ACA 6: Elections: disqualification of electors.
- Session Year: 2019-2020
- House: Assembly
- Latest Version Date: 2020-06-25
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Date
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Status
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| Jun 25, 2020 | Chaptered by Secretary of State - Res. Chapter 24, Statutes of 2020. |
| Jun 25, 2020 | Enrolled and filed with the Secretary of State at 4 p.m. |
| Jun 24, 2020 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 24, 2020 | Read third time. Adopted. (Ayes 28. Noes 9. Page 3816.) |
| Jun 23, 2020 | From committee: Be adopted. (Ayes 5. Noes 1.) (June 23). |
| Jun 22, 2020 | Joint Rule 61 suspended. (Ayes 29. Noes 10. Page 3799.) |
| Jun 18, 2020 | From committee: Be adopted, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 1.) (June 18). Re-referred to Com. on APPR. |
| Jun 15, 2020 | Referred to Com. on E. & C.A. |
| Sep 5, 2019 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Sep 5, 2019 | Read third time. Adopted. |
| Jul 11, 2019 | Read second time. Ordered to third reading. |
| Jul 10, 2019 | From committee: Be adopted. (Ayes 12. Noes 3.) (July 10). |
| Jun 20, 2019 | From committee: Be adopted, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 1.) (June 19). Re-referred to Com. on APPR. |
| Jun 13, 2019 | Re-referred to Com. on E. & R. |
| Jun 12, 2019 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended. |
| May 24, 2019 | Referred to Com. on E. & R. |
| Jan 29, 2019 | From printer. May be heard in committee February 28. |
| Jan 28, 2019 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Jun 24, 2020 | Assembly 3rd Reading ACA6 McCarty et al. By Bradford | Senate Floor |
Passed |
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| Jun 23, 2020 | Be adopted | Senate Standing Committee on Appropriations |
Passed |
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| Jun 18, 2020 | Be adopted, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
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| Sep 5, 2019 | ACA 6 McCarty Assembly Third Reading | Assembly Floor |
Passed |
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| Jul 10, 2019 | Be adopted. | Assembly Standing Committee on Appropriations |
Passed |
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| Jun 19, 2019 | Be adopted and re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Elections and Redistricting |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | ACA 6 |
THIRD READING
Bill No: ACA 6
Author: McCarty (D), Bonta (D), Carrillo (D), Gipson (D), Gonzalez (D), Kalra (D), Kamlager-Dove (D), Mullin (D), Mark Stone (D) and Weber (D), et al.
Amended: 6/12/19 in Assembly
Vote: 27
SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 6/18/20
AYES: Umberg, Hertzberg, Leyva, Stern
NOES: Nielsen
SENATE APPROPRIATIONS COMMITTEE: 5-1, 6/23/20
AYES: Portantino, Bradford, Hill, Leyva, Wieckowski
NOES: Jones
NO VOTE RECORDED: Bates
ASSEMBLY FLOOR: 54-19, 9/5/19 - See last page for vote
SUBJECT: Elections: disqualification of electors
SOURCE: Secretary of State Alex Padilla
#Cut50
All of Us or None
American Civil Liberties Union 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 4 Black Lives
DIGEST:
This constitutional amendment, subject to voter approval, permits an otherwise eligible person who is on parole for the conviction of a felony to register to vote and to vote.
ANALYSIS:
Existing law:
- 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.
- Requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
- 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.
- Defines the following terms described above:
- "Imprisoned" to mean currently serving a state or federal prison sentence.
- "Parole" to mean a term of supervision by the Department of Corrections and Rehabilitation.
- Provides that "conviction" does not include a juvenile adjudication made pursuant existing law.
- 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 constitutional amendment:
- Deletes a provision of the California Constitution that requires the Legislature to provide for the disqualification of electors while on parole for the conviction of a felony.
- Provides that an elector disqualified from voting while serving a state or federal prison term shall have their right to vote restored upon the completion of their prison term.
- 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.
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 in 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 the restrictions on parolees’ right to vote.
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.
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
- According to the author, ACA 6 places a constitutional amendment on the ballot that will grant individuals on parole the opportunity to vote. People on parole are our colleagues, neighbors, and family members. They work in our communities, pay taxes, send their kids to school, and strive to make California a better place for all residents. In order to fully reintegrate folks returning to our communities, we must restore their right to vote. This is not a partisan issue but rather an issue of having a just and inclusive democracy in this state. 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.
