In California, parolees can vote, but people currently serving a state or federal prison sentence for a felony cannot. That is the whole rule. Whether prisoners and parolees can vote in California comes down to one line: are you right now serving a prison term for a felony? If yes, you are ineligible until that term ends. If no, including if you are on parole, on probation, in county jail, or awaiting trial, you can register and vote.
Who Is Actually Barred From Voting
The California Constitution disqualifies one group: people “serving a state or federal prison term for the conviction of a felony.”1California Legislative Information. California Constitution Article II The Elections Code uses the same standard and defines “imprisoned” as currently serving a state or federal prison term.2California Legislative Information. California Elections Code 2101 – Registration Requirements
Two situations sit inside that definition even though the person is not physically in a state prison. If you are in a county jail under a contract with the California Department of Corrections and Rehabilitation to serve out a state prison sentence, you are still serving a prison term. Same if you are in county jail waiting to be transferred to a state or federal prison after a felony conviction. In both cases, you cannot vote until the prison term ends.
Parolees Can Now Vote
People on state parole in California can register and vote. So can people on federal supervised release, mandatory supervision, post-release community supervision, or felony probation. The moment your prison sentence ends, supervision status does not matter for voting.1California Legislative Information. California Constitution Article II
This changed in November 2020. Before then, parolees could not vote until parole ended. Proposition 17 amended the state Constitution to remove parole as a disqualification. It passed with about 59 percent of the vote.3Legislative Analyst’s Office. Proposition 17 – Restores Right to Vote After Completion of Prison Term The prison-term disqualification stayed. Everything after prison opened up.
County Jail Does Not Take Away Your Vote
Most people in county jail in California are eligible to vote. The reason is that county jail is not prison under the Elections Code definition, and California’s criminal justice realignment sends many felony sentences to county jail rather than state prison. You remain eligible if you are:
- Awaiting trial and not yet convicted of anything.
- Serving a misdemeanor sentence. Misdemeanor convictions never affect voting rights in California.
- Serving felony jail time under realignment rather than a state prison sentence.
- Serving jail time as a condition of probation, whether the underlying conviction is a misdemeanor or a felony.
Eligible voters in custody can request a registration form from jail staff, register using the jail as a mailing address, and receive a ballot at the facility. County elections offices are required to make registration and voting materials accessible to eligible people in jail. The exact process varies by county.2California Legislative Information. California Elections Code 2101 – Registration Requirements
One boundary worth noting: juvenile adjudications do not count as felony convictions for voting purposes. A juvenile proceeding, as opposed to an adult conviction, does not disqualify you.2California Legislative Information. California Elections Code 2101 – Registration Requirements
How to Register After Prison
Your voting rights come back the day your prison term ends, but you will not appear on the voter rolls automatically. You have to register. If you were registered before prison, that registration was cancelled when you entered custody, so this is a fresh registration.4California Secretary of State. Voting Rights Restored
You can register online at RegisterToVote.ca.gov using a California driver’s license or state ID number, the last four digits of your Social Security number, and your date of birth. If you have neither a California ID nor a Social Security number, you can still register and will be assigned a unique identifier.5California Secretary of State. Online Voter Registration6California Secretary of State. California Voter ID and Registration Requirements Paper registration forms are available at county elections offices, DMV offices, libraries, and post offices. Many reentry programs and parole offices keep forms on hand and can help you fill them out.
Registration is free. You do not have to disclose your conviction on the form. No background check is run.
Deadlines and Same-Day Registration
The regular deadline to register is 15 days before Election Day. Mailed forms must be postmarked by that date; online registrations must be submitted by that date.7California Legislative Information. California Elections Code 2101-2119 – Eligibility to Register and Vote
Miss it and you still have a path. Conditional Voter Registration, also called same-day registration, lets you register and vote during the 14 days before an election and on Election Day. You do it in person at a county elections office, a vote center, or any polling place. Your ballot is held as a conditional ballot until the county confirms your registration, then counted.8California Secretary of State. Same Day Voter Registration For someone recently released, this matters.
Situations That Trip People Up
A few scenarios come up often:
- Federal felony convictions work the same way. While serving a federal prison sentence, you cannot vote. Once released, even on federal supervised release, you can register in California.
- Out-of-state convictions do not disqualify you in California unless you are currently serving a prison term. If you were convicted elsewhere but now live in California and are not incarcerated, you can register here.
- An arrest or a pending charge does not affect voting rights. Only a felony conviction followed by an active prison sentence disqualifies you, and only for the length of that sentence.
- Split custody arrangements depend on the current legal basis for your custody. Where you started the sentence does not decide the question; whether you are right now serving a prison term does.
To check your own status, look up your registration through the Secretary of State’s site or contact your county elections office. If your registration goes through, you are eligible to vote.