Ending the De Facto Disenfranchisement in Our Carceral System

Prison

October 6, 2021

Chairman Finegold, Chairman Ryan, and Members of the Joint Committee on Election Laws:

I am submitting testimony in my capacity as Chair of the Issues Committee of Progressive Massachusetts. We urge a favorable report for S.474 / H.836: An Act to Protect the Voting Rights of Eligible Incarcerated People.

Progressive Massachusetts is a statewide grassroots organization devoted to advancing policies that would make Massachusetts more equitable, just, sustainable, and democratic.

We believe that our democracy is strongest when all are able to participate, but many prospective voters face near insurmountable barriers in seeking to do so.

Take, for example, those who are incarcerated. In Massachusetts, individuals who are incarcerated without felony convictions maintain their right to vote, but too often they are unable to exercise that vote in practice. If individuals do not have timely access to the materials and information they need to vote, then that right does not exist.

It is important to remember that many of these incarcerated individuals are in pre-trial detention: in other words, they have not yet been convicted of any crime, but they are, in practice, losing their right to vote.

When incarceration leads to a loss of voting rights, it is clear that mass incarceration is a form of racist voter suppression. Indeed, while only 21 percent of the state’s population is Black or Latinx, more than 54 percent of the people incarcerated in the Department of Corrections are. Mass incarceration is systematically reducing Black and Brown voters from the electorate.

It is not lost on us that the only two states in the US that have full voter enfranchisement, including for those incarcerated with felony convictions, are Maine and Vermont, the two whitest states. Indeed, we can see the clear connections to the history of racist voter suppression in this country that we routinely call out when it happens elsewhere and need to call out when it happens here.

The practices and procedures around voting within our correctional system have an impact on incarcerated individuals even beyond their time there. When individuals are confused about whether or not they maintain their right to vote, they can be led to believe that they have lost it, even when they return to the community. Even though we have no laws disenfranchising individuals post-incarceration, I have—in my experience volunteering around the commonwealth—encountered individuals who believed they could not vote because of a past conviction. Confusion is a hallmark of voter suppression.

These bills would help us end such disenfranchisement by requiring sheriffs to provide all eligible voters ballot applications, voting materials, and a private place to vote, and to ensure timely return of applications and ballots, among other steps; and by improving registration rates for returning citizens. It also strengthens data and reporting because you can’t fix what you can’t measure.

Studies have shown that voting and civic participation are conducive to successful re-entry by giving returning citizens a stake in the future of their community. When we vote, we are voting for the world we want, or at least prefer, to live in, and we are strengthening the social fabric.

We urge you to vote in support of this bill to make the right to vote meaningful ­­­­­­for all.

Sincerely,

Jonathan Cohn

Chair, Issues Committee

Progressive Massachusetts

The MA Senate Passed the VOTES Act 36 to 3. Here’s a Recap.

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Earlier this evening, the MA Senate voted 36 to 3 to pass the VOTES Act (S.2545: An Act fostering voter opportunities, trust, equity and security), a vital election reform bill that would create a permanent option for vote-by-mail, expand early voting opportunities, and enact Same Day Registration and jail-based voting reforms. The 3 NO votes came from the chamber’s 3 Republicans.

Here’s a deeper dive on what the bill does:

Permanent No-Excuse Mail-In Voting

  • Requires the Secretary of the Commonwealth to send out mail-in ballot applications to all registered voters on July 15 of every even-numbered year.
  • Guarantees postage for mail-in ballot applications and ballots.
  • Ensures the counting of any ballots received by 5PM on the third day after the biennial state election.
  • Gives municipalities the option to set up secure drop boxes for mail-in ballots.
  • Allows election officials to pre-process mail-in and early voting ballots in advance of Election Day.

Same Day Registration

  • Enables individuals to register to vote during early voting periods and on Election Day.

Expanded Early Voting

  • Requires two weeks (including two weekends) of early voting in-person for biennial state elections and any municipal elections held on the same day.
  • Requires one week (including one weekend) of early voting in-person for a presidential or state primary and any municipal elections held on the same day.
  • Allows municipalities to opt-in to early voting in-person for all other municipal elections.

Jail-Based Voting Reforms

  • Ensures that individuals who are incarcerated who are currently eligible to vote are provided with voting information and materials to exercise their right to vote.
  • Requires correctional facilities to display and distribute information about voting rights and procedures, as prepared by the Secretary of the Commonwealth.
  • Requires facilities to assist individuals who are incarcerated in registering, applying for, and returning mail ballots.
  • Ensures that individuals who are incarcerated are properly notified of their right to vote upon release and given the opportunity fill out a voter registration form.

