Accessing the right to vote among system-impacted people

Abstract

Recent efforts to dismantle felon disenfranchisement regimes have the potential to substantially expand electoral eligibility among people with criminal records; however, even among those with criminal legal histories who are eligible to vote, voting rates are often extremely low. Analyzing interview, focus group, and text message conversations among a multi-state sample around the November 2022 election, we identify and describe how administrative barriers to voting—including a lack of understanding about the voting process, confusion about legal eligibility, and perceived risks of rearrest of voting while ineligible—pose an access to justice issue among system-impacted people. These barriers are amplified by government mistrust, specifically the perception that barriers are intentionally constructed to suppress voting, and they are potentially mitigated by outreach by community organizations that are viewed as credible. The findings emphasize that legislative reforms repealing disenfranchisement laws must be accompanied by on-the-ground efforts to address administrative burdens to broaden access to the franchise.