Brief Eligible Voters in Jails

In many states, individuals detained in jail may still have the right to vote. Laws regarding voting rights for incarcerated individuals differ from state to state. In a couple of states, individuals never lose their right to vote due to a criminal conviction, regardless of the nature of the offense. In the majority of states, voting rights are suspended only for felony convictions and those with misdemeanor offenses may still be eligible to vote. For information on voting rights for those who have been convicted of a felony, visit our Felon Voting Rights webpage.

A few states prohibit the right to vote for those with a misdemeanor conviction. In other states where individuals lose their voting rights during incarceration, as well as while on probation or parole, especially if they have violated election laws.

For those who are in jail or prison, but whose right to vote has not been curtailed, there are two major ways of voting: by an absentee/ mail ballot, or through in-person voting that is provided at the site of incarceration.

Absentee Voting

Voting by mail is the most popular voting method for incarcerated individuals. About a third of states require an excuse to vote absentee and of those, nine states explicitly list being incarcerated as a valid excuse.

Voting absentee may involve extra steps for eligible voters, including obtaining postage stamps to request and return both the absentee ballot application and the ballot. Some states and jurisdictions establish ways to assist eligible voters in jail to receive and return an absentee ballot. Harris County, Texas, Los Angeles County and Vermont, for example, have partnered with local organizations and community groups to register incarcerated voters and provide absentee request forms.

Maryland requires a secure, designated ballot drop box in Baltimore City centralized booking facility for eligible incarcerated voters to easily submit absentee ballot applications, absentee ballots and voter registration forms (MD S 525, 2021). Kentucky requires jail staff to ensure an incarcerated voter is allowed to use a telephone during normal business hours to receive assistance from the county clerk to request a mail-in absentee ballot (KY H 580, 2024). 

In-Person Voting at Jails

In some locations, eligible incarcerated voters can vote in-person. Colorado in 2024 enacted a first-in-nation bill that requires statewide jail systems to provide in-person voting. The county clerk and the sheriff's designee are required to provide one day of in-person voting at the county jail or detention center.

In 2019, Illinois expanded voter access and education efforts in jails across the state by allowing a county with a population of 3,000,000 or more to establish a temporary branch polling place, voting booths or screens to ensure the privacy of the voter in county jails (IL ST CH 10 § 5/19A-20). Cook County Jail in Chicago became the first jail in the country to become a polling place in 2020.

In Los Angeles, the Mobile Vote Center Program began in 2020 as the county implemented its new Voting Solutions for All People voting system. The Mobile Vote Center collaborates with partners throughout the county to bring voting to voters, including incarcerated voters.