Related/Prior Legislation
AB 646 (McCarty of 2019) contains the implementing legislation for ACA 6. AB 646 is pending in the Senate Rules Committee.
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.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, this measure would result in one-time General Fund costs to the Secretary of State (SOS) in the range of $480,000 to $640,000, likely in 2020-21, for printing and mailing costs to place the measure on the ballot in a statewide election. Actual costs may be higher or lower, depending on the length of required elements and the overall size of the ballot.
SUPPORT: (Verified 6/23/20)
Secretary of State Alex Padilla (co-source)
#Cut50 (co-source)
All of Us or None (co-source)
American Civil Liberties Union 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)
People Over Profits San Diego (co-source)
Vote Allies (co-source)
White People 4 Black Lives (co-source)
A New Path
A New Way of Life Re-entry Project
Advancement Project California
Alameda County Public Defenders
Alliance for Boys and Men of Color
American Friends Service Committee
American Probation and Parole Association
Anti-Defamation League
Asian Americans Advancing Justice – California
Asian Prisoner Support Committee
Bay Area Community Services
Bay Rising
Bend the Arc: Jewish Action
Brennan Center for Justice
California Attorneys for Criminal Justice
California Calls
California Coalition for Women Prisoners
California Common Cause
Californians for Safety and Justice
California Innocence Coalition
California League of Conservation Voters
California Public Defenders Association
California Voices for Progress
Californians for Safety and Justice
Center for Employment Opportunities
Center on Juvenile and Criminal Justice
Change Begins With ME
Change for Justice
City and County of San Francisco
City of Los Angeles
Clergy & Laity United for Economic Justice
Cloverdale Indivisible
Community Coalition for Substance Abuse Prevention and Treatment
Community Housing Partnership
Community Legal Services in East Palo Alto
Communities United for Restorative Youth Justice
Conference of California Bar Associations
Council on American-Islamic Relations, California
County of Los Angeles Board of Supervisors
Courage Campaign
Criminal Justice Clinic of UC Irvine School of Law
Democratic Party of the San Fernando Valley
Democratic Woman’s Club of San Diego County
Demos
Drug Policy Alliance
East Bay Community Law Center
Ella Baker Center for Human Rights
Fair Chance Project
FairVote California
Fathers and Families of San Joaquin
Feminists in Action Los Angeles
Flyaway Productions
Friends Committee on Legislation of California
Homeboy Industries
Homie Up
Human Impact Partners
Immigrant Legal Resource Center
Indivisible CA-43
Indivisible CA: StateStrong
Indivisible East Bay
Indivisible Marin
Indivisible Peninsula/CA-14
Indivisible San Diego
Indivisible Sausalito
Indivisible Stanislaus
Indivisible South Bay – LA
Indivisible Ventura
Indivisibles of Sherman Oaks
Insight Center for Community Economic Development
Interfaith Council of Contra Costa County
Justice LA
Law Enforcement Action Partnership
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
LitLab
Mi Familia Vota
NARAL Pro-Choice California
National Association of Social Work, California Chapter
National Center for Youth Law
National Immigration Law Center
National Women’s Political Caucus, Sacramento Chapter
New Jersey Institute for Social Justice
Our Revolution Long Beach
Overpass Light Brigade – San Diego
Pacific Beach Democratic Club
Pacifica Social Justice
Pasadenans Empowering Parent Participation in Education Governance
Peace and Freedom Party of California
Peace Resource Center of San Diego
Pilot
Prisoner Advocacy Network
Project Rebound, California State University Fullerton
Project Rebound, California State University Sacramento
Public Health Justice Collective
Resistance Northridge-Indivisible
Re:Store Justice
Right2Vote Campaign
Riverside All of Us of None
Rock the Vote
Root & Rebound
Rubicon Programs
RYSE Center
Safe Return Project
San Francisco Association for Bilingual Education
San Francisco Financial Justice Project
San Francisco Public Defender’s Office
San Jose/Silicon Valley Branch of the National Association for the
Advancement of Colored People
Secure Democracy
Smart Justice California
Showing Up for Racial Justice at Sacred Heart
Showing Up for Racial Justice Bay Area
Showing Up for Racial Justice Contra Costa County
Showing Up for Racial Justice Marin
Showing Up for Racial Justice Santa Barbara
Sister Warriors Freedom Coalition
SpeakOut
STAND—White Men for Racial, Economic and Gender Justice
Stanford Computational Policy Lab
Starting Over, Inc.
