The Injustices of the Criminal Voting System in California
By: Isabella Terranova
Throughout many election campaigns, American citizens have been encouraged to vote and cast their ballots. In almost every political event or movement, citizens are asked to use their voices and make decisions for their country. This idea concerning the importance of someone’s vote/voice is one of the fundamental concepts of our American democracy. However, the systematic discrimination within the voting system of California laughs at equality and our democratic principles by denying U.S. citizens the right to vote.
In ancient Greek cities, someone convicted of a crime would be stripped of all honor and rights. This practice spread, and in other ancient cities, a criminal would be sentenced to loss of all civil rights. This inhumane treatment of criminals became almost standard in many countries, including the American colonies and Britain. However, during the revolutionary period, political leaders argued over the treatment of criminals, and specifically, the civil rights of criminals. During these democratic debates, the question arose over whether or not voting should be considered a natural right or a privilege.
Criminal disenfranchisement on its own implies that voting is a privilege. However, this practice has roots in racism and discrimination. After the Civil War, blacks voting became an issue to racist political figures. Before the Civil War, the three-fifths compromise ensured that blacks would not be able to cast ballots. After the Civil War, suppressing black Americans became more of a challenge. In order to ensure that blacks would not be able to vote, the ‘Black codes’ were made. The ‘Black codes’ were laws that essentially made being black a crime. The breakage of these laws would result in being jailed, and as part of their punishment, required to do manual labor to help the economy. By installing these laws, African Americans were jailed, forced into labor, and stripped of their rights; including their right to vote. 90% of US prison laborers were non-white by 1870.
Criminal disenfranchisement is still affecting our modern elections, seeing as 5.2 million Americans cannot vote because of it. People serving time for a felony in a state/federal prison, county jail, or correctional facility cannot vote legally in California.
This means that felons, usually charged with manslaughter, murder, bribery, or sexual assault, lose their right to vote while they are imprisoned. Felon disenfranchisement also disproportionately affects black Americans. In modern times, African Americans are 4 times more likely to become disenfranchised than white citizens due to systemic racism in the criminal justice system. Around one in every thirteen African American adults is disenfranchised. Some states’ criminal disenfranchisement system is so corrupt that felons may have to petition their governor or pay a fine in order to re-obtain their voting rights after serving their time for a felony conviction.
The basic idea of felon disenfranchisement is unjust. Convicted felons, although in prison, still have opinions about their country and care about the leaders we elect. Political leaders can affect their lives just as much as they can affect ours. Convicted felons are also still considered United States citizens. The Constitution refers to voting as a ‘right’ multiple times throughout Amendments 15 and 19, so why is it that the right to vote is being taken away from citizens in such a manner?
Only two states never take away an inmate’s right to vote; Maine and Vermont.
As California citizens, those of us who can use our voices need to speak up and raise awareness about this issue! We must educate people about this social injustice and help restore the voting rights of California’s inmates. If you are interested in supporting the cause and fighting for justice in California, sign my petition by clicking here.
