CALIFORNIA, UNITED STATES —
For a long time, Ronald Latney thought his vote was meaningless. However, he came to see the impact it may have, particularly on a community level, upon his return to prison this year.
“I try to tell everybody… like, man, we need to vote because our lives depend on this,” he added, bringing up district attorney races and bail rules. “That has a profound effect on me and my current situation.”
When asked about how it makes him feel about the world, he added, “Sometimes we feel like we’re forgotten about, so to speak, except for our family.” (Heilman, 2018). However, I do feel like I’m contributing to something bigger because of this.
From his incarceration in a San Bruno jail, Latney had easy access to the voting booth. His background, however, is unusual.
There are still obstacles for some groups of voters in California, despite the state’s pride in its voting accessibility. As of 2016, the majority of inmates in California’s county jails were granted the right to vote, but this does not apply to everyone.
About 92,000 people are incarcerated in California state prisons, with many of them being ineligible to vote, according to the most recent statistics from the California Department of Corrections. The Prison Policy Initiative is a nonpartisan study group established in Massachusetts. In 2023, there were 78,000 inmates in county jails; over 60% of this population has not been convicted of a crime and is thus entitled to vote.
Many persons of color, especially Blacks and Latinos, spend years behind bars before their day comes for trial.
In addition to the difficulty of voting via mail, most California prisons do not allow in-person voting. Even when someone’s letter is being sent to their prison, they may be freed or moved from the address they are registered at.
Many obstacles, which differ from county to county, are listed by advocates who have attempted to assist incarcerated people in voting. Not everyone gets voter guides in time because of the long mail screening process. Some inmates do not receive voter guides at all due to the fact that prison mail cannot exceed a specific page limit or contain staples.
The procedure relies on voter information, which includes informing individuals of their eligibility, how to register to vote, and how to cast a ballot, per advocates. Prisons have restrictions on the number of times advocates can visit inmates and the amount of time they can stay, among other things.
While the state does not keep tabs on jailed voters, several counties have actively sought to increase that number; for example, since 2010, approximately 9,200 inmates in Los Angeles County’s jail have cast ballots either mail or in-jail booths.
Many are hoping that Assemblymember Isaac Bryan’s proposed legislation, which would establish a trial program for in-jail voting in three counties, will build upon that initiative. The bill was approved by the Legislature in the last days of the session in late August and is now awaiting the decision of Governor Gavin Newsom by September 30.
There is no recorded resistance to the measure, despite the fact that almost all Republicans voted against it.
The necessity for legislative intervention was not apparent to Topo Padilla, a member of Crime Victims United’s board of directors. “I don’t believe there’s a sheriff in the state of California that is saying lawful mail cannot be delivered to an inmate,” he added.
That Democrats in California “care more about taking care of people that have been convicted of crimes than they do about victims of crime” is demonstrated, he claimed, by the law.
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In contrast, Latney is certain that his vote will determine whether or not he can get out of jail and remain free.
While visiting the jail’s law library last week, he was accompanied by a red folder containing an account of his encounters with state laws as well as a printed-out statement of opinion from a former inmate named Richard Richardson, whose voting history struck a chord with Latney. This visit had been organized by the San Francisco Sheriff’s Office.
To be completely honest, I messed up. He stated, “I’m just ready for this to be over with,” adding that he is paying off his obligation to society. It is my firm belief that exercising my right to vote will enable me to improve my current situation and my chances of success in the future.
The hilltop prison
Prisoner Legal Services director for the San Francisco Sheriff’s Office Melinda Benson stated that all eligible California inmates should be given a “meaningful” chance to vote.
I say meaningful because in many counties it isn’t. She speculated that it may be as simple as an announcement from the Department of Elections inviting people to get in touch. There is only one requirement in the rule, and that is that the opportunity must be made available by the Department of Elections. That is, in fact, the sole piece of advice.
Legal assistance is provided by Benson’s three-person team, who also visit each individual’s cell to explain their eligibility and registration process. Convincing inmates that they have the right to vote is a major goal at the San Francisco County Jail.
“No, you’re totally entitled to vote,’ I’m telling them as a lawyer. The people don’t trust me,” Benson stated. “And when given the chance, it’s truly heartwarming.”
Interest in the 2003 San Francisco mayoral campaign prompted the Sheriff’s Office to launch a voting outreach program, which collaborated with the city’s elections office to make sure all eligible voters could cast absentee ballots.
Eligibility has been progressively increased by the state since then, including to parolees, among others. Additionally, Benson’s department had a lot simpler time of it because of a state law passed in 2021 that guarantees all registered voters will receive a ballot in the mail.
