{"id":10229,"date":"2016-11-04T22:37:32","date_gmt":"2016-11-05T02:37:32","guid":{"rendered":"http:\/\/journals.law.harvard.edu\/crcl\/?p=10229"},"modified":"2016-11-18T22:20:48","modified_gmt":"2016-11-19T03:20:48","slug":"sidestepping-civil-death-why-i-chose-to-share-my-vote-this-november","status":"publish","type":"post","link":"https:\/\/journals.law.harvard.edu\/crcl\/sidestepping-civil-death-why-i-chose-to-share-my-vote-this-november\/","title":{"rendered":"Sidestepping Civil Death: Why I Chose to Share My Vote This November"},"content":{"rendered":"

Earlier this year the Criminal Justice Policy Coalition<\/a> (CJPC) launched Disillusioned for Disenfranchised<\/em>, an initiative that paired incarcerated Massachusetts residents with volunteers from their home county to vote jointly in this year\u2019s general election. The details were open-ended, but CJPC recommended partners start with a letter exchange and go from there.<\/p>\n

I eagerly signed up. I grew up here in Massachusetts, and I was in sixth grade when a referendum question sought to take the vote away from anyone serving time for a felony. I remember my Social Studies teacher explaining that year\u2019s referendum questions some time in late October. Another referendum question on the November ballot that year asked whether or not to prohibit dog races where betting occurs. I told my classmates: these questions are easy! Be nice to dogs, and let everyone vote. Massachusetts voters let me down on both counts. I remember feeling confused about why we would ever want to discourage someone from trying to participate in our shared political system. And that was when I still thought only bad guys went to jail.<\/p>\n

I also liked the performative aspect of Disillusioned for Disenfranchised<\/em>: I would cast a vote on behalf of two people\u2014a symbolic shortcut around a problematic constitutional amendment. Sure, it would still only be one vote, instead of two, but it would mean that someone who would otherwise have no way to engage politically could talk through their opinions, gather more information, yield on some issues, win on others, and think about the outcome\u2019s impact on the community. It would allow disenfranchised voters to be heard. The right to cast your own vote is more than that, but not that much more.<\/p>\n

Finally, I liked the practical reality of the project. By making myself accountable to someone else, not only would I feel an added pressure to get to the polls on November 8, I would also be sure to show up fully informed about every ballot measure. Since I had to make sure my partner and I agreed on all my votes before they were cast, I had to know everything that was on the ballot.<\/p>\n

CJPC put me in touch with my partner Xavier[1]<\/a> in August. Xavier and I swapped our first letters soon after. He introduced himself[2]<\/a>: [pullquote]\u201cI was asked by the Criminal Justice Policy Coalition<\/em> to see if I was interested in \u2018voting.\u2019 I wrote back and said yes<\/u>, even though I have never voted in my life, since I have been in prison since I was 16 years of age.\u201d[\/pullquote]<\/p>\n

\u201cI was asked by the Criminal Justice Policy Coalition<\/em> to see if I was interested in \u2018voting.\u2019 I wrote back and said yes<\/u>, even though I have never voted in my life, since I have been in prison since I was 16 years of age.\u201d<\/p>\n

He continued: \u201cNow 33 years old, I have realized that instead of me complaining of our elected leaders, with my vision and my vote I can help bring change. By being a part of the solution, not adding to the problem.\u201d<\/p>\n

Readers, could you please take a moment to think about how many seconds have passed since you were sixteen. If you had passed every one of those seconds in prison, would you still care about this year\u2019s election? Xavier does. Throughout his letters are clear declarations of how determined he is to get it right: \u201cSince this is my first time at voting, I would like to ask for your advice. Any and all advice will be greatly appreciated as we will be working together.\u201d \u201cI would like to be as informed as I can be because I want to help make a difference. So we can take this time to get informed as fully and extensively as possible.\u201d \u201cThis election can assist the highest court in the land by electing another Judge for the replacement of Justice Scalia. I am here to discuss in full so we both can determine what\u2019s our best choice.\u201d<\/p>\n

