Project California, Inc. stated, in part, the following:

While on parole, the individual’s liberties, such as movement, association, activities and even ownership of certain items are still heavily restricted and regularly monitored by the system. Any misstep results in immediate re-incarceration. In other words, an individual on parole has not regained the full trust of the society at large, nor the privilege to participate as a full member of that society.

It is argued that restoring voting rights during parole may serve to give parolees a sense of participation and belonging, and thus reduce recidivism. There is NO evidence from which to draw that conclusion. In fact, it is counter-intuitive. A period of parole gives the former criminal powerful reminders of what true liberty is by withholding just enough of it to incentivize further appropriate behavior so as to earn the rights just beyond the fingertips.

RELATED/PRIOR LEGISLATION

ACA 6 (McCarty), Resolution Chapter 24, Statutes of 2020, permits an otherwise eligible person who is on parole for the conviction of a felony to register to vote and to vote if approved by voters.

AB 2466 (Weber), Chapter 787, Statutes of 2016, conformed state law to a Superior Court ruling in Scott v. Bowen, in which the court found that individuals on Post-Release Community Supervision and mandatory supervision are eligible to vote under Article II, Section 2 of the California Constitution, as specified.

PRIOR ACTION

POSITIONS

Sponsors: Secretary of State Alex Padilla

#cut50

All of Us or None

ACLU of California

Anti-Recidivism Coalition

Californians United for a Responsible Budget

Initiate Justice

League of Women Voters of California

Legal Services for Prisoners with Children

People Over Profits - San Diego

Vote Allies

White People for Black Lives

Support: Anti-Defamation League

Asian Americans Advancing Justice - California
Bend the Arc: Jewish Action
Brennan Center for Justice
California Calls Action Fund
California Coalition for Women Prisoners
California for Safety and Justice
California League of Conservation Voters
California Voices for Progress
Center for Employment Opportunities

Center on Juvenile and Criminal Justice
Community Works
Conference of California Bar Associations
Council on American-Islamic Relations, California
Courage Campaign
Demos
East Bay Community Law Center
FairVote California
Friends Committee on Legislation of California
Homie Up
Indivisible Ca: Statestrong
Indivisible East Bay
Indivisible Ventura
Institute for Democratic Education and Culture
Interfaith Council of Contra Costa County
Lawyers Committee for Civil Rights of The San Francisco Bay Area
Literacy Lab
Los Angeles County Board of Supervisors
National Association of Social Workers, California Chapter
National Center for Youth Law
Project Rebound, California State University Fullerton

Ryse Center
San Francisco District Attorney's Office
Showing Up for Racial Justice Bay Area

Speak Out
SURJ Contra Costa County

Terps for Bay Area Resistance
The Women's Building
Tides Advocacy
United Food and Commercial Workers, Western States Council
University of California Student Association

Vashon-Maury SURJ
Voice of the Experienced

Voices for Progress
Zeta Phi Beta Sorority, Incorporated, State of California Membership

Oppose: Election Integrity Project California

-- END --

(Without Reference to File)

ASSEMBLY THIRD READING

ATR Bill Id:AB 646

Author:(McCarty)

As Amended Ver:January 23, 2020

Majority vote

SUMMARY:

Permits a person who is on parole for the conviction of a felony to register to vote and to vote, if voters approve a corresponding constitutional amendment.

Major Provisions

1. Deletes provisions of law that prohibit a person who is on parole for the conviction of a felony from voting, registering to vote, or pre-registering to vote and instead, allows a parolee to pre-register, register, and vote.
2. Requires the California Department of Corrections and Rehabilitation (CDCR) to provide each person on parole under its jurisdiction, upon request at any time, information from the Secretary of State (SOS) regarding voting rights for persons with a criminal history.
3. Provides that the provisions of this bill are operative only if ACA 6 (McCarty) of the current legislative session is approved by the voters.

COMMENTS:

Article II, Section 4 of the California Constitution states that "[the] Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony." Elections Code Section 2101 is the statute that implements Article II, Section 4 of the California Constitution. Section 2101 states that "[a] person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election." Moreover, under California law, any person who is imprisoned or on parole for the conviction of a felony is prohibited from voting and elections officials are required to cancel the voter registrations of such individuals. However, a person who is on probation for conviction of a felony is permitted to vote. Once an individual completes parole, then the right to vote is restored and they can re-register to vote.

