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Graham 0:33
Hi everyone, welcome to our fourth minisode of abolition is for everybody, the one where we talk about universal voting rights. For those who don’t know, minisodes are much shorter, and a little less polished, but still super friendly and still all about abolition. My name is Graham and today we are joined by a very special guest, Nicole Porter. Welcome Nicole, we’re so excited to have you, can you please introduce yourself?
Nicole 0:55
Hi, Graham, I’m so excited to be here. I’m Nicole Porter. I’m the Senior Director of Advocacy for the Sentencing Project, which is a research and advocacy organization based in DC that works on a range of issues related to challenging mass incarceration, including ending felony disenfranchisement, and expanding the vote to everyone including those in prison.
Graham 1:13
Oh, that’s amazing. So I’m previously incarcerated, I also under Prop 17, I was able to get my voting rights back. I got to work on the campaign to pass prop 17 immediately upon being released from prison and then get that, you know, get my voting rights back subsequently from that passing, so I understand the impact directly. A question I have is, are there states that actually let folks that are in prison vote, and if so, where?
Nicole 1:36
Sure, there are two states where people never lose the right to vote and it’s never been a part of the voting rights laws in those states, so Maine and Vermont allow people sentenced to prison who had a residency prior to their imprisonment in the state, vote, continue to vote or register to vote while in prison, and two territories. So, Puerto Rico has allowed people to vote while in prison, sentenced to prison, since the 80s. And Washington DC where I live, expanded the vote to people sentenced to prison in 2020, so about 2000 people from Washington, DC, who are sentenced to prison are now eligible to vote while incarcerated while sentenced to prison.
Graham 2:18
That’s amazing. If I think of California, just the landscape, the political landscape of California, and I think how tough of a push it would be to make that happen in California. Now we’ve got previously incarcerated folks their voting rights back, but that was a push and so to get people in prison that right back seems almost insurmountable. It’s a worthwhile task though, so what are some steps that we could do in California to make that happen?
Nicole 2:43
Well, I think there’s an active of movement working to expand the franchise to people in prison across the country. And I know, in California, there’s been long standing interest to do this, but Proposition 17 was one way to move the conversation forward and with that, and the number of people who voted and supported that and now with folks like yourself, who are able to vote because of it, think building upon the reform in the win from Proposition 17, a couple of years ago. Continuing with the organizing in getting the word out in California that ending felony disenfranchisement, expanding to universal voting rights for everyone, including those sentenced to prison, regardless of the crime of conviction. There’s just something to continue to build on and build towards and to know that that work is happening in the context of a national movement. So going into 2023, there will be active campaigns working to expand the franchise to people in prison. Hopefully, we might even get a win this year. There’s active effort in Illinois that’s pending in the State Assembly there that will be caught up after the midterm election in November so fingers crossed with a lot of organizing led by a state group there, felony disenfranchisement will end in Illinois, and people will be allowed to vote who are sentenced to prison. And then building off of that one in 23, there will be legislative campaigns in states like Oregon, Connecticut, in New Jersey and I think the effort to expand the franchise to people in prison in California, can know that that work is happening in the context of a national movement. Obviously, in California, just following in the footsteps of Proposition 17, there it would have to be done by ballot measure, but you have the number of people who voted in support of Proposition 17 a few years ago. There are national organizations who are motivated to support a future ballot initiative in California around universal voting rights or guaranteeing the right to vote for all. So knowing that there’s national partnership around that, and that with the wins in DC in 20, hopefully the win in Illinois this year, and then the expansion of the franchise in other states that when California is ready to build on a ballot measure that there’s going to be people around the country who are willing to support and willing come to California, willing to be led by Initiate Justice and some of the other California groups who are leading on the ballot measure to make sure that it happens.
Graham 5:08
You make it sound really doable. I appreciate everything you just said. Some folks often think that people who come from marginalized communities don’t care about politics and voting and we know that’s not the case, that it’s just that they face a lot of barriers and access and otherwise, so what would you say to those people?
