It’s much too difficult for people in jail to vote. We can fix that 

By Bob Libal

Anti-voter legislation is trending in states across the country — exposing the lengths some will go to silence marginalized communities, particularly communities of color. 

But there is an eligible voting population that is frequently left out of the conversation: people who are residing in local jails. In 2024 alone, around 657,500 people were incarcerated in American jails, 69% of whom had not yet been convicted of a crime. Research shows that voter participation drastically declines when people are detained. 

This results in the de facto disenfranchisement of thousands of incarcerated people who are legally eligible to vote but blocked from casting their ballot; a quiet, but widespread erosion of voting rights driven not by laws, but by a lack of infrastructure and misinformation. 

There’s a solution. Across the country, jail-based voting programs have proven to be successful, including voter registration, education and the creation of polling locations. In addition to increasing voter participation, jail-based voting programs also allow individuals who are detained to participate in critical elections that will affect their political representation for years to come. 

The results are striking. In Washington, D.C., advocates and officials undertook a decades-long effort to expand voting rights for incarcerated people. Turnout among jail-based registrants in the November 2024 election reached 83% — compared to 71% among voters in the broader community. Similarly, in Chicago’s Cook County Jail, the introduction of in-person polling transformed participation. Before 2020, fewer than 7% of eligible detainees voted via absentee ballot. By 2023, turnout exceeded 50%, making it the highest-performing polling site in the city. 

These outcomes challenge the persistent myth that people in jail are disengaged from civic life. Rather, when given the opportunity, they vote, often at higher rates than their counterparts on the outside. These reforms are not just about fairness, but also about strengthening communities. 

Jail-based voting reforms would also help correct racial disparities.

Some states already recognize the urgency of this moment. In Colorado, jail-based voting expanded after the 2024 passage of SB 24, which requires county clerks and sheriffs to provide in-person voting in local jails. That year, at least 2,332 people voted from Colorado jails — approximately 25% of the jail population, up from just 380 voters (about 4%) in 2020.

In Nebraska’s recent primary, eligible incarcerated voters participated by mail or through designated agents. Meanwhile, New York lawmakers are considering the Democracy Detention Act. If passed, the bill would require jails to offer voter registration, absentee ballot access and on-site polling places. This would follow the model of Colorado, the first state to mandate in-person polling stations in every county jail. 

Jail-based voting reforms would also help correct racial disparities. In New York City, 93% of people in detention in Rikers are people of color, and the vast majority — 84% of the more than 6,600 people incarcerated — are being held pre-trial. 

The situation in Rikers is not an anomaly. It aligns with disenfranchisement practices seen throughout the country. As the Supreme Court’s decision in Louisiana v. Callais weakens the Voting Rights Act and deconstructs the political power and representation of Black voters nationwide, expanding jail-based voting is an effective way to protect and strengthen our democracy. 

By extending the franchise to those residing in local jails, American cities have the opportunity to improve public safety, reduce recidivism rates and increase voter participation. 

The path forward is clear. To make jail-based voting an effective and permanent practice across the country, state and local lawmakers must champion legislation and policy changes that ensure local jails are equipped with the necessary infrastructure to facilitate voting in an efficient way. The Sentencing Project and Campaign Legal Center recently partnered to make available a list of jail-based voting resources around the country. 

Expanding and investing in jail-based voting is not a fringe issue; rather, it is a litmus test of our commitment to the tenets of equal representation and rule of law. With America’s 250th anniversary on the horizon, a democracy that excludes citizens due to their involvement in the criminal legal system is a democracy unfulfilled. But one that actively expands the franchise and enables greater civic participation, even in the most overlooked places, is a democracy worth defending. 

Bob Libal is the Senior Campaign Strategist at The Sentencing Project.