ACLU Report States Wisconsin Jails Hinder Inmates Voting Rights

MILWAUKEE, WI – A report released on Wednesday by the American Civil Liberties Union of Wisconsin finds that there is widespread voting disenfranchisement among inmates being housed at the state’s jails and that most correctional facilities don't have policies in place to ensure the voting rights of prisoners..

The report, which was produced as part of a joint effort between the ACLU and group, All Voting Is Local, contends that the voting rights of inmates are being hindered because correctional facilities lack policies and enforcement that ensures equal access to the ballot. That practice, the report states, violates the government’s responsibility to make voting accessible to everyone.

“Our democracy works best when everyone participates,” the report states. “The fundamental right to vote is central to this, particularly during a global pandemic where government decisions have such an immediate impact on the lives of every Wisconsinite, it is critical that no eligible voter be denied this fundamental right. When eligible voters are denied this right, not only are their voices silenced, but also the voices of their families and communities.”

The report includes data that shows nearly 12,500 Wisconsin residents that are incarcerated in the state’s jails and prisons. The vast majority of prisoners are entitled to vote and jails are required by law to provide ballots and voting registration cards to inmates eligible to vote. State voting laws are such that residents serving misdemeanor jail sentences or who are awaiting trial are eligible to vote and are permitted to vote absentee is they cannot do so in person.

However, of the 72 Wisconsin counties who responded to the ACLU report, officials from 61 counties said that they have no written policies in place about how inmates can either register to vote or cast ballots. The report also states that 48 percent of counties have brief or vague policies while only one jail – Kenosha County – has a facility-based voting liaison to assist with voting matters. Only five county jail systems – Kenosha, Marathon, Milwaukee, Portage and Waukesha - have detailed plans in place to assist prisoners with voting.

ACLU officials said in a news release that the report makes specific recommendations that protect the voting rights of inmates and that help tear down existing barriers that keep prisoners from being able to either register to vote or cast a ballot.

“There is time to make these changes before the November election,” the report states. “Looking ahead to future years, Wisconsin decisionmakers must look at ways to extend the right to vote via an agent and expand options for proof of identity. Ultimately, no Wisconsinite should ever be disenfranchised. Only then will we move toward a democracy that truly works for us all.”