ACA 6 (McCarty), deletes provisions of the California Constitution that provides for the disqualification of electors while on parole for the conviction of a felony. ACA 6 was approved by the Assembly on a 54-19 vote, and is awaiting referral to committee by the Senate Rules Committee.

According to the Author:

"AB 646 is the companion bill for the Assembly Constitutional Amendment (ACA) 6 Free the Vote Act. This legislation will serve to update any elections code that upon passage of the ACA will correctly indicate that people on parole are able to vote. By returning the vote to otherwise-eligible adults on California parole, AB 646 (with ACA 6) would also serve the state's goal of supporting the successful reintegration of people coming home from prison. States that allow people on parole to vote have lower rates of recidivism; giving people on parole the right to vote gives them a stake in their communities and a voice in the issues that impact their daily lives."

Arguments in Support:

One of the sponsors of this measure, the American Civil Liberties Union of California, writes, "Felony disenfranchisement policies disproportionately impact people of color: three out of four men leaving California prisons today are either African American, Latino, or Asian American. Giving people who have finished their prison sentences access to civic participation is a deeply effective way to assure their successful reintegration. A 2016 study found that formerly incarcerated people in Florida who had their voting rights restored were less likely to commit crimes in the future: 0.4%, compared to an overall recidivism rate of 30%. Finally, blocking people on parole – our neighbors who are working, paying taxes, and raising families in this state – from having a voice [in] the policies that shape their lives undermines our democratic system of government. By disenfranchising people on parole, California misses out not only on their civic contributions but also the participation of other community members with convictions who mistakenly believe that they too are prohibited from voting."

Arguments in Opposition:

In opposition, the Election Integrity Project of California, Inc. writes, "Adherence to the Social Contract is what maintains order and guards against anarchy…Those breaking the Social Contract rightfully surrender their rights under that contract: physical liberty and all other rights of a free person. One of those rights is joining fellow citizens in all decision-making activities relevant to the society, including and especially voting…While on parole, the individual's liberties, such as movement, association, activities and even ownership of certain items are still heavily restricted and regularly monitored by the system…an individual on parole has not regained the full trust of the society at large, nor the privilege to participate as a full member of that society.

"It is argued that restoring voting rights during parole may serve to give parolees a sense of participation and belonging, and thus reduce recidivism. There is NO evidence from which to draw that conclusion….A period of parole gives the former criminal powerful reminder of what true liberty is by withholding just enough of it to incentivize further appropriate behavior so as to earn the rights just beyond the fingertips."

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

1. Increased annual SOS costs of $175,000 for voter registration cards and $140,000 for changes to VoteCal (General Fund).
2. CDRC costs are minor and absorbable.

VOTES:

ASM ELECTIONS AND REDISTRICTING: 5-1-1

YES: Berman, Calderon, Low, Mullin, Weber

NO: Gallagher

ABS, ABST OR NV: Mayes

ASM APPROPRIATIONS: 12-5-1

YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Gabriel, Eduardo Garcia, Maienschein, Quirk, Robert Rivas

NO: Bigelow, Brough, Megan Dahle, Diep, Fong

ABS, ABST OR NV: Petrie-Norris

UPDATED:

VERSION: January 23, 2020

CONSULTANT: Nichole Becker / E. & R. / (916) 319-2094 FN: 0002636

Date of Hearing: April 24, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 646

Author:(McCarty) – As Amended Ver:March 13, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill permits a parolee to vote. Specifically, this bill:

1. Deletes provisions of law that prohibit a person who is on parole for the conviction of a felony from voting, registering to vote or pre-registering to vote.
2. Requires the Department of Corrections and Rehabilitation (CDCR) to provide each parolee under its jurisdiction, upon request at any time, information from the Secretary of State (SOS) regarding voting rights for persons with a criminal history.
3. Provides that the provisions of this bill are operative only if ACA 6 (McCarty) is approved by the voters.
4. Makes other technical and conforming changes.

FISCAL EFFECT:

1. Increased annual SOS costs of $175,000 for voter registration cards and $140,000 for changes to VoteCal (General Fund).
2. CDRC costs are minor and absorbable.

