Can Felons Vote in California Elections?

Having a past felony conviction in California doesn’t always mean you’ll never be able to vote again. This guide is for people with past convictions seeking to restore their voting rights. We will walk you through the current laws for formerly incarcerated individuals and explain the exact steps you need to take to regain your voice in California elections.

The California Voting Rights Restoration Amendment

In 2020, California voters approved an amendment to the California Constitution. Proposition 17, the Voting Rights Restoration for Persons on Parole Amendment, restored the voting rights of all individuals on parole after incarceration.

Prior to this amendment, California voting rights were restored only to those who had completed their entire sentences, including parole, probation, and supervised release. This left a large number of former inmates still completing parole for felony sentences who could not legally vote.

The Voting Rights Restoration Amendment removed a restriction in the California Constitution that specifically prevented parolees from voting. This was accomplished by adding the following to Article II, Section 2:

“(b) An elector disqualified from voting while serving a state or federal prison term, as described in Section 4, shall have their right to vote restored upon the completion of their prison term.”

The amendment restored voting rights to parolees. This allowed those with felony convictions the right to vote, except for:

• Those convicted of a felony crime who are currently imprisoned in a state or federal prison or serving out a state prison sentence in a county jail or correctional facility
• Those convicted of a felony crime (not a misdemeanor) who are currently in a county jail awaiting transfer to a state or federal prison

The following table explains when felons could vote before and after Prop 17 went into effect:

According to the California Secretary of State, you may register and vote if:

• You are on parole
• You are on probation
• You are in jail as a term of your probation for a felony or misdemeanor offense (for instance, if you must report on weekends)
• You are serving a felony jail sentence
• You are awaiting trial for any charge, but have not yet been convicted
• You are on mandatory supervision
• You are on post-release community supervision
• You are on federal supervised release
• You have a juvenile wardship adjudication

Misdemeanor convictions do not affect your right to vote in California. The only individuals who cannot register or vote are those who are currently serving a prison term for conviction of a felony in a state or federal prison or who are in a local detention facility for a felony criminal conviction.

How To Know if You’re Eligible

The state of California has a click-through eligibility test to let recently released parolees know whether they’re eligible to register to vote in state and local elections. You can start this test at the California Secretary of State’s website. The questions are straightforward:

• Are you a California resident?
• Will you be 18 years of age or older on Election Day?
• Are you currently incarcerated in a state or federal prison?
• Has a court found you mentally incompetent?

If you can answer “yes” to all questions, you should be approved to vote. A “no” response to any of the queries likely means you won’t be able to successfully reregister to vote right now.

That’s all! If you are on parole, probation, or any form of community control or supervision, you can register to vote. The state restores your voting rights upon release. All you need to do now is register.

Restoring Your Right To Vote

Your right to vote is automatically restored when you complete your sentence, but you still need to register. When a person is convicted of a felony, their voting registration is canceled. To register, you can go to the Secretary of State’s website or the county election office. You can also visit RegisterToVote.ca.gov to check your voter information and reregister.

If you are still incarcerated, you can request a voter registration card from the jail officials. If you ask for one and don’t receive it, contact your attorney or a public defender.

California is a vote-by-mail ballot state. If you request a mail-in ballot while still incarcerated but are released before it arrives, you can go to your polling place at your home address and ask for a provisional ballot.

If you’re enrolled in California’s Safe At Home program or other confidential address program, do not register online. The Safe At Home program can help you register to vote after release without losing your privacy. If you’re not sure whether you qualify for this program, contact your lawyer or public defender.

If You Lack a Home Address

It’s unfortunate, but many Californians on parole have trouble finding permanent housing. California’s voting laws permit unhoused voters to register and vote, as long as they have a location where they can receive a ballot and voting information.

The voter registration form has two sections for your address. The address where you live can be your street address. If you live in a location without a physical address, such as a campground, unhoused shelter, or vacant lot, you can describe the location in this section. You can put down the cross streets or nearest landmarks, such as “the camping spot near the church at First and Main.”

Your mailing address is where you normally receive mail. This can be a P.O. Box or a different location than your physical address, as long as you receive mail there. You cannot use a P.O. Box for your living address, but you can use one for your mailing address. Many shelters, churches, and aid centers will hold your mail if you want to use them for voting and other purposes.

Other Information

You must also include all other information, including:

• Whether you are a U.S. citizen
• Your full name
• Your birthdate, California driver’s license number (if any), last four digits of your SS#, and county of residence
• Previous registration history (party and address), if any
• Current party preference or “no preference,” which affects whether you can vote in California’s primary elections

If you don’t complete the registration card correctly, you won’t receive a mail-in ballot or appear on the voter roll at the polling station. If election officials cannot find your name on election day, you can still request a provisional ballot if you can provide ID, such as a current driver’s license, passport, military ID, or other identification.

You can get more information on registering to vote at the Secretary of State’s website.

Get Legal Assistance From a California Civil Rights Attorney

Voter disenfranchisement is still a real part of too many former inmates’ lives. Thanks to California’s current constitution, you should be able to register and vote in all federal, state, and local elections. If you believe a past criminal conviction is keeping you from voting, contact a California civil rights attorney for help.