A California lawmaker is proposing a constitutional amendment that would allow people to vote while they are incarcerated and open up the possibility people in prison could also run for office.
The bill was introduced on Monday by Assemblyman Isaac Bryan, who said it is time to open voting to everyone in California, regardless of the crimes they’ve committed.
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“I think we’re having a deep discussion on what it means to have voting as a right for every citizen,” Bryan said Wednesday during a news conference supporting the legislation.
If voters amend the constitution, California will join two states and Washington, D.C., as the only places in the country where voters can cast a ballot while behind bars. In some states, felons must complete probation or parole to restore their voting rights. However, in California, the right to vote is returned upon release without requiring parole due to a 2020 constitutional amendment.
Bryan’s proposal would not only open up the possibility of prisoners voting, but it could also lead to people running for office from behind bars.
Current state law allows registered voters to run for office in California. Unless Bryan’s proposal is amended to include language prohibiting prisoners from qualifying, they would also be eligible.
Two-thirds of members in both the state Senate and Assembly must vote yes on the bill to make it a proposition on a ballot. Voters will then get to decide whether to amend the state constitution with a simple majority vote.
David Cruz, an organizer with Initiate Justice, said he wanted to have his voice heard while incarcerated — he served 13 years in state prison and was released in September.
“Despite what many people assume, people in prison care about the same political issues that we outside do,” he said on Wednesday.
While the California Legislature is dominated by Democrats, receiving Republican support for a two-thirds majority could prove difficult. Assemblyman Tom Lackey, the Republican vice chairman, said the bill is a “betrayal” to those who are victims of crime.
“The perpetrator is automatically given a blanket of forgiveness,” Lackey said. “Criminal conduct deserves a price to be paid.”
However, Bryan disagreed that the legislation is brushing aside victims.
“The voice of victims matters in the criminal legal system, but what we’re talking about right now is democracy as a whole,” he said.
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Violent crime across the United States is on a slight downward trend, while the number of smaller, less deadly crimes is rising. Across 35 states, homicides, gun assaults, and domestic violence declined slightly in 2022.
