ACA 4
ASSEMBLY THIRD READING
ACA 4 (Bryan)
As Introduced February 6, 2023
2/3 vote
SUMMARY
Repeals a constitutional requirement for the Legislature to provide for the disqualification of electors while serving a state or federal prison term for the conviction of a felony, subject to the approval of the voters.
Major Provisions
COMMENTS
California Constitution Article II, Section 4 provides "[t]he Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or serving a state or federal prison term for the conviction of a felony." Elections Code Section 2101 is the statute that implements Article II, Section 4 of the California Constitution. Section 2101 states "[a] person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned for the conviction of a felony, and at least 18 years of age at the time of the next election."
California law does not restrict the voting rights of people who are on probation or parole, or who are on other types of supervision as a result of a criminal proceeding (such as mandatory supervision, post-release community supervision, or federal supervised release). Similarly, state law does not restrict the voting rights of individuals who are in a local detention facility while doing any of the following: 1) serving a misdemeanor sentence, 2) serving jail time as a condition of probation, 3) serving a felony jail sentence, or 4) awaiting trial.
By contrast, a person who is in a local detention facility while serving a state prison term is not eligible to vote under existing law. Under certain circumstances, a person who is serving a state prison sentence may nonetheless be housed in a local detention facility.
Until 2020, California law prohibited a person who was on parole for the conviction of a felony from registering to vote or voting. ACA 6 (McCarty), Chapter 24, Statutes of 2020, proposed an amendment to the state constitution to allow a person who is on parole for the conviction of a felony to register to vote and to vote. ACA 6 was approved by the Assembly by a 54-19 vote.
ACA 6 appeared on the ballot at the November 2020 statewide general election as Proposition
17. According to the final official election results prepared by the Secretary of State, Proposition 17 was approved by the voters with 58.6% of ballots cast in favor of the amendment, and 41.4% cast in opposition.
According to information from the National Conference of State Legislatures, state approaches to felon disenfranchisement vary tremendously. In two states (Maine and Vermont) and the District of Columbia, felons never lose their right to vote, even while incarcerated. California is one of 23 states in which felons lose their voting rights only while incarcerated, and receive automatic restoration of voting rights upon release. In 14 states, felons lose their voting rights ACA 4
during incarceration, and for a period after, typically while on parole or probation. In those states, a person may have to pay any outstanding fines, fees, or restitution before the person's voting rights are restored.
Finally, 11 states are more restrictive about reinstating a person's voting rights after a felony conviction. In some of those states, felons lose their voting rights indefinitely for some crimes, or may face an additional waiting period after completion of any sentence (including parole and probation) before voting rights can be restored. Other states require a person to receive a pardon, or to apply to a court or to the governor, to have their voting rights restored.
According to information from the California Department of Corrections and Rehabilitation (CDCR), as of April 5, 2023, there are about 93,000 people in institutions and camps operated by CDCR. Additionally, data from the Federal Bureau of Prisons shows that approximately 14,000 individuals were incarcerated in federal prisons in California as of March 23, 2023. Not all of those individuals would become eligible to vote if this measure becomes law, as some of those individuals likely do not meet other requirements to register to vote and to vote (for instance, individuals who are not citizens or are not residents of California).
AB 1595 (Bryan) of the current legislative session which is pending on the Assembly Floor, is the implementing legislation for this constitutional amendment. In addition to making conforming changes to state law to implement this constitutional amendment, if approved by voters, AB 1595 additionally specifies that the residence for voting purposes of a person who is serving time in a state or federal prison is based on the person's last voluntary residence in the state.
As a constitutional amendment, this measure requires the approval of the voters to take effect.
According to the Author
"California voters deserve the opportunity to decide if our Democracy should include everyone.