COMMENTS:

1. Background and Purpose. The California Constitution states requires the Legislature to prohibit improper practices that affect elections and provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.

Statute specifies a person entitled to register to vote must be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election. Current law requires elections officials to cancel the voter registrations of individuals imprisoned or on parole for the conviction of a felony. Once an individual completes parole, the right to vote is restored and the individual can re-register to vote In contrast, current law allows an individual on probation for conviction of a felony to vote.

This bill returns the right to vote to otherwise eligible adults on California parole.

CDCR is required to provide each parolee under its jurisdiction, upon request, with information from the SOS regarding voting rights for persons with a criminal history. This bill instead requires CDCR to provide the information at any time during the parole, if requested by the parolee.

1. Related Legislation. ACA 6 (McCarty) deletes provisions of the California Constitution that provide for the disqualification of electors while on parole for the conviction of a felony. This bill is the statutory companion for the constitutional amendment and becomes operative only if ACA 6 is approved by the voters. ACA 6 is awaiting referral by the Assembly Rules Committee.
2. Other States and Felony Disenfranchisement. According to a 2018 report by the National Conference of State Legislatures (NCSL), in two states –Maine and Vermont— felons never lose their right to vote, even while incarcerated. In 14 states and the District of Columbia, felons lose their voting rights only while incarcerated. In 22 states, felons lose their voting rights during incarceration, and for a period of time after, typically while on parole or probation. In 12 states, felons lose their voting rights indefinitely for some crimes, or require a governor’s pardon in order for their voting rights to be restored, or face an additional waiting period after completion of sentence (including parole and probation) before voting rights can be restored.
   
   According to NCSL, in states that provide an "automatic restoration" of voting rights, it does not mean that voter registration is automatic. Typically, prison officials inform election officials that an individual's rights have been restored and the individual is responsible for re-registering through normal processes. Some states, like California, require voter registration information be provided to formerly incarcerated people upon the completion of parole.
   
   
   
   

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 10, 2019

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Marc Berman, Chair

ABPCA Bill Id:AB 646 (

Author:McCarty) – As Amended Ver:March 13, 2019

SUBJECT: Elections: voter eligibility.

SUMMARY: Permits a person who is on parole for the conviction of a felony to register to vote and to vote, if voters approve a corresponding constitutional amendment. Specifically, this bill:

1. Deletes provisions of law that prohibit a person who is on parole for the conviction of a felony from voting, registering to vote, or pre-registering to vote and instead, allows a parolee to pre-register, register, and vote.
2. Provides that the provisions of this bill are operative only if ACA 6 (McCarty) is approved by the voters.
3. Makes other technical and conforming changes.

EXISTING LAW:

1. Permits a person who is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election, to register to vote.
2. Requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
3. Permits a person who is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age, to pre-register to vote.
4. Defines the following terms described above:
   1. "Imprisoned" to mean currently serving a state or federal prison sentence.
   2. "Parole" to mean a term of supervision by the Department of Corrections and Rehabilitation.
   3. Provides that "conviction" does not include a juvenile adjudication made pursuant existing law.
5. Requires the county elections official to cancel a person’s affidavit of registration upon proof that the person is presently imprisoned or on parole for the conviction of a felony.

FISCAL EFFECT: Unknown

COMMENTS:

1. Purpose of the Bill: According to the author:

AB 646 is the companion bill for the Assembly Constitutional Amendment (ACA) 6 Free the Vote Act. This legislation will serve to update any elections code that upon passage of the ACA will correctly indicate that people on parole are able to vote. By returning the vote to otherwise-eligible adults on California parole, AB 646 (with ACA 6) would also serve the state’s goal of supporting the successful reintegration of people coming home from prison. States that allow people on parole to vote have lower rates of recidivism; giving people on parole the right to vote gives them a stake in their communities and a voice in the issues that impact their daily lives.