Stonewall Democratic Club
Students Overcoming Adversity and Recidivism
Tadini House
Terps for Bay Area Resistance
Tides Advocacy
Time for Change Foundation
Together We Will/Indivisible – Los Gatos
Torrey Pines Democratic Club
Transforming Justice OC
Transitions Clinic Network
Tutors for Incarcerated Individuals – Tutors for Youth
UDW/AFSCME Local 3930
UnCommon Law
Underground Scholars Initiative, UC Berkeley
Underground Scholars Initiative, UC Irvine
University of California Student Association
University Professional and Technical Employees CWA Local 9119
Vashon-Maury Showing Up for Racial Justice
Voice of the Experienced
W. Haywood Burns Institute
We the People – San Diego
Women’s Building of San Francisco
Young Women’s Freedom Center
Youth Alive!
Several individuals
OPPOSITION: (Verified 6/23/20)
Election Integrity Project California, Inc.
ARGUMENTS IN SUPPORT: In a letter co-sponsoring ACA 6, Initiate Justice stated, in part, the following:
Voting is a fundamental right of citizenship. ACA 6 will amend the California Constitution to ensure that Californians on parole can fully participate in our democracy. Giving people returning home from prison access to civic participation is one of the most effective ways to assure their successful reintegration home. Blocking people on parole from voting means our neighbors who are working, paying taxes, and raising families in this state are deprived of the ability to have a say in the policies and representatives who shape their daily lives.
ARGUMENTS IN OPPOSITION: In a letter opposing ACA 6, 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.
ASSEMBLY FLOOR: 54-19, 9/5/19
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, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Mark Stone, Ting, Voepel, Weber, Wicks, Wood, Rendon
NOES: Bigelow, Boerner Horvath, Brough, Cervantes, Choi, Cunningham, Flora, Fong, Frazier, Gallagher, Kiley, Lackey, Mathis, Melendez, Obernolte, Patterson, Petrie-Norris, Smith, Waldron
NO VOTE RECORDED: Chen, Cooley, Cooper, Diep, Ramos, Salas
Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106
6/23/20 18:56:58
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2019 - 2020 Regular Session
ACA 6 (McCarty) - Elections: disqualification of electors
Version: June 12, 2019 | Policy Vote: E. & C.A. 4 - 1 |
Urgency: | Mandate: No |
Hearing Date: June 23, 2020 | Consultant: Robert Ingenito |
Bill Summary:
ACA 6, if approved by the voters, would permit an otherwise eligible person who is on parole for the conviction of a felony (1) to register to vote, and (2) to vote.
Fiscal Impact:
This measure would result in one-time General Fund costs to the Secretary of State (SOS) in the range of $480,000 to $640,000, likely in 2020-21, for printing and mailing costs to place the measure on the ballot in a statewide election. Actual costs may be higher or lower, depending on the length of required elements and the overall size of the ballot.
Background:
Under the California Constitution, the Legislature must prohibit improper practices that affect elections and provide for the disqualification of electors while mentally incompetent, imprisoned or on parole for the conviction of a felony.
Current law 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. Additionally, existing law requires elections officials to cancel the voter registrations of individuals imprisoned or on parole for the conviction of a felony. Once individuals complete parole, their right to vote is restored and they can re-register to vote In contrast, current law allows an individual on probation for conviction of a felony to vote.
Proposed Law:
This ACA would, upon approval by the voters, return the right to vote to otherwise eligible adults on California parole. Specifically, among other things, it would (1) delete a provision of the California Constitution that requires the Legislature to provide for the disqualification of electors while on parole for the conviction of a felony, and (2) provide that an elector disqualified from voting while serving a state or federal prison term shall have their right to vote restored upon the completion of their prison term.
Related Legislation:
- AB 646 (McCarty) contains the implementing legislation for ACA 6. The bill is currently pending in the Senate Rules Committee.
- 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 indicates that printing and mailing costs associated with placing a measure on the statewide ballot are approximately $80,000 per page, depending on the length of the ballot. The fiscal estimates noted above reflect the addition of 6-8 pages in the Voter Information Guide. Actual costs would depend upon the length of the title and summary, analysis by the Legislative Analyst’s Office, proponent and opponent arguments, and text of the proposal.
