Many people in jail are eligible to vote, such as those who are pre-trial or serving misdemeanors, which usually do not affect voting rights. This right to vote is protected under state and federal constitutions. But for some jailed voters in Louisiana, this constitutional promise is impossible to fulfill.
Voters in jail face extraordinary barriers to accessing a ballot. How do you find the registration deadline without internet access? How do you fill out the registration form if you can’t access a pen?
Even the simplest things can become high hurdles when in jail. Because of these challenges and more, there are hundreds of thousands of eligible voters in jail each election day who are unable to access the ballot.
In Louisiana, a set of conflicting laws makes voting even harder for those casting their first-ever ballots, infringing on their right to vote in violation of the Louisiana Constitution.
Because these contradictory laws violate the Louisiana Constitution, Campaign Legal Center, on behalf of Voice of the Experience (VOTE) and an incarcerated first-time voter, filed a lawsuit to ensure that first-time voters in Louisiana jails can exercise their freedom to vote.
Louisiana’s catch-22 for jailed first-time voters
First-time, eligible voters in Louisiana are being disenfranchised by a set of conflicting laws. One Louisiana law requires voters to cast their first vote in person if they have never voted before. A separate law says that people in jail cannot vote in person and must vote using an absentee ballot.
It’s a catch-22: First-time voters cannot vote in person because they are incarcerated but cannot vote absentee because they are first-time voters.
Louisiana’s first-time in-person voting requirement is not unique to jailed voters; however, unlike others who are subject to it, jailed voters are not granted an exception. Voters with disabilities, those away at college and those in the military can vote absentee for the first time with specific documentation.
These accommodations are not available to first-time voters in jail, meaning they have no way to exercise their freedom to vote.
Our government is supposed to be of, by, and for the people, yet these Louisianans, who have every right to participate in our elections, are silenced.
Louisiana should advance a democracy that is inclusive of all voters, not one that purposefully excludes individuals based on circumstances.
Those who have been impacted by the justice system have a unique perspective on candidates and issues affecting their communities. This is especially the case for local elections, where judges, sheriffs and district attorneys may be up for election.
Furthermore, the history of mass incarceration in this country — which has disproportionately affected low-income communities, Black communities, and other communities of color — means that jail and prison-based disenfranchisement disproportionately silences the voices of these historically marginalized groups.
Constitutional violations like those at the heart of this case further entrench the systemic injustices that make our democracy less representative.
Campaign Legal Center will be working to close this loophole that silences voters and ensure all Louisianans can make their voices heard. Join us in the fight today.