1. California Disenfranchisement Laws: Article II, Section 4 of the California Constitution states that "[the] Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony." Elections Code Section 2101 is the statute that implements Article II, Section 4 of the California Constitution. Section 2101 states that "[a] person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election." Moreover, under California law, any person who is imprisoned or on parole for the conviction of a felony is prohibited from voting and elections officials are required to cancel the voter registrations of such individuals. However, a person who is on probation for conviction of a felony is permitted to vote. Once an individual completes parole, then the right to vote is restored and they can re-register to vote.
   
2. Citizen Initiative Effort: In 2017, Initiate Justice proposed an initiative constitutional amendment, entitled “Eliminates Restrictions on Voting by Felons in Prison or on Parole Initiative Constitutional Amendment and Statute,” to change the California Constitution and eliminate existing restrictions on pre-registering to vote, registering to vote, and voting by persons while they are in prison or on parole for the conviction of a felony. Under the California Constitution, in order to qualify for the ballot, a constitutional amendment petition must contain signatures equal to 8 percent of the most recent gubernatorial vote (585,407 signatures were required at the time). The ballot measure did not obtain the necessary signatures and failed to qualify for the ballot.
   
3. States and Felony Disenfranchisement: According to a 2018 report by the National Conference of State Legislatures (NCSL), understanding felony disfranchisement laws can be challenging as the laws vary tremendously across states. The NCSL report points out that in two states - Maine and Vermont - felons never lose their right to vote, even while they are incarcerated. In 14 states and the District of Columbia, felons lose their voting rights only while incarcerated. In 22 states, felons lose their voting rights during incarceration, and for a period of time after, typically while on parole and/or probation. In 12 states, felons lose their voting rights indefinitely for some crimes, or require a governor’s pardon in order for their voting rights to be restored, or face an additional waiting period after completion of sentence (including parole and probation) before voting rights can be restored.
   
   According to NCSL, states that provide for "automatic restoration" of voting rights does not mean that voter registration is automatic. Typically, prison officials inform election officials that an individual's rights have been restored and the person is responsible for re-registering through normal processes. Some states, like California, require that voter registration information be provided to formerly incarcerated people.
   
   The report also points out that the general trend has been toward reinstating the right to vote at some point. Between 1996 and 2008, 28 states passed new laws on felon voting rights:

• Seven repealed lifetime disenfranchisement laws, at least for some ex-offenders.
  
• Two gave probationers the right to vote.
  
• Seven improved data-sharing procedures among state agencies.
  
• Nine passed requirements that ex-offenders be given information and/or assistance in regaining their voting rights at the time they complete their sentence.
  
• Twelve simplified the process for regaining voting rights, for instance, by eliminating a waiting period or streamlining the paperwork process.

More recently, last year in Florida a citizen initiated constitutional amendment restored the right to vote for those with prior felony convictions, with certain exceptions. Additionally, the New York Governor issued an executive order removing the restrictions on parolees’ right to vote and Louisiana passed a bill allowing any person who has not been incarcerated in the last 5 years (those on probation or parole) to be able to vote.

1. Initiate Justice Survey: According to a March 2019 report by Initiate Justice, there are approximately 162,000 citizens in the state (110,000 in state prison, 12,000 in federal prison, and 40,000 on parole) that are currently incarcerated in state prisons or on parole for the conviction of a felony that do not have the right to vote. In 2017, Initiate Justice launched a campaign to restore voting rights to California citizens who are currently incarcerated in state prison or on parole. As part of their campaign, Initiate Justice conducted a survey of its 4,000+ incarcerated members in 35 California state prisons and members on parole to better understand whether those who are incarcerated and on parole want to be able to vote, the political issues they care about most, ways in which they are currently civically engaged despite being denied the right to vote, and their insights on the types of public investments that could prevent incarceration and promote public safety. The survey received 1,085 responses and found that only 37% voted before incarceration and 98% said they would vote if they could because they want to have a voice in society, feel more connected and contribute positively to their community, and have a say in our political system.
2. Arguments in Support: One of the sponsors of this measure, the American Civil Liberties Union of California, writes:

Felony disenfranchisement policies disproportionately impact people of color: three out of four men leaving California prisons today are either African American, Latino, or Asian American. Giving people who have finished their prison sentences access to civic participation is a deeply effective way to assure their successful reintegration. A 2016 study found that formerly incarcerated people in Florida who had their voting rights restored were less likely to commit crimes in the future: 0.4%, compared to an overall recidivism rate of 30%. Finally, blocking people on parole – our neighbors who are working, paying taxes, and raising families in this state – from having a voice [in] the policies that shape their lives undermines our democratic system of government. By disenfranchising people on parole, California misses out not only on their civic contributions but also the participation of other community members with convictions who mistakenly believe that they too are prohibited from voting.