The bill would also allow a voter with disabilities to request accommodations from the Secretary of the Commonwealth to vote by mail (including electronic and accessible instructions, ballot application, ballot, and a voter affidavit that can be submitted electronically) and requires the Secretary of the Commonwealth to enroll Massachusetts in the the Electronic Registration Information Center (ERIC), which helps states keep more accurate voting rolls, no later than July 1, 2022. States in ERIC received regular, securely generated reports on that show voters who have moved within their state, voters who have moved out of state, voters who have died, duplicate registrations in the same state, and individuals who are potentially eligible to vote but are not yet registered. Galvin was required to join this by the Automatic Voter Registration bill passed in 2018 but has not yet done so.


Good Amendments That Passed

During floor debate, the Senate passed several amendments to strengthen the bill.

Amendment #1, filed by Adam Hinds (D-Hinds) and backed by the Democracy Behind Bars Coalition, strengthened the Jail-Based Voting language in the bill by being more clearly directive in instructions for houses of corrections (e.g., requiring that incarcerated individuals be provided access to sufficient writing instruments to fill out applications or ballots), prohibiting the opening of ballots or delaying of mailing them by correctional staff, requiring that incarcerated individuals be provided information about their voting rights and a (postage-paid) voter registration form upon release, and requiring quarterly reports from houses of correction to the Secretary of the Commonwealth about newly incarcerated individuals who would be eligible to vote and newly released individuals who had been incarcerated with felony convictions and would be now eligible to vote again.

Amendment #13, filed by Julian Cyr (D-Truro), which extended the deadline for submitting vote-by-mail applications from 7 business days before the election to 7 days before.

Amendments #18 & 19, filed by Becca Rausch (D-Needham), which clarified language in the underlying bill to ensure that vote-by-mail and Same Day Registration provisions apply to municipal elections as well.

Amendment #33, filed by Becca Rausch (D-Needham), which made police presence at the polls on Election Day optional as opposed to required for municipalities, reflecting a change made in the bill for early voting sites.

Amendment #35, filed by Becca Rausch (D-Needham), which would require a robust, multi-language public awareness campaign about the reforms in the bill.

Good Amendments That Were Voted Down

Unfortunately, the Senate voted down many other good amendments, often by voice vote, such as amendments from Sonia Chang-Diaz (D-Jamaica Plain) about transliteration of ballots and pre-registration in houses of corrections; an amendment from Jamie Eldridge (D-Acton) on automatic registration at houses of corrections; and amendments from Becca Rausch (D-Needham) to provide for enforcement of the language around ERIC, require polling locations near college campuses, move the state primary to June, and allow voters to return mail ballots at their regular polling place.

Three of Rausch’s amendments received recorded votes.

Paid Time Off for Voting: Amendment #4, filed by Rausch, would have required that all workers be able to take 2 hours of paid time off to vote, ensuring that a work schedule is not a barrier to participating in our democracy. The amendment failed 12 to 26. Barry Finegold (D-Andover) spoke for Senate Leadership against the amendment but did not make any substantive arguments against it.

Drop Box Accessibility: Amendment #17, filed by Rausch, would have required at least one secure, accessible drop box location per 25,000 registered voters in a municipality. It failed 13 to 25. Cindy Creem (D-Newton) argued for Senate Leadership against it, claiming that it would be too costly for cities and towns; if that was a real concern, then Senate Leadership could have decided to include the funds for it.

Permanent Vote-By-Mail Enrollment: Amendment #21, filed by Rausch, would have enabled voters to enroll in vote-by-mail on a permanent basis, rather than just election by election. It failed 7 to 31. Sen. Barry Finegold (D-Andover) argued against it for Senate Leadership, noting that people’s addresses change; however, the state’s enrollment in ERIC would address that issue.

Happy or disappointed with how your senator voted? Let them know.

The VOTES Act Is Good. Here’s How It Could Be Better.

Tomorrow, the MA Senate will be taking up the VOTES Act, which contains a number of important pro-democracy reforms such as making expanded early voting and vote-by-mail permanent and enacting Same Day Registration so that voters can register or update their registration at the polls.

The MA Senate deserves credit for advancing a strong and comprehensive bill with popular, time-tested, and effective reforms. But the Senate can also make the bill even stronger by including the following amendments:

Amendment #1 (Hinds): Protecting ballot access for eligible incarcerated people, which would require correctional officials to send incarcerated individuals information about their rights, distribute registration forms and absentee ballots to all eligible voters, and ensure that the votes are collected and transferred to election officials, among other reforms to the jail-based voting language.

