Action Alert!                       HOME  |  ABOUT US  |  LINKS  |  CONTACT US  |  ACTION ALERTS  |  IN THE NEWS

Please stay tuned for future action alerts, and thank you for your support!

Proposal to the California
Corrections Standards Authority
(formerly the Board of Corrections)
Get Out the Jail Vote
September 13, 2007

Introduction
We propose that the Corrections Standards Authority communicate to all Local Detention Facility Administrators in the fifty eight California counties; the most recent legal clarification regarding Article II, Section 4 of the California Constitution.

CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL

SEC. 4. The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.

In the League of Women Voters of California et al.,Petitioners, v. Bruce McPherson, as Secretary of State, et al. In the Court of Appeal of the State of California First Appellate District Division One

Hon. Justice Stein, Hon. Presiding Justice Marchiano and Hon. Justice Swager
Hon. Justice Stein, Hon. Presiding Justice Marchiano and Hon. Justice Swager, state:
Page 16, Lines 24 through 28
(People v. Williams (1945) 27 Cal.2d 220, 228-229, emphasis in the original.) As a result, where the court suspends imposition of sentence and places the defendant on probation, the crime is a felony. However, because the court has suspended imposition of sentence, the defendant has not been convicted for purposes of article II, section 4, and the defendant, accordingly, is entitled to vote.

Page 17, Lines 1 and 2

DISPOSITION
Let the peremptory writ of mandate issue directing respondent, the Secretary of State, to issue a memorandum informing the county clerks and elections officials that the only persons disqualified from voting by reason of article II, section 4 are those who have been imprisoned in state prison or who are on parole as a result of the conviction of a felony.

This is why we are requesting the Corrections Standards Authority (CSA) (a state agency) to distribute the above information to the Administrators of all Local Detention Facilities in the fifty-eight counties of the state of California and thereby ensure full compliance with C.C.R. Title 15, Division 1. Article 6, Subsection 1071.Voting.
15 CCR s 1071

Cal. Admin. Code tit. 15, s 1071

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 15. CRIME PREVENTION AND CORRECTIONS
DIVISION 1. BOARD OF CORRECTIONS
CHAPTER 1. BOARD OF CORRECTIONS
SUBCHAPTER 4. MINIMUM STANDARDS FOR LOCAL DETENTION FACILITIES
ARTICLE 6. INMATE PROGRAMS AND ACTIVITIES
This database is current through 8/31/07, Register 2007, No. 35 s 1071. Voting.
The facility administrator of a Type I (holding sentenced inmate workers) II, III or IV facility shall develop written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes.
Note: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.

Thank you,

Tommy Escarcega
Executive Director, Proyecto Common Touch