After a parole board granted Richard Mireles his freedom earlier this year, he was shocked to learn that he still couldn't cast a vote in California, the state he had lived in since he was born. Just three months shy of his 21st birthday, a court gave Richard a life sentence on his first felony case. In the two decades of his incarceration, Richard worked hard to change his life. He got sober, worked to heal past traumas, earned his college degree and numerous commendations, and was even found suitable for release at his first parole hearing. It didn't seem right that California would continue punishing him after his release by denying him one his most fundamental rights of citizenship.

Like Richard, many people come home after finishing a prison term only to face a maze of obstacles as they work to reintegrate into the community. Among these obstacles are the alienation, confusion, and fear felony disenfranchisement laws cause. More than 4.5 million U.S. citizens are currently denied the right to vote because of a past conviction, and potentially millions more do not vote because they mistakenly believe that they cannot.

Here in California, legislators are currently considering a measure – Assembly Constitutional Amendment 6 (ACA 6) — that would give voters in 2020 the opportunity to restore voting rights to people on parole. Currently in California, otherwise-eligible adults can vote while they are on most forms of community supervision — including probation, county Post-Release Community Supervision, and federal supervised release — but cannot vote while they are on state parole. Californians also lose the right to vote while they are in state or federal prison.

That's why Richard and many thousands of people have been advocating for ACA 6's passage.

If the California Legislature passes and California voters approve it, ACA 6 would help restore voting rights for almost 50,000 Californians. Doing so would go a long way toward reversing policies that have disproportionately and purposefully excluded people of color from the electoral process. Three out of four Californians who would regain the right to vote if ACA 6 passes are non-white. On average, Black American adults are more than four times as likely to lose their voting rights than the rest of the adult population.

That's no accident. California suppresses Black and brown votes by design. After the Civil War, California refused to ratify the 15th Amendment, which prohibits voting restrictions based on race. Instead, California enshrined felony disenfranchisement into our state's constitution, relying on discriminatory policing and incarceration to lock people of color out of the ballot box.

Silencing the voices of people with convictions weakens the democratic system of government that belongs to all of us — regardless of our race or ethnicity. When formerly incarcerated people can't vote, all of us miss out on the perspectives and experiences they can offer our country's political conversation. After all, those closest to the problem are generally closest to the solution.

Several other states have already taken steps to end voter suppression laws and policies targeting returning citizens. In just the last year, New York, Florida, Louisiana, Nevada, and Colorado have all taken steps to re-enfranchise thousands of citizens with criminal convictions. Since 1997, at least 24 states have made similar progress. It's time California caught up.

Over the last 20 years, Richard has become what he describes as "a man built for others" — helping develop a drug and alcohol counseling program while still in prison, hosting a podcast to share the transformational stories of individuals impacted by incarceration, and advocating for more fair criminal justice policies. "I work hard, serve my community, pay taxes, give back, and I am still a citizen of this country," Richard said. "I believe that qualifies me to have the right to vote again."

Stand with Richard: ask you state lawmaker to vote YES on ACA 6.

ACLU is part of Free the Vote California, a coalition of organizations co-sponsoring ACA 6.

Date

Friday, August 16, 2019 - 7:30am

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Richard Mireles testifying in Sacramento. Richard is hoping ACA 6 will give him and other Californians on parole the right to vote.

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California families impacted by police violence, advocates, and allies just made history. Today, Governor Gavin Newsom signed AB 392, the California Act to Save Lives, a bill to address police shootings — one of the most pressing forms of police violence afflicting Black and brown communities in the state. With this new law, California will go from having one of the deadliest, most permissive use of force laws in the country to having one of the strongest laws in the country.

This is an extraordinary, precedent-setting victory that is long overdue.

Although our state is progressive in many ways, California police officers kill more people than officers in any other state. Like in other states, California police disproportionately kill Black and brown residents and people with disabilities.

In response to grieving families' calls for reforms, Assemblymember Shirley Weber introduced AB 392 in partnership with Assemblymember Kevin McCarty. They recognized what families have known for far too long: California law gives cover to police shootings that could have been avoided. That’s because, under existing law, police officers can use deadly force and kill someone even if they have other options so long as the use of force was "reasonable." As a result, police officers are rarely held accountable for bad shootings and little is done to prevent more shootings from happening.

AB 392 offers a logical solution by requiring that police officers avoid using deadly force unless it is necessary to defend themselves or others from immediate harm. This new threshold, also known as the "necessary" standard, is what most people probably assume is already the law.

Additionally, AB 392 will require that courts see police shootings in a new light: courts will have to consider officers’ actions leading up to a shooting to determine if the shooting was legal. California will be the only state in the country to combine the "necessary" standard with this new requirement.

That's huge. Time and again, we have seen cases all over the country in which officers escalate situations instead of diffusing or deescalating them and then claim that it was necessary to shoot someone. It won't be that easy anymore.

Thanks to the groundswell of support the Let Us Live Coalition amassed, we did what many thought impossible and passed AB 392. The coalition gathered over 200 letters of support from community organizations, labor unions, medical associations, universities, and national foundations. Local coalitions in Oakland, San Francisco, and San Diego pushed municipal governments to endorse AB 392. Dedicated ACLU volunteers collected hundreds of postcards to flood state legislators’ mailboxes, helped drive over 1,200 constituent calls to capitol offices, and held dozens of meetings with lawmakers’ staff to get votes in support for AB 392.

But that wasn't all. Families, advocates, and allies traveled to Sacramento — often via overnight charter trips, running on little sleep — from all over the state to make their voices heard at committee hearings, lobby days, and rallies. In April, over 300 impacted family members and other leaders packed the largest hearing room in the State Capitol building, to the point where it was standing room only. Family members gave gripping testimony in support of the bill and the Let Us Live Coalition united behind them to deliver hundreds of statements in support, displaying photos, and repeating the names of those killed by police. Mobilizations like this demonstrated the tremendous amount of people power behind AB 392 and made all the difference in getting the bill passed.

There are over 200 law enforcement agencies in California. Starting January 1, 2020, every one of them will have to comply with this new law and require that officers only use deadly force when necessary. That means departments will have to update their use of force policies to meet the higher "necessary" standard.

Today, we celebrate this incredible victory, while also recognizing that our work is not over. AB 392 is an important step forward, but we will continue to fight until everyone, no matter their race, is able to live with dignity and free from all forms of state violence.

 

The Let Us Live Coalition is made up of several local, statewide, and national organizations including AB 392's co-sponsors: The California  STOP Coalition and California Families United 4 Justice (two organizations lead by and comprised of nearly 100 families impacted by police violence), Alliance for Boys and Men of Color/PolicyLink, ACLU of California, Anti Police-Terror Project, Communities United for Restorative Youth Justice (CURYJ), PICO California, United Domestic Workers (UDW) – AFSCME Local 3930, and the Youth Justice Coalition.

Date

Monday, August 19, 2019 - 8:15am

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A group of young people wearing matching yellow shirts holding posters in favor of AB 392. They are marching to the California state Capitol.

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