Campaign Legal Center (CLC) is representing Voice of the Experienced (VOTE) and an incarcerated first-time voter in a case challenging laws which bar eligible, first-time voters in East Baton Rouge jail from voting. Many people in jail are eligible to vote, such as those who are pre-trial or serving misdemeanors, which usually do not affect voting rights. This right to vote is protected under state and federal constitutions. But for some jailed voters in Louisiana, this constitutional promise is impossible to fulfill. Read more on this loophole that silences voters here.
Campaign Legal Center and Voice of the Experienced (VOTE) Challenge Laws in Louisiana that Disenfranchise First-Time Voters in Jail
EAST BATON ROUGE, La. — On Thursday, December 11, Campaign Legal Center (CLC), on behalf of Voice of the Experienced (VOTE) and an incarcerated first-time voter, filed a lawsuit challenging contradictory Louisiana laws that deny ballot access for first-time voters in jail, despite explicit constitutional protections guaranteeing them the right to vote.
Under the Louisiana Constitution, every eligible voter has the right to cast a ballot. That includes people in jail who are awaiting trial and presumed legally innocent, as well as those serving sentences for misdemeanor convictions that do not affect their voting rights. But Louisiana’s conflicting laws make that constitutional promise impossible to fulfill.
Here’s the issue:
- One set of state laws requires first-time voters to cast a ballot in person.
- Another set of state laws requires voters in jail to vote absentee.
- The combination of these laws means that first-time voters in jail have no way to cast a ballot.
This is an impossible bind. First-time voters in jail can’t vote in person, and they can’t vote absentee. They are locked out entirely.
Louisiana’s first-time voting requirement is not unique to jailed voters. Many other people may struggle to vote in person, like those with disabilities or students away at college. The law allows for these individuals to vote absentee for the first time if they provide paperwork showing their identity and the reason why they can’t vote in person. But there’s no such exception for jailed voters, even though the sheriff can verify their identity and incarceration status.
“Most folks don’t even know they still have the right to vote if they are in jail. Once they find out they’re eligible, they take the effort to be a civically engaged citizen because they want to be part of their community, and they want their voice heard,” said Checo Yancy, policy director at VOTE, who has organized registration drives attended by over 100 people in East Baton Rouge Parish Prison (Jail). “The men and women in the jail are excited to vote in elections that impact them, but then Louisiana blocks them if it’s their first time voting. That makes no sense. It should not be this hard for people who are eligible and trying to do the right thing.”
“When we talk about voting rights for people in jail, we’re talking about real people in our communities who want to participate and are being denied because the state won’t fix a problem it has known about for years,” explains Norris Henderson, executive director at VOTE. “Louisiana’s Constitution is clear: if you’re eligible to vote, you have the right to vote. But first-time voters in jail have no way to cast a ballot. This lawsuit is about making Louisiana keep its word and treating every voter with dignity. Democracy doesn’t stop at the jailhouse door.”
“The Louisiana Constitution is clear that all eligible voters have a right to exercise their freedom to vote, but Louisianans in jail who are voting for the first time have no avenue to do so,” said Kate Uyeda, legal counsel for voting rights at Campaign Legal Center. “Restricting access to the ballot denies voters the ability to make their voices heard. Campaign Legal Center and VOTE will be working to close this loophole because our democracy works best when everyone can participate.”
Louisiana should advance a democracy that includes all eligible voters, not one that systematically excludes people based on their circumstances. The Louisiana Constitution already affirms this principle; now the state must live up to it.
Follow the latest updates on this lawsuit via Campaign Legal Center’s case page.