-- END --
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Thomas Umberg, Chair
2019 - 2020 Regular
Bill No: ACA Hearing Date: 6/18/20
Author: | |||
Version: | 6/12/19 | ||
Urgency: |
| Fiscal: | Yes |
Consultant: | Scott Matsumoto | ||
Subject: Elections: disqualification of electors.
DIGEST
This measure, subject to voter approval, permits an otherwise eligible person who is on parole for the conviction of a felony to register to vote and to vote.
ANALYSIS
Existing law:
- 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.
- Requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
- 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.
- Defines the following terms described above:
- "Imprisoned" to mean currently serving a state or federal prison sentence.
- "Parole" to mean a term of supervision by the Department of Corrections and Rehabilitation.
- Provides that "conviction" does not include a juvenile adjudication made pursuant existing law.
- 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 measure:
- Deletes a provision of the California Constitution that requires the Legislature to provide for the disqualification of electors while on parole for the conviction of a felony.
- Provides that an elector disqualified from voting while serving a state or federal prison term shall have their right to vote restored upon the completion of their prison term.
- 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.
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 in 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 the restrictions on parolees’ right to vote.
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.
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
- According to the author: ACA 6 places a constitutional amendment on the ballot that will grant individuals on parole the opportunity to vote. People on parole are our colleagues, neighbors, and family members. They work in our communities, pay taxes, send their kids to school, and strive to make California a better place for all residents. In order to fully reintegrate folks returning to our communities, we must restore their right to vote. This is not a partisan issue but rather an issue of having a just and inclusive democracy in this state. 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.
- Argument in Support. In a letter co-sponsoring ACA 6, Initiate Justice stated, in part, the following:
Voting is a fundamental right of citizenship. ACA 6 will amend the California Constitution to ensure that Californians on parole can fully participate in our democracy. Giving people returning home from prison access to civic participation is one of the most effective ways to assure their successful reintegration home. Blocking people on parole from voting means our neighbors who are working, paying taxes, and raising families in this state are deprived of the ability to have a say in the policies and representatives who shape their daily lives.
- Argument in Opposition. In a letter opposing ACA 6, 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
AB 646 (McCarty) of 2019, contains the implementing legislation for ACA 6. AB 646 is pending in Senate Rules.
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
Assembly Floor: | |
Assembly Appropriations Committee: | |
Assembly Elections and Redistricting Committee: |
|
POSITIONS
Sponsor: #Cut50 (co-sponsor)
All of Us or None (co-sponsor)
American Civil Liberties Union of California (co-sponsor)
Anti-Recidivism Coalition (co-sponsor)
Californians United for a Responsible Budget (co-sponsor)
Initiate Justice (co-sponsor)
League of Women Voters of California (co-sponsor)
Legal Services for Prisoners with Children (co-sponsor)
People Over Profits San Diego (co-sponsor)
Secretary of State Alex Padilla (co-sponsor)
Vote Allies (co-sponsor)
White People 4 Black Lives (co-sponsor)
Support: A New Path
A New Way of Life Re-entry Project
Alliance for Boys and Men of Color
American Friends Service Committee
American Probation and Parole Association
Anti-Defamation League
Asian Americans Advancing Justice – California
Asian Prisoner Support Committee
Bay Rising
Bend the Arc: Jewish Action
Brennan Center for Justice
California Attorneys for Criminal Justice
California Calls
California Coalition for Women Prisoners
California Common Cause
Californians for Safety and Justice
California League of Conservation Voters
California Public Defenders Association
California Voices for Progress
Center for Employment Opportunities
Center on Juvenile and Criminal Justice
Change Begins With ME
Change for Justice
City and County of San Francisco
City of Los Angeles
Clergy & Laity United for Economic Justice
Cloverdale Indivisible
Community Coalition for Substance Abuse Prevention and Treatment
Community Housing Partnership
Conference of California Bar Associations
Council on American-Islamic Relations, California
County of Los Angeles Board of Supervisors
Courage Campaign
Criminal Justice Clinic of UC Irvine School of Law
Democratic Party of the San Fernando Valley
Democratic Woman’s Club of San Diego County
Demos
East Bay Community Law Center
Ella Baker Center for Human Rights
Fair Chance Project
FairVote California
Feminists in Action Los Angeles
Friends Committee on Legislation of California
Homeboy Industries