Nicole 5:26
Well, you know, in my experience, that’s certainly not the case. I’ve been invited into several prisons in my, you know, over the years while working at the Sentencing Project, and in fact, I just went in to a prison in Maine in mid September when the Secretary of State went into the Maine State Prison in Warren, Maine, about 90 minutes outside of Portland. When the Secretary of State went in with her staff to register eligible voters at the Maine state prison, nd during that conversation, we talked about politics, obviously, people were registering to vote, it was a, it was a meeting a conversation around voter engagement, civic engagement. So the Secretary of State started talking about the need to address and guarantee ballot access for eligible voters in Maine State Prison, talks about the history of voter suppression in the United States, the long through line of white supremacy in the United States, these are words coming from the Secretary of State now. And the elected- well, she’s not elected in Maine, she’s the appointed Secretary of State in Maine, talking in the state prison where people are sentenced to life were in the room, people with shorter terms of imprisonment were in the room, but the whole goal of the conversation was around voter registration and then guaranteeing ballot access for people who were registered and the main Secretary of State led this conversation along with community leaders from the prison around the need to vote, they need to participate in the franchise and so, we know that there were conversations happening like that in prisons throughout the country. In fact, several formerly incarcerated colleagues talked about how, you know, have shared with me and shared in conversation in community town halls, around their ongoing political engagement and political education while incarcerated, and how that’s been, you know, a very important influence in their lives and so we know that those conversations happen it, you know, behind the walls, and that some of our incarcerated colleagues are leading these campaigns, and a number of efforts in a number of states across the country. So it should, I hope, it’s not a surprise to the folks listening to this conversation and then it’s what sort of continues to drive our work, and influence our participation and support these conversations because we know these discussions, these political conversations, this interest in political engagement are happening behind the walls in every state, across the country.
Graham 7:56
Absolutely. I was thinking back while you were talking, so I was incarcerated during the last four years of my sentence at Correctional Training Facility, and I just happened to be there as Initiate Justice was picking up traction, and I was watching folks. Now it’s a common misconception based on like, media misrepresentation, or otherwise that folks inside aren’t thinking about stuff like that, nut I watched as bills began picking up traction, and whole segments of the community inside would get behind these bills and go cell to cell and talk to people about it. People were donating off their books to push measure measures along. It was really amazing to watch and be a part- I mean, I didn’t engage necessarily while I was in there, I was engaging in other like self help work, but watching it pick up pick up traction is what got me involved out here. So I really appreciate the message that you just gave about, you know, folks inside and the misrepresentation of how politically involved they are. There’s a there’s a huge like, soulful addition, I don’t really know how else to word that, but like it felt like it added to my soul to be a part of the process, even if I don’t necessarily believe in the process. And I know from words from other folks, and otherwise, that they felt the same. So yeah, I really appreciate everything you just said. So I have a question, this is for the viewers, because it seems it seems almost pointless to ask because I know why it’s important but I’ll ask, why is it important for us to vote?
Nicole 9:13
Oh, well, you know, it’s it may seem obvious to ask, but it’s such a fundamental question because every year people choose not to, right? They get busy. Maybe they can’t take the time to vote. So making a choice to vote to participate in the franchise is important, and it’s a decision that has to happen every electoral cycle. Hopefully people aren’t just doing it when there’s a presidential race and you know, there’s somebody really exciting on the ballot, but even in the between elections when the local races or the down ballot races may not be drawing a great deal of national attention, but they can impact the school board or they can impact who is elected sheriff and who runs the local jail or who’s the elected District Attorney and and whose policies influenced charging decisions and who, in what kind of cases are regularly brought and before the court. So there’s so many reasons, including to be an active part of the community. To be an active member, engaging in civic life, contributing your perspective, your vote, your political perspective, to who ultimately will be charged with governing you, right? And then to continue that engagement even after the person is elected and installed in office, takes the oath of office, to continue to engage that elected official from the sheriff to the district attorney, to your city council person, to your state assembly person or state senator to the governor to a whole range of elected officials, because you as their constituent can hold them accountable to the policies that they run on, that they purport to support, and to guarantee that they’re living up to their promise, and they’re living up to the spirit of whatever statements they make during campaign season. So it’s, there’s so many reasons to to continue to participate in the franchise to vote, and to continue to engage long after Election Day. In addition to the benefits for the community, you know, there are some exciting research the sentencing project is a research and advocacy organization, so there’s some exciting research that we’re working to look into around what are the pro social factors that can contribute to somebody being fully a part of their community after their criminal legal system involvement and voting is certainly amongst those pro social factors, including obviously living wage employment, quality affordable housing, community connection from the family members to being engaged in, fully engaged in the community and voting and participating in civic life is an example of that. So these are factors, you know, including voting as a factor that can continue to involve somebody who’s been historically marginalized for a range of reasons, including people who have former criminal legal system involvement into the community, so that they are fully embraced by it rather than being marginalized from it.