Amendment #4 (Rausch): Paid time off for voting, which would guarantee workers 2 hours of paid time off to vote, making sure that long hours are not a barrier to participation.

Amendment #111 (Chang-Diaz): Providing Access for Transliterated Ballots, which provides for transliteration of ballots in languages that do not use the Roman alphabet, thereby ensuring that language is not a barrier to full participation.

Amendment #17 (Rausch): Ensuring Access to Ballot Drop Boxes, which requires municipalities to have at least one secure and accessible drop box location with a requirement that larger ones have at least one secured municipal ballot drop box for each twenty-five thousand registered voters.

Amendments #18 & 19 (Rausch): Ensuring Election Day Registration in All Elections / Ensuring Vote By Mail Access in Municipal Elections, which ensure that the reforms in the bill apply to preliminary and general municipal elections. Amendment #28 (Rausch): Permitting Vote By Mail Ballots to be Returned to Regular Polling Places, which would allow voters to drop off mail ballots at their regular polling locations.

Can you email your state senator in support of these important amendments?

Take Action in Support of #NoCostCalls

Right now, families are charged exorbitant fees to maintain vital connections with incarcerated loved ones. This is a regressive tax on the most vulnerable populations of the Commonwealth that also harms public safety by limiting communication and weakening community bonds .

While only 21 percent of the state’s population is Black or Latinx, more than 54 percent of the people imprisoned by the Department of Corrections are. Black and Latinx children are, respectively, nine and three times more likely than White children to have a parent in prison. As communities already struggle with the high cost of housing, health care, and transportation, no one should be forced to choose between paying rent or buying groceries and maintaining contact with loved ones.

Today, the Judiciary Committee will be hearing testimony on important legislation to eliminate such fees.

Can you submit testimony to the Judiciary Committee in support of the #NoCostCalls bill?

Redistricting and YOU: How to Effectively Lobby for Fair Maps in MA

This year — likely this MONTH, the Massachusetts Legislature will be drawing the legislative and Congressional districts for the next decade. The Drawing Democracy Coalition recently released a Unity Map informed by community groups across the state. What are the key features of this map? How does one set priorities in redistricting? What makes a map fair? And how can we be effective advocates?

Next Thursday at 7 pm, we’ll have a discussion with Jordan Berg Powers of Mass Alliance, Beth Huang of the Massachusetts Voter Table, and Roberto Jiménez Rivera of the Boston Teachers Union.

RSVP HERE.

Celebrate National Voter Registration Day by Advocating for Democracy

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Today (Tuesday, September 28) is National Voter Registration Day, and there couldn’t be a better day to reflect on how we can eliminate the unnecessary barriers people face to participating in our democracy.

This fall, the MA Legislature will likely pass an election reform package that makes permanent the popular voting reforms from the past two years like expanded early voting and vote-by-mail. However, just passing those alone is not enough. We have an opportunity to pass an ambitious bill that finally tackles some of the enduring obstacles to participation.

Tell your legislators that we need the strongest possible voting rights package this fall.

What does that mean?

It means passing Same Day Registration so that all eligible voters can register to vote or update their registration at the polls.

And that means passing strong language around Jail-Based Voting to end the de facto disenfranchisement that too often happens behind the wall and leaves returning citizens unsure about their rights.

We can pass a strong bill that includes such reforms, but for that to happen, your legislators need to be hearing from you.

Upcoming Events

Drawing Democracy Coalition to Release Unity Maps

The Drawing Democracy Coalition will be revealing its unity maps for state legislative redistricting @ 1 pm. Tune in on Facebook to learn more about our proposal for fair districts and how we can build political power for BIPOC, immigrant & low-income communities.

Drawing Democracy Coalition Unity Map Reveal

Rally to Defend Abortion: Saturday, 10/2

This Saturday, October 2, please join allies NARAL MA, ACLU of Massachusetts, and Planned Parenthood Advocacy Fund of Massachusetts for the Boston Rally to Defend Abortion.

Abortion access and reproductive freedom are under attack across the country. Texas’ SB8 has emboldened anti-abortion politicians to propose copycat laws in their states. To make matters worse, the United States Supreme Court, which allowed this blatantly unconstitutional law to stand, is set to hear the most consequential challenge to abortion rights in thirty years, on December 1.

As a national model for reproductive freedom, Massachusetts must lead the fight to defend abortion.

Boston Rally to Defend Abortion!

Saturday, October 2, 12-1:30pm

Franklin Park Playstead

Pierpont Road, Boston MA

VOTES Act Lobby Day

On Wednesday, October 6, the Election Modernization Coalition is hosting a Lobby Day for the VOTES Act Lobby from 12 Noon to 1:30 PM via Zoom.