Homie Up
Human Impact Partners
Immigrant Legal Resource Center
Indivisible CA-43
Indivisible CA: StateStrong
Indivisible East Bay
Indivisible Marin
Indivisible Peninsula/CA-14
Indivisible San Diego
Indivisible Sausalito
Indivisible Stanislaus
Indivisible South Bay – LA
Indivisible Ventura
Indivisibles of Sherman Oaks
Insight Center for Community Economic Development
Interfaith Council of Contra Costa County
Justice LA
Law Enforcement Action Partnership
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
LitLab
Mi Familia Vota
National Association of Social Work, California Chapter
National Center for Youth Law
National Women’s Political Caucus, Sacramento Chapter
New Jersey Institute for Social Justice
Our Revolution Long Beach
Overpass Light Brigade – San Diego
Pacific Beach Democratic Club
Pasadenans Empowering Parent Participation in Education Governance
Peace and Freedom Party of California
Peace Resource Center of San Diego
Prisoner Advocacy Network
Project Rebound, California State University Fullerton
Project Rebound, California State University Sacramento
Public Health Justice Collective
Resistance Northridge-Indivisible
Re:Store Justice
Right2Vote Campaign
Riverside All of Us of None
Rock the Vote
Root & Rebound
Rubicon Programs
RYSE Center
San Francisco Financial Justice Project
San Francisco Public Defender’s Office
Secure Democracy
Smart Justice California
Showing Up for Racial Justice at Sacred Heart
Showing Up for Racial Justice Bay Area
Showing Up for Racial Justice Contra Costa County
Showing Up for Racial Justice Marin
Showing Up for Racial Justice Santa Barbara
Sister Warriors Freedom Coalition
SpeakOut
STAND—White Men for Racial, Economic and Gender Justice
Starting Over, Inc.
Stonewall Democratic Club
Students Overcoming Adversity and Recidivism
Terps for Bay Area Resistance
Tides Advocacy
Time for Change Foundation
Together We Will/Indivisible – Los Gatos
Torrey Pines Democratic Club
Transforming Justice OC
Tutors for Incarcerated Individuals – Tutors for Youth
UnCommon Law
University of California Student Association
University Professional and Technical Employees CWA Local 9119
Vashon-Maury Showing Up for Racial Justice
Voice of the Experienced
W. Haywood Burns Institute
We the People – San Diego
Women’s Building of San Francisco
Youth Alive!
Oppose: Election Integrity Project California, Inc.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:ACA 6
Author:(McCarty, et al.)
As Amended Ver:June 12, 2019
2/3 vote
SUMMARY:
Permits a person who is on parole for the conviction of a felony to register to vote and to vote.
Major Provisions
- Deletes a provision of law that requires the Legislature to provide for the disqualification of electors while on parole for the conviction of a felony.
- Provides that an elector disqualified from voting while serving a state or federal prison term shall have their right to vote restored upon the completion of their prison term.
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 their right to vote is restored and they can re-register to vote.
According to the Author:
ACA 6 places a constitutional amendment on the ballot that will grant individuals on parole the opportunity to vote. People on parole are our colleagues, neighbors, and family members. They work in our communities, pay taxes, send their kids to school, and strive to make California a better place for all residents. In order to fully reintegrate folks returning to our communities, we must restore their right to vote. This is not a partisan issue but rather an issue of having a just and inclusive democracy in this state. 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:
In support, the Brennan Center for Justice writes:
California is one of only a handful of states that denies the right to vote to people on parole but allows people on probation to vote. Few people, including election administrators, understand the difference between probation and parole. And as Californians know, those distinctions are becoming increasingly opaque and confusing as new forms of supervision get created. The result is that eligible voters think that they cannot or refrain from voting out of fear that they may be breaking the law, a phenomenon we call "de facto disenfranchisement." By restoring the right to vote for Californians on parole, ACA 6 and AB 646 would offer a clear, bright-line rule: if you are living in the community, you can vote. Both proposals would also reduce the opportunity for erroneous purges of eligible citizens from the voting rolls.
Arguments in Opposition:
In opposition to a prior version of this measure, the Election Integrity Project California, Inc. wrote:
ACA 6 seeks to restore voting rights, the most fundamental and valuable of American privileges, to those who have not completed making full restitution for their crimes. While on parole, a former criminal'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.
FISCAL COMMENTS:
According to the Assembly Appropriations Committee, one-time General Fund costs to the Secretary of State in the hundreds of thousands of dollars for printing and mailing costs to place the measure on the ballot in a statewide election. Actual costs may be higher or lower, depending on the length of required elements and the overall size of the ballot.