Graham 12:22
Absolutely. I love that I’m thinking about just the feeling prior to getting involved with the work that I get a chance to do now, the feeling that everything was just happening to me, and I had no control, I think is designed to appear that way. And the first time that I had a chance to go with an Initiate Justice up to the California Capitol in Sacramento, and do a walk through and watch things happen and talk to some of the legislators I felt like, this is something that we can actually impact, but it can’t just be me or the two people next to me. It has to be an entire community of people. But that feeling of the shift, like the the realignment of my thinking in terms of like life is happening to me, this political system is happening to me too, I can do something to change that was fundamental in me, you know, living a life outside, like being outside, I’ve been home for 4 years now and that’s a key component of my success, if you will, in reintegration into society.
Nicole 13:15
I think that’s a lesson that so many people can benefit from hearing and then also considering in terms of the context of their own lives, not just people who are formerly incarcerated or criminal, you know, have criminal legal system experience, but, you know, having a purpose and thinking about that broader purpose in terms of your relationship to the community is something that so many people think about, and is a part of so many people’s life journeys that can help give purpose, connect people to a broader community, for so many. And it’s important for so many reasons, not just as a measure, or as a factor to help, you know, reduce the likelihood of returning to prison for somebody who’s formerly incarcerated, but for any neighbor, for any part of the, any member of the community, who might be looking for some further way to be involved to give full meaning or greater meaning to their life. So that civic engagement, that voter participation are, are things that many people can look to, and so are lessons that many people can learn from.
Graham 14:26
Absolutely, absolutely. I wanted to ask about the national report that you’re working on publishing if you could tell us a little bit about that?
Nicole 14:35
Well, the report we published last week. It’s called Blacked Out 2022 and they found that 4.6 million people nationally are disenfranchised from voting, will will be disenfranchised from voting during next week’s midterm election. The number has gone down since the previous report was published in 2020, but there’s still millions of people who are disenfranchised from voting since 2020. Obviously, in California, proposition 17, was passed so now the last category of residents who are disenfranchised in California are those in prison. Hopefully we’ll build a foundation and we can work towards next steps towards a ballot measure to end to end felony disenfranchisement outright in California, expanding in the franchise to those sentenced to prison regardless of their crime of conviction. And then the report also worked to document other changes since 2020 that help explain that modest decline. And yet still, the report highlights the fact that there are too many people disenfranchised from voting because of the felony disenfranchising laws that vary from state to state. So there’s 4.6 million nationally, the state with the largest number of disenfranchised voters are folks in Florida, despite the ballot measure that was adopted there several years ago. But the narrowing of that ballot measure with the requirement around fines and fees obligation, because the ballot measure restored voting rights to people who completed their sentence, there were carve outs in that ballot measure, so people convicted of homicide and sex offenses did not get their right to vote back automatically following the completion of their sentences so those folks still have to seek pardons from the governor, from the clemency board and the governor and then the legislature defined what it meant to complete a sentence in 2019 by requiring fines and fees payments as a part of what it meant to complete a sentence. So that’s a cautionary tale to learn because as you and the audience may have seen in August, about 20 people were arrested who unknowingly- they admitted to, they disclosed while being arrested, that they did not know that they could not register to vote. Many of them registered after officials now, you know, Florida officials either with at the Department of Motor Vehicles, local election boards officials, they came in contact with Florida nonpartisan Florida officials around voting who mistakenly encouraged these people to register to vote and they did so and then were arrested as a part of the governor’s election integrity prosecution unit. Since their arrest in August, at least one person has had their case dropped. And in fact, because many of these people who’ve been charged with this voter fraud who were justice impacted, unknowingly registered and vote have been prosecuted not just in Florida, but also in Tennessee and Texas. Many of these cases actually end up getting dropped. This, there’s been some outrageous cases from Tennessee and Texas over the years, one of the folks who was arrested and charged in Florida has had their case dismissed already and I imagine that other cases will be dismissed. So despite the the media attention that these arrests and initial charges draw, many of these cases do not end up- many people do not end up being convicted and sentenced to these voter fraud offenses so these are outrageous political stunts that are undertaken by political ideologues who are working to suppress votes, rather than support the expansion of the franchise and it’s a cautionary tale and so it explains while in spite of 2018 ballot reform in Florida, there continue to be over a million people who are disenfranchised from voting. So I say all that to say that there have been reforms in fact, we’ve documented that since 1997, about 25 states and Washington DC have expanded the franchise and of course, California is included amongst those states, that there are still millions of people who are disenfranchised because of how difficult states make it to register to vote and participate in the franchise, even after reforms have been adopted in Florida as a cautionary tale around that.