As a reminder, the VOTES Act (S.459) would implement many of the reforms that Massachusetts voters have grown used to, like voting by mail and early in-person voting, along with new reforms like Same Day Registration (SDR) and risk-limiting audits.

RSVP for the Lobby Day here.

Support Indigenous Peoples Day

The Joint Committee on State Administration and Regulatory Oversight is hearing testimony today in support of honoring Indigenous Peoples Day on the second Monday of October.

You can write to your legislators in support here.

There shouldn’t be a voter registration deadline.

If you live in Boston, Brockton, Framingham, Gloucester, Haverhill, Lynn, Malden, Medford, Newton, Peabody, Quincy, Revere, Salem, Somerville, or Worcester, then today is the last day to register to vote or update your registration before the September 14th preliminary. You can do that online here.

That, however, raises a key question: Why do we even have such a 20-day cutoff at all?

Our neighbors in Maine, New Hampshire, Vermont, and Connecticut all allow eligible voters to register or update their registration at the polls. In total, 20 states and DC have Same Day Registration.

So we know it’s possible. And we know it works: studies have shown that Same Day Registration is one of the best reforms for increasing voter participation.

When the MA House and MA Senate consider a voting reform package this fall to make some of last year’s changes permanent, it’s vital that Same Day Registration be a part of it.


Can you email your state legislators today in support of Same Day Registration?


There’s a LOT Going on This Week

This past weekend marked the first time that Juneteenth was recognized as a federal holiday.

Juneteenth is the oldest known celebration of the end of slavery, with its date stemming from when the Union General Gordon Granger formally announced enforcement of the Emancipation Proclamation in Galveston, Texas.

Juneteenth is a day to celebrate, but also a reminder of how much work is still to be done, as the legacies of slavery live on in our policing systems, carceral systems, housing segregation, inequalities of wealth and access to public goods, and more. 

TODAY & TOMORROW: Fair Share Amendment Campaign Launches

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Boston! 

Calling all Boston area Fair Share Amendment supporters!

RSVP to attend the campaign launch for Fair Share in Boston tonight at 5 pm outside the Bolling Building (2300 Washington St) in Roxbury! 

Springfield & Western Mass!

Calling all Springfield are Fair Share Amendment supporters!

RSVP to attend the campaign launch tomorrow (Tuesday) at 6 pm outside Springfield City Hall. 

Anywhere & Everywhere! 

Don’t forget to sign a Fair Share pledge card!

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WEDNESDAY: Driving Families Forward Hearing Watch Party 

Driving Families Forward

The Driving Families Forward Coalition will be hosting a virtual watch and action party for supporters and coalition partners from 2-4PM on Wednesday, June 23rd, during the bill’s hearing!

RSVP HERE to join.

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SATURDAY: FREEDOM TO VOTE RALLY 

Pass S1: For the People

Join us at the Freedom to Vote Rally on 6/26/21 at 2 – 3:30PM in the Boston Common! There is overwhelming public support for voting rights! Push the Senate to pass S.1 for the People Act.

Join Indivisible Mass Coalition, Swing Blue Alliance, NAACP-Boston, Common Cause MA, Progressive Mass, JALSA, Act on Mass, Free Speech for People, Mass Peace Action, TPS Alliance, Indivisible Acton Area & others at the Rally.

Your strong voice at this critical moment is essential. The fate of our democracy hangs in the balance. This rally is one of the thousands of events to be held across the country to demonstrate massive grassroots support of the For the People Act.

Voter suppression has a disproportionate impact on voters of color. The Boston Freedom to Vote rally will coincide with the arrival in Washington D.C. of the Freedom Ride bus tour. This bus tour, organized by Black Voters Matter, commemorates the 60th anniversary of the original Freedom Ride movement as a means to unite voters in the fight to protect voting rights. We cannot let legislators continue to strip away voting rights, particularly impacting Black voters.

To meet this moment, we are assembling all the supports that are needed, including event marshals and peacekeepers, water stations, medical support and a fully equipped stage with a state of the art sound system. If you can volunteer, please email debi.cpaul@gmail.com.

Hope to see you this week!

When the Right to Vote Is Under Attack

Join us at the Freedom to Vote Rally on 6/26/21 at 2 – 3:30PM in the Boston Common! There is overwhelming public support for voting rights! Push the Senate to pass S.1 for the People Act.

Join Indivisible Mass Coalition, Swing Blue Alliance, NAACP-Boston, Common Cause MA, Progressive Mass, JALSA, Act on Mass, Free Speech for People, Mass Peace Action, TPS Alliance, Indivisible Acton Area & others at the Rally.

