Congo: Some incarcerated people still have voting rights

Kenjuan Congo Jr. is a Smart Justice Ambassador for American Civil Liberties Union Delaware.

Election season is here, and so, voters across Delaware are taking to the polls to have their voices heard in national, state and local races. But, as we celebrate the democratic process, we cannot forget those people who have the right to vote but often are overlooked in terms of access: incarcerated voters.

In the United States, we believe that people are innocent until proven guilty, so the hundreds of people awaiting trial in Delaware prisons are still eligible to vote. In addition, people convicted of lesser crimes retain their eligibility, even while serving their sentences in prison. However, in the last few elections, only a handful of these voters have successfully cast ballots. There’s been a lot of national conversation around criminalization leading up to this year’s presidential election. A lot of that conversation is dehumanizing and treats individuals with records or experience in the criminal legal system as though they have no civic responsibilities or civil rights when it comes to elections.

That’s wrong, and it’s time we started talking about it.

We can’t forget that people held in Delaware prisons are still members of our community. They still have a voice and a right to be heard, especially when so much of what’s at stake in elections directly shapes the criminal legal system. The work of elected officials has some of the greatest impact on crime, sentencing, probation, rehabilitation services — the list goes on. The people impacted by policy decisions around these and other parts of the legal system should have a say in who our policy- and lawmakers are. And we should be upholding their voting rights by making sure they have true access to the ballot during elections.

The truth is simple: Being incarcerated doesn’t change someone’s status as a member of society with a voice and hope for a better future. In many cases, it also doesn’t change a person’s status as a citizen with the right to vote.

But what good is that right if you don’t actually have a guaranteed way to vote?

There are over a thousand people held in Delaware prisons while awaiting trial or with a lead charge of a minor crime. Historically, the state has only offered absentee ballots to eligible voters in its facilities. This has just not worked for most incarcerated eligible voters because they must navigate requesting a ballot, receiving it via the prison mail system and returning it in enough time to be counted. It also presents a special challenge to eligible voters who are incarcerated for a brief period right before and during an election.

But there is an easier solution: Delaware prisons should have polling stations.

Colorado recently became the first state to put polling locations in every county detention center and jail throughout the state, committing to the creation of approximately 61 polling places in carceral facilities. There is no reason Delaware could not do the same to ensure that all citizens can exercise their constitutional right to vote. Delaware has only four carceral facilities that subject individuals to 24-hour incarceration, so the burden of implementing this solution is slight.

Delaware needs change, now more than ever. There’s so much more that can be done to better protect the civil rights of our most marginalized community members, particularly when it comes to voting. State officials could make this change in time for the November general election, and the next governor could also implement this change in his or her new administration.

If we truly want to see the best version of Delaware, we must do everything we can to increase voter turnout and empower people to be engaged in their own democracy. Local initiatives like American Civil Liberties Union Delaware’s Every Vote Counts campaign are bringing attention to how far behind Delaware is among our fellow states when it comes to making sure residents can vote freely and fairly. There’s a long way to go to make our state truly voter-friendly, but getting polling stations in the prisons is a good step that can at least prevent further disenfranchisement this November.

Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org .