By Jasmine Ross
Approximately half a million Americans are held in county jails and are eligible to vote, but many do not know that they have this right. If held pretrial, they have not been convicted of any crime and are presumed innocent, and their right to vote remains intact. Additionally, many states, including Colorado, allow individuals incarcerated in jail after a misdemeanor conviction to vote. And yet across the country, we effectively deny people in jail their right to engage in the core of American democracy: voting. It is time for that to change.
Once someone is detained in jail, the right to vote is often an illusory one. Getting voter information, registering to vote, and voting are often near impossible. Not only do jails usually not provide any voter registration or election information, but when they do provide that material, it is often incorrect. People incarcerated in county jails do not have access to the internet, so it is impossible for them to register to vote or get any information about the voting process or candidate information that is 
available online. And because incarcerated individuals are disproportionately Black and lower-income people, the right for detained people to vote is not only central to our democracy, but also an urgent racial justice issue.
The lack of access to the ballot for those in jail is a travesty, especially because detained people are incredibly interested in learning about the critical down-ballot races that many voters ignore. As Civic Engagement Manager with the Colorado Criminal Justice Reform Coalition (CCJRC), I have seen firsthand how those who are incarcerated are incredibly committed to voting in every race – from school board to President. And when we give people held in jail meaningful access to voter education, registration, and ballots, they vote at a higher rate than many non-incarcerated communities. In races that come down to a small number of votes, as so many down-ballot races do, votes from those held in jail can make all the difference. Maybe that is why so many with power make it so hard for people in jail to vote.
Everyone who cares about democracy, especially election officials, jail administrators, and candidates, should want to ensure that people eligible to vote in jail can actually exercise that right. As we move into yet another election season this year, and approach the countless 2024 races, it is time to start planning and implementing better voting programs. At CCJRC, we pioneered jail-based voter registration and voting in Colorado, to ensure that those who are locked up pretrial, or for misdemeanors, have the opportunity to use their voices in upcoming elections. CCJRC works alongside the Denver Sheriff Department, Denver Elections, and the League of Women Voters to register voters in the Denver jail, and this year, incarcerated individuals voted in person. We have learned many valuable lessons. It is not enough, for example, to do a one-off voter registration drive in jail and call it a day. People incarcerated have court dates, and they are worried about their future. And many are not well-versed in the electoral process. Any robust jail-based voter program must educate potential voters about the entire election process – what political parties are, what elected officials do, and what positions candidates have taken. Nonpartisan groups can provide this detailed information about the candidates so that those who are incarcerated have all the facts they need to feel confident in casting their vote. Finally, providing jail-based polling sites eliminates the many barriers caused by mail-in voting, like requesting the ballot, having the proper identification to vote, or having their forms stuck in the jail mailroom, causing them to miss election deadlines.
We know this type of robust program works in getting people to vote. In Denver, when given the proper support, incarcerated voters showed up. In this year’s mayoral race, registered voters in the Denver jails had a 51% turnout, while only 33% of the Denver public turned out to vote. We should try and emulate this result everywhere, across the country.
There are critical races coming up across the country, in Virginia and Kentucky, here in Colorado and in Wisconsin, but sadly, many people in jail will not have access to the ballot. We have to fix this, and fix it fast. 2024 is quickly approaching, and voters across the country will elect a President, Senators, members of the House of Representatives, and numerous state, county, and city officials to critically important positions.
Just because someone is currently in jail does not mean that their voting rights can be abridged or ignored. By protecting and fighting for the constitutional right to vote in jail, we are making our community stronger and more resilient and giving everyone a voice. We encourage all those engaged in the fight for democracy to fight for those in jail to have access to vote, and to implement robust voter education programs to make sure this right is a real one. That right, after all, is foundational to a functioning society. We should work to protect it, rather than take it away.
Jasmine Ross is Manager of Civic Engagement and Volunteer Program, Colorado Criminal Justice Reform Coalition
