Who do you want for D.A.?
By Ruth Geos
Conviction of a felony in California results in a disqualification to vote, but only while the sentence is being served and the parole period satisfied. Once the time is done, those with felony criminal convictions can take up their citizen’s right to vote again. Indeed, the upcoming November 5th Consolidated Municipal Election in San Francisco offers an opportunity to give direct input on criminal justice policies—the race for the San Francisco District Attorney, one of the most contested parts of the ballot. The CA Secretary of State offers an easy, even pretty, step-by-step checklist on regaining the right to vote, along with a link to go forward to register to vote for the very next election ahead and those coming in 2020.
Other states have other rules for suspending or restoring the right to vote to those with felony convictions, ranging from no suspension at all of the right, to the need for a governor’s pardon. Here, though, it is a relatively easy process. The rules are spelled out in the California Elections Code, Section 2101, which sets the details on who is entitled to vote or pre-register to vote, and have been interpreted by the CA Courts as protecting the right to vote except during the period of a felony sentence or parole.
(a) A person entitled to register to vote shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
(b) A person entitled to preregister to vote in an election shall be a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 16 years of age.
(c) For purposes of this section, the following definitions apply:
(1) “Imprisoned” means currently serving a state or federal prison sentence.
(2) “Parole” means a term of supervision by the Department of Corrections and Rehabilitation.
(3) “Conviction” does not include a juvenile adjudication made pursuant to Section 203 of the Welfare and Institutions Code.
CA jail prisoners are different. CA prisoners in county jail can still vote while serving their misdemeanor or felony jail sentence, a parole violation, during probation, and under a variety of other circumstances. To check the finer points on qualifications to vote now, and the process for going forward to exercise that right, consult with the San Francisco Sheriff’s Prisoner Legal Services at 415-558-2472.
For more questions, resources, to register to vote, or to vote, call or email the SF Department of Elections at 415-554-4375, SFVote@sfgov.org.
Don’t forget to register to vote by October 21st for the upcoming election.
And check out our elections guide for more information.