Across the United States, it’s an unfortunate fact that the legal right to vote does not always equal the ability to cast a ballot. This is especially true for incarcerated voters. Even for U.S. citizens over 18, eligibility to vote while in prison can vary not only by state, but by whether their access to voting is considered during election planning. 

Jefferson County faced this problem firsthand when they reviewed voting statistics from the 2022 general election: Coloradans who are U.S. citizens and over 18 are eligible to vote if they have lived in the state for at least 22 days and are not currently confined for a felony conviction. By these criteria, on any given day at least 850 of the individuals in the Jefferson County Jail were qualified to cast a ballot. But due to a lack of in-person voting inside the facility, only three actually did — their sealed mail ballots were conveyed directly to the election office by deputies.

Legislative Steps

Jefferson County election officials began by engaging jail leadership to get buy-in for in-person voting in jail — a service already provided in neighboring Denver and Arapahoe Counties. The process took time — and meanwhile, a grand total of only six Jefferson County inmates participated in the 2023 election. Since it’s well documented that providing voting inside jails does not increase costs or endanger  poll workers, the office also began to think about legislative paths forward to ensure these eligible voters were able to access their legal right to vote. 

Clerk Amanda Gonzalez approached the Colorado Criminal Justice Reform Coalition (CCJRC) about collaborating on their bill (SB24-072, Voting for Confined Eligible Electors) that would mandate at least one day of in-person voting for every eligible voter in Colorado, regardless of incarceration status. Once the bill was written and submitted, Gonzalez made multiple trips to testify before the Colorado legislature. 

Ultimately, the bill passed with bipartisan support in 2024, making Colorado the first state in the nation with its own law ensuring in-person voting for eligible incarcerated voters. 

Among other requirements, SB24-072 mandates one day of in-person voting for eligible voters at all 61 jails/detention centers in Colorado during all elections, and requires facilities to allow major party candidate information and nonpartisan 501(c)(3) ballot issue and candidate information into facilities, as incarcerated voters lack internet access and do not receive political mail.

Preparation for In-Person Voting

“Despite all that was said by the people opposed to this bill about how expensive and dangerous it would be, it was incredibly cheap,” said Chief Communications and Engagement Officer Sarah McAfee. “The only additional outlay was for some alternate materials — the jail required rubber pens instead of standard ones — and one extra day for election judges to be present at the facility.” Eligible incarcerated voters also received the universal Colorado Blue book with candidate and ballot information.

County officials also needed to plan for extra legal review, as each individual incarcerated voter needs their eligibility checked by hand. “It can vary if one has been convicted of a felony, but not sentenced yet,” said Sarah, “or if you have three misdemeanors and a felony, and you have completed some but not all of those sentences. There are a lot of questions like that, and you need to make sure you have access to records in real time.” Every case is unique; Jefferson County brought in CCJRC staff to assist with the eligibility checks and train election judges on the intricacies of the law to make sure every voter was classified correctly, and if eligible, could be registered on-site with Colorado’s same-day registration rule. 

Impact on Incarcerated Voters

On the first day of in-person voting at the county jail, Jefferson County officials invited in media crews to amplify voters’ stories. “It was so powerful seeing folks get to participate in society when they’ve been locked out of it, even though they’re eligible to be heard,” said Sarah. “One young man said, ‘People on the outside think we’re not paying attention, but we are.’ He told us he read the Blue Book front to back and then read it to his pod mate who can’t read or write. We had a number of ballot initiatives that year that had to do with sentencing and criminal justice and he was excited to vote on things that directly impacted him. He was 29 years old and had never voted before. He said it was one of the top five experiences of his life and it made him feel connected to his community.”

“We had zero safety incidents,” Sarah added, “and it was such a powerful experience for all of the folks that participated from the election side that now it’s the job that all of the election judges want. Voters in the jail are so engaged, interested, and appreciative of the opportunity to vote. Many said it transformed their view of who incarcerated voters are. Even the deputies said it gave them ‘a new, different, and fresh perspective,’ and one they really needed.”  

The long-term payoff? The facility’s voting numbers rose to 350 in 2024, and Jefferson County expects participation to continue growing in the 2026 midterms — proving that when eligible voters receive the access they need, they show up to exercise their rights.

Next Steps

Want to ensure that every eligible incarcerated voter is served in your jurisdiction? The first step is learning what your state’s rules are about voter eligibility. If your state has enfranchised voters with convictions, then you’ll want to have a dedicated conversation with law enforcement partners (always a good relationship to be building for the purposes of emergency management, Election Day administration, and more). Election departments can also find a state or local organization to partner with to get started.  

Learn more about growing and fostering community relationships in the Standards for Election Excellence.