On Thursday, the House of Representatives adopted  an amendment backed by a statewide coalition (Democracy Behind Bars) to strengthen jail-based voting provisions of the VOTES Act (H. 4359).

 

Advocates say that jail-based disenfranchisement is a systemic problem requiring a comprehensive solution. The Jail Based Voting Amendment #13 filed by Representatives Liz Miranda and Chynah Tyler will do just that. Amendment language here: https://malegislature.gov/Bills/192/H4359/Amendments/House  and a summary here: bit.ly/amendment13summary
 
“Our Commonwealth’s responsibility to uphold the civil liberties and very basic human rights of incarcerated constituents cannot be fulfilled without a strong mechanism for accountability and public oversight,” says Representative Liz Miranda. “Jail-based disenfranchisement has further silenced the voices of those behind the wall who are experiencing inhuman conditions. In a time when our leaders have failed to respond, Democracy and the sacred right of voting has never been more important to incarcerated people and their loved ones in my community.“ 

 

“Access for incarcerated individuals to have the ability to vote is fundamental to our society,” said Representative Chynah Tyler. “Amendment #13 will preserve their eligibility to vote. Incarcerated individuals are still members of our society and they will be heard.”

 

In October, the Senate adopted a jail-based voting amendment filed by Senator Adam Hinds before passing the VOTES Act. The version of the bill released by the House Ways and Means Committee on Wednesday removed the language of that Senate amendment. By adopting Amendment #13, however, the House is slated to pass language even more comprehensive than that passed in the Senate.

 

Says Austin Frizzell, organizer with the MassPOWER Campaign: “We need clear and transparent requirements on the department of corrections and houses of corrections who consistently fail to respect the legal rights of incarcerated people to vote. We need basic reporting requirements: as things stand, there is no way to hold sheriffs and DOC accountable for jail-based voter suppression because the public has no access to data on participation – it isn’t tracked. We need to understand how many people can and do vote behind the wall, especially after legislation aimed at strengthening participation is passed.”
 
Advocates in the Democracy Behind Bars Coalition are thrilled that access to voting behind the wall is being increasingly centered as a democracy, racial justice, and criminal legal priority. And they say this moment is historic: for the first time in Massachusetts history, an elections bill will include provisions aimed at reducing barriers to casting a counted ballot for incarcerated eligible voters.  

 

“We are deeply grateful for House leadership’s commitment to protecting access to a counted ballot for those behind the wall in Massachusetts,” says Kristina Mensik, Democracy Behind Bars Coalition co-chair. “The House is posed to end jail-based voter suppression, period.” 

 

Earlier this year, Representative Liz Miranda  filed H. 836, An Act to Protect the Voting Rights of Eligible Incarcerated People, along with Senator Adam Hinds and Representative Chynah Tyler. This bill, and the similar language in Amendment #13 is championed by directly-impacted organizers in the Democracy Behind Bars Coalition. The coalition drafted the bill in partnership with the African American Coalition Committee in MCI-Norfolk. 
 
“Currently, those few eligible incarcerated voters who are able to access a ballot application find their application unduly rejected,” said Mensik. “It’s critical that elections officials are provided information on eligibility, and processing ballot applications. What’s more, we include provisions to help ensure that no eligible voter behind the wall is disenfranchised because they were unhoused before being incarcerated.”