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Results from four San Francisco elections between 2022 and 2024 reveal that between one-third and half of incarcerated individuals who sought voter registration actually cast ballots.
Thomas Neal, 45, a fellow inmate at the facility’s San Bruno facility, expressed his lifelong commitment to vote. To him, it is his civic responsibility. He claims he had to beg neighboring counties to get voting resources, but life is much better in San Francisco County Jail.
Voting should not be a contentious issue for me. He asserted his right to vote.
The in-house nature of the San Francisco program’s team is a major plus. Outside advocacy groups in other places are required to employ a plethora of workarounds.
In order to address voting-related concerns, Spread the Vote reaches out to religious or mental health professionals serving inmates, such as priests, rabbis, or counselors. By removing obstacles like a lack of an ID card, the group hopes to increase voter participation.
According to Kat Calvin, the executive director of Spread the Vote, informing jailed people about their right to vote requires more than simply distributing brochures.
Oh, we’ve got it, every time we’ve approached the California prison system about collaborating. Our team is fantastic. In contrast, I’ve had emails from inmates in California prisons stating, “I’m trying to vote, but they won’t give me a pen.” The only thing they’ll offer me is a pencil, she remarked. “The impossibility is caused by those minute details.”
By sending out voting guides to inmates early enough to circumvent mail processing delays, Spread the Vote is able to cast ballots in 20 states. Additionally, they may place ballot collection booths in prisons, subject to local regulations.
Since 2016, around 1,800 individuals, primarily at Dublin’s Santa Rita Jail, have registered with the VOICE program run by the Alameda County public defender’s office. It explains to potential voters how to bypass the limitations of stapled brochures by viewing downloaded guides for statewide initiatives on their tablets.
A lot of advocacy groups fail.
In San Diego, for instance, the sheriff’s office refused Pillars of the Community admission; in response, the advocacy organization teamed up with the jail’s existing partner, the League of Women Voters.
To make sure everyone has the chance to register to vote and participate, the San Diego Sheriff’s Department has stated that it collaborates closely with the Registrar of Voters and the League of Women Voters. A spokeswoman for the sheriff stated that certain Pillars group volunteers either did not apply for security clearance promptly or did not receive it.
Brittany Stonesifer, an attorney for voting rights with the American Civil Liberties Union of Northern California, stated that some volunteers may be unable to gain clearance due to criminal records.
Is it possible to see a way forward?
According to Bryan, a Democrat from Culver City, the only solution to the problem of uneven postal voting in county jails—which can occur when there is a shortage of personnel or technical support—is to permit voting inside the facilities.
To address this, he introduced Assembly Bill 544, which would mandate that the Secretary of State award grants to the San Benito, Santa Cruz, and San Mateo county elections offices in order to establish in-person voting in correctional facilities. However, this could prove to be a challenging task due to the state’s current budget constraints.
All qualified voters can be heard in our democracy, which improves public safety and civic consciousness, according to Bryan.
The pilot projects would cover the years 2026–2028 if Newsom signs the law.
Success of the “We All Count” campaign in Los Angeles County, which secured in-person voting in the Century Regional Detention Facility for the 2020 presidential primary, is the basis of the plan. Although over 90 individuals attempted to vote, the COVID epidemic prevented it from being carried out. Forty individuals were eligible to vote at either of the two jails that the county built in 2022.
Any state mandate would be useful, according to Benson of San Francisco Prisoner Legal Services, in case future sheriffs aren’t as supportive of voting rights. “So long as there is legislation, it will be enforced, and if there are funds to support it, then we can start talking,” she stated. Therefore, you must not merely state that. Something with teeth is required.
The state might lend a hand in other ways besides holding elections in prison.
State funding for voter education might be increased, according to Ucedrah Osby, president of the All of Us or None chapter in Bakersfield, an organization that advocates for incarcerated people. Additionally, prisons should open their doors to outside organizations, since word-of-mouth about inmates’ voting histories can sway judges more than official records.
Agreement was reached by Thanh Tran, an advocate who completed 2.5 years of his 10-year prison term. He claimed that when he was shackled and belly-chained just to move down the hall, his main concern was simply staying alive. The thought that he could still cast a ballot never even crossed his mind.
In 2022, when Newsom shortened Tran’s sentence, he remarked that while he was in solitary prison, he read political books and the news. His fellowship at the Ella Baker Center for Human Rights allowed him to continue advocating for Bryan’s bill after his release.
I would have cast my ballot if I had been aware that it was possible. The problem is that I was never even asked for it. He claimed ignorance of the phenomenon. “While I was in prison, there were a lot of obstacles that made it impossible for me to think about casting a ballot.”