Last year, both Florida and Louisiana rolled backed their bans on voting for formerly incarcerated people. During just this legislative session 20 states have introduced bills to improve voting rights for people with felony convictions.

1. Related Legislation: ACA 6 (McCarty), deletes provisions of the California Constitution that provides for the disqualification of electors while on parole for the conviction of a felony. ACA 6 is awaiting referral from the Assembly Rules Committee.
   
   AB 787 (Gipson), also being heard in this committee today, requires a county or city and county that operates a jail facility to allow organizations to conduct in-person voter registration activities, as specified.
2. Previous Legislation: AB 2466 (Weber), Chapter 787, Statutes of 2016, conformed state law to the Superior Court ruling in Scott v. Bowen, in which the court found that individuals on post-release community supervision and mandatory supervision are eligible to vote under Article II, Section 2 of the California Constitution, as specified, and made other significant changes to voter eligibility provisions of law, as specified.

REGISTERED SUPPORT / OPPOSITION:

Support

American Civil Liberties Union of California (co-sponsor)

Californians United for a Responsible Budget (co-sponsor)

Initiate Justice (co-sponsor)

League of Women Voters of California (co-sponsor)

Asian Americans Advancing Justice – California

Bend the Arc: Jewish Action

California Calls

California Coalition for Women Prisoners

Californians for Safety and Justice

California League of Conservation Voters

Center for Employment Opportunities

Community Works

Council on American-Islamic Relations, California

Courage Campaign

Dēmos

East Bay Community Law Center

FairVote

Friends Committee on Legislation of California

Indivisible CA: StateStrong – a coalition of the following Indivisible groups:

All Rise Alameda

Audaz – Indivisible District 40

Building the Base Face to Face

Cloverdale Indivisible

Contra Costa MoveOn

Defending Our Future: Indivisible CA 52

El Cerrito Progressives

Feminists in Action Los Angeles

Indi Squared

Indivisible 30/Keep Sherman Accountable

Indivisible 36

Indivisible 41

Indivisible CA-3

Indivisible CA29

Indivisible CA-33

Indivisible CA-37

Indivisible CA-39

Indivisible CA-43

Indivisible East Bay

Indivisible Marin

Indivisible Media City Burbank

Indivisible Normal Heights

Indivisible North Oakland Resistance

Indivisible North San Diego County

Indivisible OC 46

Indivisible OC 48

Indivisible Sacramento

Indivisible San Bernardino

Indivisible San Jose

Indivisible Sausalito

Indivisible Sebastopol

Indivisible SF

Indivisible SF Peninsula and CA-14

Indivisible Sonoma County

Indivisible South Bay LA

Indivisible Stanislaus

Indivisible Suffragists

Indivisible Ventura

Indivisible Windsor

Indivisible Yolo

Indivisible: San Diego Central

Indivisibles of Sherman Oaks

Livermore Indivisible

Mill Valley Community Action Network

Nothing Rhymes with Orange

Orchard City Indivisible

Orinda Progressive Action Alliance

Our Revolution Long Beach

RiseUp

Santa Cruz Indivisible

SFV Indivisible

Tehama Indivisible

The Resistance Northridge

The Resistance Sacramento/Elk Grove

TWW/Indivisible – Los Gatos

Vallejo-Benicia Indivisible

Venice Resistance

Women’s Alliance Los Angeles
Indivisible East Bay
Indivisible Ventura

Institute for Democratic Education and Culture dba SpeakOut

Interfaith Council of Contra Costa

Lawyers’ Committee for Civil Rights of the San Francisco Bay Area

LitLab

National Center for Youth Law

RYSE

Showing Up for Racial Justice Bay Area

SURJ Contra Costa County

Tides Advocacy

University of California Student Association

Voice of the Experienced

Women’s Building of San Francisco

Zeta Phi Beta Sorority, California membership

Opposition

None on file.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094