VOTES:
ASM ELECTIONS AND REDISTRICTING: 6-1-0
YES: Berman, Calderon, Low, Mayes, Mullin, Weber
NO: Gallagher
ASM APPROPRIATIONS: 12-3-3
YES: Gonzalez, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Gabriel, Maienschein, Petrie-Norris, Quirk, Robert Rivas
NO: Bigelow, Brough, Fong
ABS, ABST OR NV: Diep, Eduardo Garcia, Obernolte
UPDATED:
VERSION: June 12, 2019
CONSULTANT: Nichole Becker / E. & R. / (916) 319-2094 FN: 0001254
Date of Hearing: July 10, 2019
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:ACA 6
Author:(McCarty) – As Amended Ver:June 12, 2019
Policy Committee: | Elections and Redistricting | Vote: | 6 - 1 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This constitutional amendment permits a person on who is on parole for the conviction of a felony to register to vote and to vote. Specifically, this measure:
- Deletes a provision in the California Constitution that requires the Legislature to provide for the disqualification of electors while on parole for the conviction of a felony.
- Provides that an elector disqualified from voting while serving a state or federal prison term shall have their right to vote restored upon the completion of their prison term.
FISCAL EFFECT:
One-time GF costs to the Secretary of State (SOS) in the hundreds of thousands of dollars for printing and mailing costs to place the measure on the ballot in a statewide election. Actual costs may be higher or lower, depending on the length of required elements and the overall size of the ballot.
COMMENTS:
- Background and Purpose. The California Constitution requires the Legislature to prohibit improper practices that affect elections and provide for the disqualification of electors while mentally incompetent, 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 constitutional amendment, upon approval by the voters, returns the right to vote to otherwise eligible adults on California parole.
- Related Legislation. AB 646 (McCarty) permits parolees to vote by deleting 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. AB 646 is the statutory companion for ACA 6 and becomes operative only if ACA 6 is approved by the voters. AB 646 is pending in this committee.
- 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 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 to be provided to formerly incarcerated people upon the completion of parole.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: June 19, 2019
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Marc Berman, Chair
ABPCA Bill Id:ACA 6 (
Author:McCarty, et al.) – As Amended Ver:June 12, 2019
SUBJECT: Elections: disqualification of electors.
SUMMARY: Permits a person who is on parole for the conviction of a felony to register to vote and to vote. Specifically, this bill:
- Deletes a provision of law that requires the Legislature to provide for the disqualification of electors while on parole for the conviction of a felony.
- Provides that an elector disqualified from voting while serving a state or federal prison term shall have their right to vote restored upon the completion of their prison term.
- Makes other technical and conforming changes.
EXISTING LAW:
- 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.
- Requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
- 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.
- Defines the following terms described above:
- "Imprisoned" to mean currently serving a state or federal prison sentence.
- "Parole" to mean a term of supervision by the Department of Corrections and Rehabilitation.
- Provides that "conviction" does not include a juvenile adjudication made pursuant existing law.
- 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:
- Purpose of the Measure: According to the author:
ACA 6 places a constitutional amendment on the ballot that will grant individuals on parole the opportunity to vote. People on parole are our colleagues, neighbors, and family members. They work in our communities, pay taxes, send their kids to school, and strive to make California a better place for all residents. In order to fully reintegrate folks returning to our communities, we must restore their right to vote. This is not a partisan issue but rather an issue of having a just and inclusive democracy in this state. 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.
- 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 their right to vote is restored and they can re-register to vote.
- 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.
- 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.
Last month the Nevada Governor signed a bill permitting felons in Nevada the right to vote after being released from prison. Previously, Nevada law required a felon to have their right to vote restored two years after discharge from probation or parole or release from prison, as specified.
- 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.
- Arguments in Support: In support, the Brennan Center for Justice writes:
California is one of only a handful of states that denies the right to vote to people on parole but allows people on probation to vote. Few people, including election administrators, understand the difference between probation and parole. And as Californians know, those distinctions are becoming increasingly opaque and confusing as new forms of supervision get created. The result is that eligible voters think that they cannot or refrain from voting out of fear that they may be breaking the law, a phenomenon we call “de facto disenfranchisement.” By restoring the right to vote for Californians on parole, ACA 6 and AB 646 would offer a clear, bright-line rule: if you are living in the community, you can vote. Both proposals would also reduce the opportunity for erroneous purges of eligible citizens from the voting rolls.