I started to look forward to coming home to find a handwritten letter in my mailbox, sandwiched between political ads and stamped with the tell-tale blue stamp \u201cTHIS CORRESPONDENCE IS FORWARDED FROM A MASSACHUSETTS CORRECTIONAL INSTITUTION. THE CONTENTS MAY NOT HAVE BEEN EVALUATED AND THE DEPARTMENT OF CORRECTIONS IS NOT RESPONSIBLE FOR THE SUBSTANCE OR CONTENT OF THE ENCLOSED MATERIAL.\u201d The stamp was a heavy-handed reminder of all the rules and limitations that governed the place it had come from, but the slanted cursive inside was always free flowing and exuberant: \u201cI love politics, I watch the 6:30pm news everyday to be as informed as possible.\u201d When he found out I was a French citizen he asked if I could write to him about French politics, explaining, \u201cI love to learn so I am willing to listen so I can be taught.\u201d<\/p>\n

Xavier is also passionate about teaching: \u201cI am currently in a program where troubled teens come to the Institution to be spoken to about life\u2019s patterns of living and the wild, fast, impulsive way of doing things. It\u2019s a great program. I\u2019ve been dying to do the program for approximately 12 years. Now I got the chance I am so dedicated in making a change where it\u2019s needed. If I can help one kid that is one kid less that we have to worry about! That is one of the things I want to do when I get home: help troubled teens<\/u>!\u201d<\/p>\n

With introductions out of the way, we turned to the ballot.[3]<\/a> We focused mostly on the referendum questions, since most of the ballot was unopposed Democrats and we were both in agreement that (spoiler) #wearewithher.<\/p>\n

I sent him articles about the referendum questions and tried my best to fairly spell out the pros and cons of each without showing my cards. I wanted his opinion to truly be informed and his own, and my unlimited access to the Internet felt as though it could easily lead to an abuse of power.<\/p>\n

While we both quickly agreed to vote No on Question 1\u2014the expansion of slot machines at Suffolk Downs\u2014we wavered on Question 2. Question 2 would authorize the expansion of charter schools in Massachusetts. Xavier summed up our concerns nicely: \u201cI believe it will take from public schools. It does have its pros and cons! I get to see only what is placed in T.V. ads, you\u2019re out there with the Internet and all access. What have you read about the charter schools? Who will benefit from these schools, all<\/u> kids or just a small population of kids? If you can send a little more clarification on Question 2, thank you. If you can not we have to decide what is best for all kids<\/u>.\u201d Ultimately, his concerns swayed me and we will be voting No on Question 2.<\/p>\n

Question 3 proposes prohibiting the sale of eggs, veal, or pork from\u00a0a farm animal that was confined in spaces that prevented the animal from lying down, standing up, extending its limbs, or turning around. Xavier was matter-of-fact: \u201cI would need more info as I don\u2019t know how big of cages they are in now. I say that because I myself have been incarcerated for 17 years and don\u2019t wish the small space even for animals.\u201d We will vote Yes to prohibit these methods of farm animal containment.<\/p>\n

Finally, on marijuana legalization (Question 4): \u201cYes, its about time they legalize it, it doesn\u2019t get people in trouble. Jail house population is too crowded. Tax paying people don\u2019t realize it costs $40,000+ just for one individual a year, not counting the security level, the age, medical background, etc. of the individual. It\u2019s so much money that is being asked for one year of incarceration \u2026 I don\u2019t know maybe I\u2019m getting ahead of myself but in the trade market it would be sold as medication, think about the amount of money it can bring and funds that can be distributed to broken neighborhoods instead of war.\u201d We will vote Yes on Question 4.<\/p>\n

I\u2019m sure there are some readers out there with differing political opinions rolling their eyes but regardless of the details of Xavier\u2019s opinions, here are some arguments I would like to make for why he should have the right to express them by casting his own vote:<\/p>\n