ACA 6 will be on the ballot in November.
California is one of the few states in the country that allows people currently on probation to vote, but bars people who are on parole from voting. As a result, more than 50,000 Californians who live in and contribute to their communities cannot vote. A referendum that will be on the ballot this November seeks to change this reality.
According to a criminal defense lawyer in Los Angeles, CA, the California State Senate decided in a bipartisan vote to put a constitutional amendment on the ballot that would restore the right to vote to people who are currently on parole. This measure, Assembly Constitutional Amendment 6 (ACA 6), would restore voting rights to Californians who have been convicted of crimes — but who have been deemed eligible for parole.
There is significant confusion about eligibility to vote among people who have a criminal record. Many people who have been convicted of a crime choose not to vote out of fear of breaking the law — a fact that reduces participation in politics, particularly in communities of color. In California, as in many states, people of color are more likely to be arrested, prosecuted, convicted and incarcerated than white people.
Under current California law, you must be a U.S. citizen and a resident of California, 18 years or older, and not currently in state or federal prison or parole in order to vote. People with a criminal history can register to vote:
- In county jail while serving a misdemeanor sentence, a felony jail sentence,
- awaiting trail, or as a condition of probation;
- On probation;
- On mandatory supervision;
- On post-release community supervision;
- On federal supervised release; and
- With a juvenile wardship adjudication.
However, individuals cannot register to vote or vote if they are currently in state or federal prison, currently serving a state prison felony sentence, awaiting transfer to a state or federal prison for a felony conviction, currently in county jail for a parole violation, or currently on parole. Once a person has completed parole, their right to vote is restored, but they must re-register to vote.
These laws create a system where a wide range of people with criminal records can register to vote and vote — yet certain people are ineligible to vote, even after they have been released from prison. As a criminal defense lawyer in Los Angeles, CA can explain, the constitutional amendment on the ballot in November would change that reality, and ensure that anyone who is not currently in state or federal prison (or awaiting a transfer to prison) can exercise their right to vote.
Voting is a fundamental right — and something that can help determine a number of other rights, as elected officials make the laws and regulations that govern our state, including those related to criminal justice reform. After a person has served their time and been approved for release by the California Board of Parole, there is no reason for that individual to be denied their right to vote. If voters approve ACA 6, then there will be less confusion and broader access to voting across the state.
If you have been charged with a crime, we can help protect your rights and your freedom. The Chambers Law Firm has significant experience representing individuals who have been charged with a range of crimes across California. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal defense lawyer in Los Angeles, CA.