- Arguments in Opposition: In opposition of a prior version, the Election Integrity Project California, Inc. writes:
ACA 6 seeks to restore voting rights, the most fundamental and valuable of American privileges, to those who have not completed making full restitution for their crimes. While on parole, a former criminal’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 Legislation: AB 646 (McCarty) is the implementing legislation for ACA 6. AB 646 was approved by this committee on April 10th by a 5-1 vote, and is pending in the Assembly Appropriations Committee.
- Approval by Voters: As a constitutional amendment, this measure requires the approval of the voters to take effect.
REGISTERED SUPPORT / OPPOSITION:
Support
All Of Us Or None (co-sponsor) (prior version)
American Civil Liberties Union of California (co-sponsor)
Anti-Recidivism Coalition (co-sponsor)
Californians United for a Responsible Budget (co-sponsor) (prior version)
Initiate Justice (co-sponsor) (prior version)
League of Women Voters of California (co-sponsor)
Legal Services for Prisoners with Children (co-sponsor) (prior version)
People Over Profits San Diego (co-sponsor)
Secretary of State Alex Padilla (co-sponsor) (prior version)
Alliance for Boys and Men of Color
Anti-Defamation League (prior version)
Asian Americans Advancing Justice – California
Asian Prisoner Support Committee (prior version)
Bend the Arc: Jewish Action
Brennan Center for Justice (prior version)
California Calls
California Coalition for Women Prisoners
California Public Defenders Association
California Voices for Progress
Californians for Safety and Justice
Center for Employment Opportunities (prior version)
Center on Juvenile and Criminal Justice (prior version)
Change Begins With ME (prior version)
Community Coalition
Community Coalition for Substance Abuse Prevention and Treatment (prior version)
Community Housing Partnership (prior version)
Conference of California Bar Associations
Council on American-Islamic Relations, California
Democratic Woman’s Club of San Diego County (prior version)
Dēmos (prior version)
East Bay Community Law Center
Ella Baker Center for Human Rights (prior version)
Fair Chance Project
FairVote California (prior version)
Feminists In Action Los Angeles
Friends Committee on Legislation of California
Homie Universidad Popular (prior version)
Human Impact Partners (prior version)
Indivisible CA: StateStrong a coalition of the following Indivisible groups: (prior version)
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 CA-43 (prior version)
Indivisible East Bay
Indivisible Marin (prior version)
Indivisible Project (prior version)
Indivisible San Diego (prior version)
Indivisibles of Sherman Oaks (prior version)
Indivisible South Bay – LA
Indivisible Stanislaus (prior version)
Indivisible Ventura (prior version)
Institute of Democratic Education and Culture dba SpeakOut (prior version)
Interfaith Council of Contra Costa County (prior version)
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
LitLab (prior version)
Mi Familia Vota
National Association of Social Work, California Chapter
National Center for Youth Law (prior version)
National Immigration Law Center (prior version)
Our Revolution Long Beach (prior version)
Overpass Light Brigade – San Diego (prior version)
Pacific Beach Democratic Club (prior version)
Pasadenans Empowering Parent Participation in Education Governance (prior version)
Peace and Freedom Party of California (prior version)
Peace Resource Center of San Diego
Project Rebound, California State University Fullerton (prior version)
Public Health Justice Collective (prior version)
Resistance Northridge-Indivisible (prior version)
Rock the Vote (prior version)
Root & Rebound
Rubicon Programs
RYSE Center (prior version)
San Francisco Financial Justice Project
Showing Up for Racial Justice Bay Area (prior version)
Showing Up for Racial Justice at Sacred Heart
Smart Justice California (prior version)
STAND—White Men for Racial, Economic and Gender Justice (prior version)
Terps for Bay Area Resistance (prior version)
The Dream Corps, #cut50 (prior version)
Time for Change Foundation
Together We Will/Indivisible – Los Gatos (prior version)
Torrey Pines Democratic Club (prior version)
University of California Student Association
Vashon-Maury Showing Up for Racial Justice (prior version)
Voice of the Experienced (VOTE) (prior version)
Vote Allies (prior version)
We The People – San Diego (prior version)
White People 4 Black Lives (prior version)
Women’s Building of San Francisco (prior version)
Several hundred Individuals (prior version)
Opposition
Election Integrity Project California, Inc. (prior version)
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
Bill Author
Bill Co-Author(s):