Four Reasons Why the Illinois Constitution Allows Voting in Prison
Update: The Voting in Prison bill, SB 828, was called on the House floor on October 28 and received 57 votes, just three short of the 60 votes needed to pass. Rep. Ford used a parliamentary maneuver to “postpone” the vote, and advocates plan to push for this bill’s passage in January or February of next year.
Chicago Lawyers’ Committee is proud to support Senate Bill 828, a law restoring the right to vote to people in Illinois prisons. The bill is sponsored by Representative La Shawn Ford and Senator Mike Simmons, and endorsed by Chicago Votes and over 60 community organizations who form the Unlock Civics coalition.
Some lawmakers and election officials have mistakenly argued that the Illinois constitution does not allow for voting in prison. To assess the constitutionality of Senate Bill 828, we worked with the law firm of Dechert LLP to produce a memo laying out our legal findings. You can read our memo below.
On Tuesday, our advocates traveled to Springfield for a press conference and lobby day organized by Chicago Votes and the Unlock Civics coalition, where Senior Counsel Ami Gandhi explained why SB 828 clearly complies with the state constitution. Watch the press conference here.
Addressing the Illinois State Board of Elections that same day, our Program Counsel Cliff Helm spoke alongside Julia Markham-Cameron of Dechert LLP to explain the constitutionality of SB 828.
“This bill is both about democratic representation for the people and communities most impacted by the criminal legal system – and it’s also about ensuring that people who are incarcerated can continue to engage in society in one of the most meaningful ways we as a society have,” said Cliff.
We followed up with a letter that further strengthens the legal case for the bill’s constitutionality.
Throughout most of the United States, including here in Illinois, many take it as a given that citizens who are convicted of a crime and incarcerated in prison also lose their right to vote. But these laws, which are rooted in medieval practice and were underscored during the Jim Crow period, make little sense today.
Felony disenfranchisement laws have been utterly ineffective in deterring crime or promoting public safety. In fact, in a state where Black individuals make up 14% of the population but comprise 54% of those disenfranchised in prisons, the primary effect of these laws is the undeniable suppression of Black voters.