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Jail-Based Voting Legislation

The jail-based voting provisions in the VOTES Act, signed into law on June 22, 2022, were advanced by the Democracy Behind Bars Coalition.

Passing legislation is hard. With endorsing organizations from across the state and a few key allies in the statehouse, here’s how we got it done: 

 

  • Since 2018, the African American Coalition Committee (AACC) worked with Rep. Russell Holmes to draft jail-based voting legislation, with the first bill filed in 2019

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  • In 2020, the DBBC formed. In spring 2021, Reps. Liz Miranda and Chynah Tyler, along with Sen. Adam Hinds, introduced An Act to Protect the Voting Rights of Eligible Incarcerated People, a bill to ensure that those who maintain the right to vote while incarcerated are able to meaningfully access that constitutional right. The common sense legislation was supported by our incarcerated partners in the AACC. It would require sheriffs to provide absentee ballot applications and voting materials, ensure returning citizens are registered to vote, and more. 

 

  • While this bill did not advance out of committee, a crucial hearing was held by the Joint Committee on Election Laws in May 2021; lawmakers heard testimony from directly-impacted individuals underscoring the importance of this issue.

 

  • When the omnibus election bill, the VOTES Act, started moving through the Massachusetts Legislature in fall 2021, we mobilized to get our jail-based voting language into the bill. Our amendment, filed by Sen. Hinds, was adopted by the state Senate shortly before the VOTES Act was approved as well. 

 

  • That language was largely removed by a House committee, but in January 2022, Reps. Miranda and Tyler filed another amendment to the VOTES Act to further strengthen its jail-based voting provisions. Our amendment passed 153 to 5 in the House, a stunning level of support.

 

  • On June 23, 2022, Gov. Charlie Baker signed the VOTES Act into law. The jail-based voting provisions went into effect on Jan. 1, 2023. 

 

Learn more about this legislative journey from Al-Ameen Patterson, former chair of the AACC, here.

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