ACA 4 will give the people of California a choice to undue a wrong in our State Constitution that was designed to disenfranchise voters solely based on their contact with the criminal legal system- a system that has been documented time and again to disproportionately impact Black, Brown, Poor, Indigenous, and Veteran communities. Preserving the right to vote for all people, including those who are currently incarcerated, will have significant and positive impacts both on democracy and public safety. Over 95% of all people currently incarcerated in state prison will eventually return home. Data shows that people who vote while incarcerated and shortly thereafter are 50% less likely to ever be rearrested. The rates of these legal barriers to civic participation and social engagement are shocking: Black people are disenfranchised at a rate 10 times that of white men; Latino and Native American communities at a rate double that of white men. This disenfranchisement also disproportionately impacts our veterans, many of whom return to civilian life with visible and invisible trauma, and face a greater likelihood becoming arrested. California currently has more than 7,000 veterans who are denied their voting rights, despite having served our country, solely because they are incarcerated. There are several States and United States territories that allow everyone to participate in the democratic process.
Democracies around the world have also normalized this standard. ACA 4 will give voters in Californians the opportunity to decide if a thriving Democracy includes everybody or if historic suppression and disenfranchisement measures should remain a feature of our civil society." ACA 4
Arguments in Support
One of the co-sponsors of this measure, Initiate Justice, writes in support, "For much of its history, California has taken steps to restrict the rights of both poor and nonwhite citizens. Until 1962, the state refused to ratify the 14th Amendment, which guaranteed equal protection of the law after the Civil War, and the 15th Amendment, which prohibits voting restrictions based on race. But in recent years, California has led the nation in ensuring the right to participate in free and fair elections. Protecting the right to vote – and ensuring that the voices of all citizens are heard, equally and without bias or favoritism, is a core Californian value…California voters should have the opportunity to decide if our Democracy is one that thrives with the participation of everyone. ACA 4 will give the people of California a choice – should we be an inclusive, democratic society, or should we turn back to our own dark history of racially motivated disenfranchisement, voter suppression, and restriction of civil rights and participation." Arguments in Opposition
In opposition to this measure, Election Integrity Project California, Inc. writes, "While in jail or prison, convicted individuals must necessarily lose many freedoms and civil rights that law- abiding citizens can enjoy: the rights of speech or expression, movement, parental privilege, public assistance, and even personal liberties such as the choice of wardrobe, diet, occupation, hygiene, social interactions and recreation. Until quite recently, one of the freedoms lost almost everywhere has been the right to vote. When a person voluntarily breaks the social contract and hurts someone or 'takes their stuff,' societies world-wide have seen the logic in removing their right to participate in the activity of choosing society's governors and governing policies, i.e., voting…Voting is a privilege and not an absolute right of citizenship. Losing the right to vote, as an incarcerated felon, is part of paying their debt to society. This is not an issue of disenfranchisement because every felon is being treated equally in losing their right to vote while incarcerated. Upon serving their sentence, felons equally can have their rights restored."
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
1) One-time costs in the hundreds of thousands of dollars to the Secretary of State (SOS) for printing and mailing expenses associated with placing the measure on the ballot at the next statewide election (General Fund (GF)). Based on the average cost per page for the last three elections, the SOS estimates such costs to be approximately $123,000 per page, and the magnitude of costs for this bill depends on the length of the title and summary, analysis by the Legislative Analyst's Office, proponent and opponent arguments, and text of the proposal for publication in the Voter Information Guide.
2) Costs of an unknown, but potentially significant amount, in excess of $150,000, to CDCR to facilitate voting for incarcerated individuals (GF). CDCR notes costs will vary across prison facilities, as each houses a specific population, with implementation dependent on the level of individualized support and resources needed to ensure voting rights are carried out timely, confidentially, and appropriately. Although not every incarcerated person would be eligible to vote, there are approximately 93,000 people currently incarcerated in CDCR's institutions and camps.
ACA 4
VOTES
ASM ELECTIONS: 6-2-0
YES: Bryan, Bennett, Lee, Low, Pellerin, Blanca Rubio
NO: Lackey, Essayli
ASM APPROPRIATIONS: 11-4-1
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
NO: Megan Dahle, Dixon, Mathis, Sanchez
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: February 6, 2023
CONSULTANT: Ethan Jones / ELECTIONS / (916) 319-2094 FN: 0000847