Pennsylvanians in jail may be eligible to vote, and a Pittsburgh legislator wants those rights to be made clearer for people behind bars.
Pittsburgh state Rep. Aerion Abney wants to ensure people in jails can vote if they’re eligible. Felony convictions and misdemeanors related to the state election code are disqualifying criteria, but on average as few as 4% of those incarcerated in Pennsylvania exercise their right to vote, advocates say.
Many people sitting in county jail – more than 60% of detainees nationwide, according to ACLU estimates – haven't even had trials yet.
Abney and other Black and Latino lawmakers visited the jails in Allegheny and Centre counties this summer, seeking to learn about their voting procedures. Advocacy group All Voting is Local considers those facilities “good models” for voting policies, and the Pennsylvania chapter shared results this week from its updated survey of county jails.
In Allegheny, “They work with the county elections office to bring voter registration forms... bring people's vote by mail application forms that are completed, bring their ballots to the jail, let people vote, and then take their ballot back to the County Elections Office to process,” Abney said.
Many other jails only provide minimal information to detainees, Abney said. Voting-rights advocates identified Westmoreland and Washington counties as responsive to their surveys, but lacking in transparent voting policies for inmates.
In September, Pennsylvania's Department of State distributed a new four-page document to prisons and jails, which lays out voting rights and eligibility. Abney praised the guide.
“I think … most of [the facilities] are open to and receptive to it – I think they're looking for direction,” Abney said. “I think the guidance that the Department of State just produced is going to be a good first step for that.”
So far, those efforts are voluntary. A House bill that requires jails to expand voter education has been bottled up in a Democrat-controlled committee. Local supporters for the bill include Pittsburgh Democratic state Reps. La’Tasha Mayes and Emily Kinkead.
Abney said he and prime sponsor Rep. Rick Krajewski (D-Phila) will seek support next legislative session to mandate better ballot access in all county facilities.
“We really want to pass legislation out of the House that we feel like we can actually get the governor to sign it,” Abney added. “We know that the Senate is not quite there yet … but we're willing to work with them to get to the finish.”
An urban and rural issue
All Voting is Local notes Black Pennsylvanians are disproportionately incarcerated: They make up 10% of the state’s population, but more than one-third of all its detainees.
Advocates say that leads some people to believe issues experienced by incarcerated folks mainly exist in cities. But Rev. Dr. Chris Kimmenez, executive director of Healing Communities PA, said poor ballot access in jail doesn’t just affect the state’s urban hubs. He cited a study from Vera Institute of Justice that estimated half of local jail detainees – that is, not state or federal prisons – are held in rural areas.
Philly’s county jail system held about 8,000 people in 2015, but that number dropped sharply due to criminal justice and policy reforms. “Now it's less than 5,000,” Kimmenez said.
Ten years ago, there were nearly 3,000 people in Allegheny County Jail. Data show that number has dropped by a third over that period to 1,900 as of this month.
In addition to state laws that would mandate better voter education in jails, Kimmenez says combating apathy and misinformation are other huge hurdles for his cause. He works with formerly incarcerated advocates who have heard from some inmates that they’ve been disenfranchised.
“Depending on where you're at, you've got people telling you really illegally that you can’t vote,” Kimmenez said.
Lawmakers’ desire to expand voting access to everyone comes down to “human progress and is a cornerstone of our democracy,” Abney said in a statement. “We must do all that we can to ensure every eligible voter has access to the ballot, including those in jail.”
