California Parolees Soon May Be Able to Vote

By: Tram Nguyen

Unlike Utah, Montana, and fourteen other states, in California people on parole do not have the ability to vote. That might change, however, if the Assembly passes Constitutional Amendment 6 (ACA 6). The amendment wouldn’t automatically allow people on parole to vote, but would instead establish a constitutional amendment that enables California voters to decide. 

Known as the “Free the Vote Act,” ACA 6 is sponsored by several organizations, including the American Civil Liberties Union of Northern California and the League of Women Voters. California Secretary of State Alex Padilla even sponsored it. The State Assembly voted 54 to 19 to approve the amendment in September. On the same day, the Senate read it for the first time and referred it to the Rules Committee for revisions. 

“Voting is a fundamental cornerstone of our democracy and it’s one of the most foundational parts of citizenship,” said Brittany Stonesifer, Voting Rights Attorney with the ACLU of Northern California. “When we deny American citizens living in California the right to vote because they’re on parole, we’re undermining our collective values [as] Americans. We absolutely see their right to vote as a right, and people on parole deserve to exercise and participate.”

Bradley Joondeph, Professor of Constitutional Law at Santa Clara University School of Law, said there is nothing in the federal constitution that requires the disenfranchisement of people who have been convicted. “From a constitutional perspective, there would be no problem in the legislature allowing people on parole to vote,” Joondeph said. 

Still, opponents of ACA 6, like the Election Integrity Project California (EIPC), have argued that people on parole should not be able to vote because they have not paid their full debt to society. The EIPC provided an argument to the state legislature, saying that “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.” 

Alternatively, advocacy organizations like the Sentencing Project argue that voting is a fundamental right of citizenship. 

“I think the entire history of the United States has been predicated on marginalizing certain communities from voting,” Nicole Porter, Director of Advocacy for the Sentencing Project, said. “And so this work and this conversation with the ACA 6 in particular, are a continuation of an effort to fully make American democracy inclusive.”

Stonesifer agreed, saying it is unfair to deny people on parole the right to a voice when it comes to policies that impact their daily lives.

“Felons on parole are living in our community. They are raising families, paying taxes, going to school, driving on roads and participating in all parts of daily life that require representation at both the state and local level,” Stonesifer said. 

The future of ACA 6 looks promising for supporters. Stonesifer said the ACLU-NC is confident in securing the two-thirds vote needed in the Senate. Afterward, they are hopeful that Californians will vote to implement it.

(Editor's Note: This article was originally published in the December 2019 [Volume 50, Issue 2] version of The Advocate.)