“The time is right for Massachusetts to end felony disenfranchisement.”

Prison

Testimony in Support of S.18 and H.74

Legislative Amendment to the Constitution Relative to Voting Rights

Joint Committee on Election Laws

April 26, 2020

Dear Chairman Finegold, Chairman Ryan, and members of the Election Laws Committee, 

We, the Democracy Behind Bars Coalition, are writing in support of S. 18 sponsored by Senator Adam Hinds and H. 74 sponsored by Representative Mindy Domb. We believe it is time to take the first step to restore voting rights to people incarcerated for felony convictions. Therefore we urge you to send S. 18 and H. 74 out of committee with a favorable review to create a path for voting rights to be restored through legislative amendment or ballot initiative.

In Massachusetts, we strip incarcerated citizens of the ability to exercise their political voice even though they are our most governed population. This happens through de jure disenfranchisement for those serving felony convictions, and de facto disenfranchisement for those held pre-trial or on misdemeanor convictions, as even eligible voters behind bars have virtually no access to a ballot. These systems systematically revoke political power from hyper-policed Black communities and communities of color. We, the Democracy Behind Bars Coalition, are working to end both de facto and de jure disenfranchisement, but we write today specifically in support of S. 18 and H. 74 to end the de jure disenfranchisement of those serving felony convictions. 

As you will read in testimony submitted today by currently and formerly incarcerated leaders of our coalition, maintaining the right to vote is critical to protect the dignity, wellbeing, and fundamental humanity of incarcerated people. Stripping people serving felony convictions of their right to vote serves no restorative or rehabilitative function, and it has no deterrent effect on crime. It distorts democratic outcomes and maintains mass incarceration. Felony disenfranchisement and jail-based disenfranchisement are certainly not the only culprits – redressing these issues alone will not solve mass incarceration or political inequality – but they are direct holdovers from slavery, Jim Crow, and voter suppression practices that target Black voters and voters of color, skew representation and public policy outcomes, and have no place in a racially equitable democracy. 

The time is right for Massachusetts to end felony disenfranchisement. 

In Massachusetts, individuals serving sentences on felony convictions lost the right to vote twenty years ago as a result of a ballot initiative and constitutional amendment put forth by the acting Governor Cellucci. It was a punitive measure in response to civic engagement initiatives by incarcerated individuals in the Norfolk Prison. This is a dark stain on Massachusetts’ history that took place at a moment when some states were beginning to move in the opposite direction and liberalize voting rights for the formerly incarcerated and ‘tough on crime’ was beginning to pivot to ‘smart on crime.’ 

Twenty years later, it is time to restore the right to vote to all incarcerated Bay Staters. Especially in a moment when voting rights and democracy itself are under attack, it is critical that we in Massachusetts actively and unapologetically work to protect our democracy – especially the political voice of our Black communities and communities of color who have systematically been the target of hyper-policing, mass incarceration, voter suppression attempts, and gerrymandering. 

As a coalition advocating to end the disenfranchisement of eligible incarcerated voters (those serving misdemeanors and imprisoned pre-trial) and to bolster the political power of returning citizens, we know all too well that felony disenfranchisement has effects that extend far beyond whether those serving felony convictions can vote. Eligible voters behind the wall and returned citizens in community frequently do not vote specifically because of confusion about the extent and duration of disenfranchisement within the criminal legal system. 

Now is the time to end the disenfranchisement of those behind the wall in Massachusetts. We must undo the punitive and harmful measure passed 20 years ago, and rejoin Vermont, Maine, and Washington DC in recognizing that the right to vote should never be taken away. 

We would like to thank Senator Adam Hinds and Representative Mindy Domb for their leadership on this critical legislation. 

Thank you for your consideration, and we hope to continue working with you to protect access to the ballot for all people in the Commonwealth. 

The Democracy Behind Bars Coalition, which includes:

The African American Coalition Committee (AACC)

The ACLU of Massachusetts

Common Cause Massachusetts

Decarcerate Western Massachusetts

Emancipation Initiative

Families for Justice as Healing

Healing Our Land, Inc. 

The National Council for Incarcerated & Formerly Incarcerated Women & Girls

The Massachusetts Voter Table

MassPOWER
Mass Political Cooperative

MOCHA

Progressive Massachusetts

Prisoners Legal Services

These Hearings Will Help Determine Our Congressional Map for the Next Decade

Earlier this week, we learned some great news: Massachusetts will keep all 9 of its seats in the US House of Representatives.

However, since the country as a whole grew (as did Massachusetts), the size of each Congressional district must grow from about 728,849 after 2010 to 781,497.

Some parts of the Commonwealth grew over the last decade, and some didn’t — and the lines all have to be redrawn.

Here’s where you come in.

The Legislature will be holding hearings about what those new lines should look line.

Next Tuesday (5/4), at 5 pm, the Legislature will hold a hearing about the future boundaries of MA’s 5th Congressional District. You can sign up to testify here.

  • Where’s the 5th? Arlington, Ashland, Belmont, Cambridge (partially), Framingham, Holliston, Lexington, Lincoln, Malden, Medford, Melrose, Natick, Revere, Sherborn, Southborough, Stoneham, Sudbury (partially), Waltham, Watertown, Wayland, Weston, Winchester, Winthrop, Woburn
Map of MA-05

On Monday, 5/24, at 5:30 pm, the Legislature will hold a hearing about the future boundaries of MA’s 2nd Congressional District. You can sign up to testify here.

  • Where’s the 2nd? Parts of Central Mass in & around Worcester and the Pioneer Valley in & around Northampton (See a full list here)
MA-02 map

So What is Redistricting Anyway?

Every 10 years, the MA Legislature — like state legislatures around the country — uses census data to redraw legislative districts for both state and federal officials. This includes your state representative, your state senator, and your Representative in the US Congress.

Redistricting is about more than just changing lines on a map: it’s about issues of equity and representation that are the bedrock of democracy. When done right, redistricting can increase the power of the communities that are so often disenfranchised — communities of color, low-income communities, and immigrant communities — and give them a greater voice in our political system.

But that doesn’t happen on its own.

In the coming months, we’ll be working with partners in the Drawing Democracy Coalition — community organizations, civil rights lawyers, policy advocates, data experts, and political scientists — to help make that happen.

Drawing Democracy

We’ll keep you posted in the coming months about how to best take action. For now, the first step is to make sure you stay informed. Subscribe to Drawing Democracy’s weekly newsletter, follow the coalition on Twitter, and like the coalition on Facebook.