This story is part of Locked Out, a special series from PJP about voting, politics and democracy behind bars. Click here to read more.

In many states, formerly incarcerated people are free to vote once they’ve completed their prison sentence.

Only recently did I learn that this is true in California, where I am currently incarcerated and where my father, Rey Chavez, was also imprisoned for over 40 years. In 2020, voters here approved Proposition 17, which restored the right to vote for people with past felony convictions.

Earlier this summer, when I learned this years-old news, I reached out to my father to discuss this and other issues related to voting. He and I were incarcerated at the same time for a while, and at one point even shared a cell at Pelican Bay State Prison in Crescent City, Calif. During our conversation, I discovered that he was also unaware of his voting rights. 

For another perspective on voting in California, read Salvadore Solorio’s essay on Proposition 17.

My father, whose sentence began during President Jimmy Carter’s administration, attempted to register to vote soon after his 2021 release. For reasons he still doesn’t understand, his registration was not accepted. As a result, he believed he was unable to vote. 

He is not alone. In 2022, University of California, Berkeley, law professor Emily Zhang told the nonprofit news site Oaklandside: “A law changing can only do so much. There’s the second part, which is to make sure people know about the law.” 

The law professor cited several sources of confusion, including different voting laws state by state, outdated government forms with bad information, and inadequate communication from the government about the new law. 

In our interview, which has been edited for length and clarity, my father was happily surprised to learn about the restoration of his voting rights.

As we were preparing this interview, President Joe Biden announced he would not be running for reelection, and the Democratic Party quickly coalesced around Vice President Kamala Harris.

Q: Congratulations, first of all, for being granted parole after such a long time. What are your thoughts about the fact that all former felons can now vote in California and other states once freed from imprisonment, regardless of criminal history?

Rey: Can we? That hasn’t been my experience. When I was released in 2021, I submitted a voter registration soon thereafter but was denied, inexplicably. [I assumed it was because of] my past convictions. 

Q: This is a relatively new rule change, enacted in early 2021, the year you paroled. That might have something to do with it. Ex-offender voting eligibility varies state to state (and thus, should be researched). But it’s true, formerly convicted Californians, once freed, are also free to vote. What do you think about this?

Rey: First of all, I’m surprised, and I plan to look into this. If I can vote, I will, because I don’t want society to fall back to the dark ages, when tough-on-crime politics meant life sentences for petty crimes. Yes, committing crimes multiple times requires punishment and consequences. But getting life for petty crimes was unjustified. If we’re not attentive, politicians who’d love to regress to those old tough-on-crime attitudes could be put in power and unjustifiably start burying us alive again. [Editor’s note: Within weeks after Angel and Rey’s discussion, Rey successfully registered to vote.]

Q: Going back to your 2021 registration attempt, what do you think the impact of unexplained denials are?

Rey: Denials can give the wrong impressions to potential voters. I thought I couldn’t legally vote because of it. I’m not discouraged, but others might get frustrated or discouraged from trying again. More needs to be done to promote and educate prisoners and parolees on the regained right to vote so every released person is aware. 

Q: What would you tell others released from prison to encourage them to vote?

Rey: I’d explain that to be deprived of voting or to refrain from it is to be excluded from fully integrating into our communities. I see voting as a way to start to right past wrongs. While in prison for crimes we once committed, we aren’t contributing. Rather, we’re “taking” from society. By exercising our right to vote we are contributing and actually giving back to our communities. Voting also makes us feel valuable as we help protect democracy by being good representatives of the community.

Q: What are your thoughts on the current political climate? Are there any issues of importance or causes for concern that make voting by formerly incarcerated people increasingly urgent?

Rey: Yes, many. First, we must vote the right politicians into power. We’ve seen how anyone not loyal (to one presidential candidate and his party, in particular) may be prosecuted for treason. Consider the example of former President Trump’s call for the incarceration of former Sen. Liz Cheney. 

Another politicized problem that makes voting important is homelessness. Many of us are homeless when we’re released from prison, and if homelessness is criminalized, then what chance of success does a homeless parolee have? 

If we vote, we can vote for those who help people better themselves through solid, helpful programs, offer decent housing and create more quality job opportunities upon release. 

Most important to me, though, is the urgent need to end life-without-parole sentences. LWOP is inhumane. We need to vote for policies and for politicians that will do away with harsh treatment and show compassion. 

Our voting is vital. What if someone or some law that I support or oppose is one vote short either way? My vote can be that one needed vote. If after years of taking from society by committing crimes and doing time, I could now give back to our community by respecting society’s laws, working hard and voting, I want to do so.

For information on each state’s laws regarding disenfranchisement and the right to vote by formerly incarcerated individuals, refer to the U.S. Department of Justice Civil Rights Division’s “Guide to State Voting Rules that Apply After a Criminal Conviction.” Also review this brief by the National Conference of State Legislatures for updated information on voting laws.