Proposition 17: A Comprehensive Guide

Fiona, June, Allie, & Ryan

Summary of Actual Language: 

Proposition 17 would further expand voting rights for former prisoners. This proposition would allow these individuals to vote after their release from prison, and unlike the former decision, without completing their parole. 

History:

The topic of voting rights has been widely debated throughout American history. Restrictive English laws, where a criminal history might severely limit one’s rights in a practice called “Civil Death,” set a precedent for the early colonies. In the 1700s/1800s, many colonies restricted voting rights on the basis of “infamous crimes.”

Historically, disenfranchisement has had racial implications. Following the end of the Civil War and Reconstruction, black men gained the right to vote under the 15th Amendment. In response, many states passed laws that further restricted voting rights based on criminal history, and Southern states exploited the legal loophole of prison labor, leading to the mass incarceration of Black individuals. Disenfranchisement continues to perpetuate these legal differences based on race. 

Specific to California, voting rights were first discussed in the first Constitutional Convention in 1849. The debate occurred after the Mexican-American War, where the territory of California was ceded to the United States. This discussion revolved around who should get voting rights. Specifically, delegates debated whether former Mexican citizens and Indigenous peoples of the region should be able to vote, how long one must be a resident of California in order to vote (relevant given the California Gold Rush and westward expansion), and if committing a crime should result in a loss of voting rights. The matter was settled quickly and without much disagreement– it was decided that former prisoners would not have voting rights. This decision was not challenged until the 1960s/70s, where a 1974 decision ruled that felons could vote after completing parole. With Proposition 17 on the ballot, this matter is once again up in the air.

Arguments Against Prop 17:

Proposition 17 is opposed by the California Republican Party and State Senator Jim Nielsen (R), as well as the organizations Election Integrity Project California and Crime Victims United. Parole in California is for those who have committed serious & violent crimes, including murder, rape, kidnapping, assault, gang gun crimes, and human trafficking. Those in county jail for a misdemeanor or on probation already have the right to vote. Parole is a necessary adjustment period (usually 3 years) for violent criminals to prove they are ready and willing to re-enter society and regain freedoms including voting. The state closely monitors parolees to determine if they are ready. Giving parolees the right to vote before their parole is over would defeat the purpose of this essential acclimation period, especially since about half of parolees commit another crime during their parole. Violent criminals must be fully rehabilitated before earning social equality, especially the right to vote which directly impacts the lives of all other citizens. Vote NO on Proposition 17 for a justice system that ensures violent criminals pay for their crimes and are fully rehabilitated before re-entering society. 

Arguments in Support of Prop 17: 

Proposition 17 is endorsed by the California Democratic Party, governor Gavin Newsom, VP Candidate Kamala Harris, and the ACLU of California, among others. The passing of proposition 17 would allow convicted felons who have completed their prison sentence the right to vote. Parolees already pay taxes, hold jobs, and participate in all other aspects of society, and therefore should have the right to vote, as the representatives and policies being voted on impact their life just as much as any other Californian citizen. Parole serves as a reintegration period for those who have had to serve jail time, and the right to self-governance is a vital aspect of this reintegration to society. This right is already granted to parolees in 18 states, as well as the District of Columbia. When we look at these states, we see that this amendment lowers the rate of recidivism among felons on parole, because with suffrage comes the ability to participate in their community and see themselves and their ideas represented in their government systems to a larger degree. Voting is a constitutional right granted to all those over the age of 18, and the denial of this right to convicted felons serves to perpetuate systemic racism in our state. More non-white individuals are arrested and convicted of felonies, though more non-white individuals don’t commit felonies. These biases significantly dilute the impact of the vote of these underrepresented communities.

Money Analysis:

A PAC, also known as a political action committee, is a group that financially supports a party or candidate, but is not run by the party or candidate itself. There is no opposing PAC or otherwise source of money for this prop, but the supporting PAC and committee associated with Secretary of State Alex Padilla (D-CA) have received $528,112. Here are the top five donations to this fund, in order: 

–Susan Pritzker, $200,000; Susan is part of the Pritzker family, a very wealthy and very large family who do a lot of philanthropy. The entire family is engaged in politics and tends to lean liberal.

–ACLU of Northern California Board Issues Committee, $107,103.59; the ACLU, or American Civil Liberties Union, is a non-profit whose aim is to defend the civil rights and liberties of the American people, and this prop very much intersects with these beliefs. It has local branches around the country and provides legal assistance in cases when civil liberties are deemed to be at risk.

–California Nurses Association PAC, $30,000; this is the political arm of a labor union of nurses in California. They have leaned democratic in the past, and assumedly feel that nurses will be impacted by this proposition.

–SEIU-UHW West, $30,000; this is the California state branch of the Service Employees International Union of Healthcare Workers, which represents almost 1.9m workers in the US and Canada. The branch is headquartered in Oakland and tends to vote positively for propositions and the like that will financially help healthcare workers.

–Southwest Regional Council of Carpenters Political Action Fund, $30,000; much like the SEIU-UHW, this is a council of carpenters in the southwest United States, including southern California. They support protecting benefits and wages for workers, and the right to vote is included in those beliefs. 

Sources: 

“Bill Text.” Bill Text – ACA-6 Elections: Disqualification of Electors., leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200ACA6. 

“California Proposition 17, Voting Rights Restoration for Persons on Parole Amendment (2020).” Ballotpedia, ballotpedia.org/California_Proposition_17,_Voting_Rights_Restoration_for_Persons_on_Parole_Amendment_(2020). 

“Historical Timeline – Felon Voting – ProCon.org.” Felon Voting, 23 Sept. 2020, felonvoting.procon.org/historical-timeline/. 

Marzorati, Guy. “Proposition 17 and the History of Voting Rights for Formerly Incarcerated Californians.” KQED, 12 Oct. 1970, www.kqed.org/news/11841345/proposition-17-and-the-history-of-voting-rights-for-formerly-incarcerated-californians. 

“Proposition 17 Arguments and Rebuttals: Official Voter Information Guide: California Secretary of State.” Proposition 17 Arguments and Rebuttals | Official Voter Information Guide | California Secretary of State, voterguide.sos.ca.gov/propositions/17/arguments-rebuttals.htm. 

“Racism & Felony Disenfranchisement: An Intertwined History.” Brennan Center for Justice, www.brennancenter.org/our-work/research-reports/racism-felony-disenfranchisement-intertwined-history.