Your strong voice at this critical moment is essential. The fate of our democracy hangs in the balance. This rally is one of the thousands of events to be held across the country to demonstrate massive grassroots support of the For the People Act.

Voter suppression has a disproportionate impact on voters of color. The Boston Freedom to Vote rally will coincide with the arrival in Washington D.C. of the Freedom Ride bus tour. This bus tour, organized by Black Voters Matter, commemorates the 60th anniversary of the original Freedom Ride movement as a means to unite voters in the fight to protect voting rights. We cannot let legislators continue to strip away voting rights, particularly impacting Black voters.

To meet this moment, we are assembling all the supports that are needed, including event marshals and peacekeepers, water stations, medical support and a fully equipped stage with a state of the art sound system. If you can volunteer, please email debi.cpaul@gmail.com.

Next Wednesday @ 6 PM: Democracy Denied Town Hall 

A town hall discussion on hyper-incarceration’s effect on political power, and the movement to ensure democracy does not stop at prisons and jails.

Presented by the Democracy Behind Bars Coalition, Senator Adam Hinds, and Representatives Tyler and Miranda

RSVP here. 

Here’s How MA Can Strengthen Democracy for Our Local Elections

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Wednesday, June 23, 2021

Chairman Finegold, Chairman Ryan, and Members of the Joint Committee on Election Laws:

My name is Jonathan Cohn, and I chair the Issues Committee at Progressive Massachusetts, a statewide grassroots advocacy group committed to fighting for progressive policy here in the Commonwealth. A core part of our platform is an electoral system that expands voting, the electorate, and its trust in candidates and elected officials.

Accordingly, we urge you to give a favorable report to S.485/H.825: An Act providing a local option for ranked choice voting in municipal elections.

When voters get to the ballot box, they can face complicated choices. Our first-past-the-post system forces ordinary voters to weigh whether they can vote for their preferred candidate or whether doing so would lead to a “spoiler effect” that gives a candidate they like less a clearer path to victory. This same dynamic can lead candidates and their supporters to try to force similar candidates out of a race due to a fear of “vote splitting.”

Within the current system, the ultimate winner may command less than a majority support, a contradiction of a basic tenet of democracy and a far too common occurrence in Massachusetts elections. Ranked Choice Voting would eliminate these problems by enabling voters to rank the order of their preferences on the ballot and ensuring that whoever wins does so with majority support.

Although the ballot initiative to implement Ranked Choice Voting for state and county elections did not pass last year, the measure did pass in 78 municipalities in varying parts of the Commonwealth. If such municipalities wish to adopt Ranked Choice Voting for local elections, they should not have to face undue hurdles to doing so.

Sincerely,

Jonathan Cohn

Chair, Issues Committee

Progressive Massachusetts

Call Them Maybe?

Passing a progressive agenda requires engaging people across the Commonwealth to reach out to their legislators. 

So call them maybe? 

Safe Communities Act Phone Banks

The Safe Communities Act achieved major progress last year. Building on that momentum, we’re ready to fight for a victory this session.

But we need a supermajority of House and Senate votes to overcome an expected Governor’s veto. That’s two-thirds of each chamber: 107 House votes and 27 Senate votes.

Help us engage constituents in purple districts, so that swing legislators can be confident they have public support when they take that vote.

Join us for a Zoom Phone Bank tomorrow at 6 pm — or Wednesday, June 23rd — to call voters in swing districts to generate calls to their legislators! Register here—and don’t forget to invite your friends!

There will be a short training at the beginning, log-in information, and lists for phone banking. You’ll need a computer and phone to participate, and you’ll get Zoom information on how to join when you RSVP.

Democracy Behind Bars Phone Banks

The Democracy Behind Bars Coalition is a coalition of advocacy and community organizations, direct service and religious groups, and individuals committed to ensuring that democracy does not stop at prisons and jails in Massachusetts. Specifically, the coalition is working to ensure incarcerated people who have the right to vote have access to the ballot; to ensure that over-policed communities are not stripped of political power through prison gerrymandering; and to restore the right to vote to all incarcerated Bay Staters.

The Coalition will be calling constituents of constituents of key legislators to ask them to ensure that the Jail-Based Voting Bill has an early hearing and is sent to a vote. We need your help!

You’ll get training on how to use ThruTalk, key talking points, and help throughout if you have any questions.

Sign up to Phone Bank:

  • Thursday June 10th 5pm-7:30 pm
  • Thursday June 17th 5pm-7:30pm
  • Thursday June 24th 5pm-7:30pm

Hope to see you on the phones!