Voting Rights

The Barrier

It is widely recognized—by advocates, academics, and policymakers alike—that the United States has a mass incarceration problem. Millions of Americans, disproportionately Americans of color, are currently behind bars and millions more have re-entered society with varying degrees of success and very little societal support. For many people, life after prison is an experience of partial citizenship. Particularly if you were convicted of a felony, your opportunities for employment, housing, and participation are limited. In Texas, this societal limitation includes your voting rights. About six million Americans cannot vote because of “felony disenfranchisement” laws. 

Texas’ disenfranchisement law restricts those who have already served their time from voting until after they have completed most times unclear requirements surrounding their parole or probation. The restoration of voting rights is an important part of post-prison rehabilitation: voting is the foundation of our democracy, and participating in political life connects the formerly incarcerated to society. If we want to end the mass incarceration crisis and move toward a society of increased and equal participation, ensuring that the formerly incarcerated are part of that society is crucial. And that means not disenfranchising those who have served their time and have already rejoined the free world as full citizens.  

It is even more important for communities of color, many of which have been fractured by mass incarceration and whose political interests are underrepresented. Rights restoration is also not as controversial as policymakers might think: most Americans agree that former prisoners should regain the right to vote “after serving their time,” because they have paid their debt to society.

The Case of Crystal Mason

Crystal Mason, mother of three, was sentenced to 5 years in prison for trying to vote with a provisional ballot that was never counted in the November 2016 election in Tarrant County while on a 3-year federal supervised release. Mason fully believed she was allowed to vote, and was even advised by the election official on site to go ahead and vote provisionally. 

Ken Mays, supervisor to Crystal’s probation officer admitted to the court that it was not standard procedure to inform formerly incarcerated individuals about their voting rights upon release, “that’s just not something we do.”  Certainly she was informed of her conditions of release, but none of these conditions warned her of not being able to vote while on supervised release. The patchwork of states in which voting is allowed the moment a person steps into the free world, creates confusion and misinformation among those who may have been able to vote in another state. 

Despite never being told that she was not yet able to vote, in light of Texas’s fixation on mass incarceration and the criminalization of voting, the State decided to make an example out of Crystal Mason.

The Solution

Restore the right to vote to formerly incarcerated individuals upon release.

Reinstating the right to vote to individuals as soon as they are released from jail or prison gives them an opportunity to become engaged and give back to their community as part of their reintegration into society.

As Americans, we believe in second chances. This includes people who have been in the criminal justice system and served their time. Returning citizens must have the freedom to vote so they can become full, active participants in our democracy. They should not be denied equal rights upon reentry into society. As we work to fix our criminal justice system, one of the first changes we should make is to restore the vote to citizens who have served their time and repaid their debt to society. 

Mass incarceration damages our communities in so many ways. One way to start reversing that damage is to make sure people who return to our communities from prison are able to participate, to express their voices, and to become productive citizens. Restoring their right to vote reduces recidivism. Our community is stronger when everyone participates, and that includes people in our community who have served time. Our community’s voice will be stronger and louder when everyone is able to join in.

When people have a stake in their communities, they are less likely to operate outside or against them, and more likely to be active members of those communities. We should follow the lead of the 17 other states and DC that allow everyone living in the community to vote.

“Civic participation among people with justice involvement is essential to successful reentry back to the community. People who feel a sense of ownership in making their communities safer become stewards of what the community can become. Restoring the right to vote not only reinforces reentry goals, it welcomes marginalized people to weigh in on the systems that have directly impacted their lives.”

Doug Smith- Senior Policy Analyst Texas Criminal Justice Coalition
“If we expect individuals who have been previously incarcerated to contribute to society in a healthy and civil manner, then that also means being able to fulfill their civic duty. Too often we see these individuals who are ostracized from voting, which ultimately harms their communities, healthcare services, and schools.

Idalis MaldonadoAustin Community College
“I want to see people who served their time able to vote. I want to see people on probation voting.”

Josefina CastroUCLA Graduate
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