Graham 18:52
That’s tragic. I’m thinking like the media representation, how many people would be discouraged from seeing that happen, so they wouldn’t register to vote. I’m also thinking about in California, some stories I’ve heard from folks that are incarcerated right now in the county jail so they still have their rights. They aren’t in state prisons, so they still have their voting rights but most folks, even with the efforts of groups like ACLU, going into into the jails and trying are met with amazing, like amazingly difficult obstacles through the sheriff’s and other departments, in getting material to people to vote to be informed about what they’re voting for and getting the ballots out. That’s, it’s very disheartening, but I mean, just continue to work, right? Just continue to work at it and chip away.
Nicole 19:32
It’s even in theory, well, not in theory, the law in California even allows people who might be incarcerated on a probation sentence, right? Because you could be incarcerated because of a violation of probation violation and a parole violation, technical violation, not a new fine, but you know, parole violation, or probation violation and in criminal custody, and the law in California should guarantee ballot access for those individuals as well. I think what you’re speaking to and what needs to happen is that the state should guarantee access to the ballot for people who are in custody and eligible to vote and make it as easy as possible given the, you know, given the lack of infrastructure that makes that happen. So that means, first of all, if there are government admin officials who do not know the law, the state needs to do better around educating those people around what the law is so that they are not misinforming incarcerated voters of their constitutional right to participate in the franchise. And secondly, the infrastructure needs to be put in place to lower barriers to voting. That means, you know, ballot boxes and supporting you know, active absentee ballot programs, but also means bringing a polling location to the facilities-
Nicole 20:57
Oh that’s smart.
Nicole 20:57
whether it’d be a jail or some other correctional facility where people who are on probation or parole and eligible to vote can participate in the franchise to making it as easy as possible. The barriers to participating in the franchise too should be completely eliminated. And that is something to actively work towards, to the extent possible, and there’s so much more that has to be done because the reality isn’t even in the general population, voter participation is very low. And in midterm elections, voter participation is very low even in the general population. But at the very least, in correctional facilities where people are legally eligible to vote, voter participation and voter registrations can at least match mirror what the outcomes are in the general population and about nationally 60% of people of eligible voters participate in elections each cycle and so that is one marker to strive for within any correctional facility throughout California where they were residents are eligible to vote is 60%. Match it 60%. If not exceed that rate. In Cook County during the march primary this year, 27% of incarcerated voters in the Cook County jail where Chicago is voted and that exceeded the voter participation and the general population during the March primary where only 20% in the general population of the county voted. So 27% voted from the jail, 20% voted in the general population and mirroring those kinds of outcomes in counties throughout California is one thing that coalitions and officials can work towards.
Graham 22:43
Absolutely, we have some work moving forward. That sounds like admirable work. So I want to ask before we go, thank you so much for everything that you said. I want to ask, what did we miss just for the viewers anything that you want the viewers to know?
Nicole 22:56
Just that the viewers you know, know that there’s a movement. Know that I’m excited about the possibility in California and the energy coming from Initiate Justice building off of the Proposition 17 win and I know the continued work that’s happening to lay the foundation for a future ballot measure to end felony disenfranchisement outright and expand the franchise to those inside and know that work is happening in the context of a national conversation where similar dynamics are playing out in other parts of the country. There are groups who want to support ballot measures and so as Inititate Justice and your partners work to develop next steps, you know, feel free to be in touch and we can make sure to support the coalition in that movement that’s happening in California in this way.
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