The voting rights of individuals impacted by the criminal legal system is a fast-moving and high-stakes area of law. Some states are re-enfranchising directly impacted people in large numbers, as with recent laws that automatically restore the voting rights of people on probation or parole. Other states are aggressively criminalizing voting for people with criminal records, placing individuals at risk of further prosecution or re-incarceration if they misunderstand their voting rights and vote in error.

Changes to state statutes that govern the voting rights of impacted people are routinely challenged in court. In recent elections, this has resulted in changes to impacted communities’ voting rights just days before voting deadlines and election periods.

These trends cause widespread confusion and fear among potential voters, and deter some eligible impacted voters from exercising their voting rights.

Other impacted voters are disenfranchised by lack of access to reliable voting information or timely access to voting forms.

Jail law libraries do not typically include voting law or other information for voters in their holdings. Without access to the Internet or direct dial telephone service, many eligible incarcerated voters lack means to timely assess their voting eligibility or obtain necessary voting forms.

Formerly incarcerated potential voters with access to the Internet often contend with conflicting online voting information, either because online content is not promptly updated or due to incomplete or inaccurate information.

Election officials and advocates often lack awareness of jail and probation policies, and jail administrators and probation officers frequently lack awareness of election law and procedures. As a result, presently and formerly incarcerated voters commonly encounter outdated or inaccurate voting information even from official sources.

The PLAN-LEAAD Foundation is a coalition of attorneys; paralegals and other legal workers; law students; and a national community of over 1,000 jailhouse lawyers and prison paralegals. The PLAN-LEAAD Foundation helps coordinate the Elections Protection Jail & Post-Release Voting Working Group in collaboration with national and state partners.

The Working Group’s Guides provide definitive legal and procedural voting information for individuals impacted by the criminal legal system.

Because these Guides function as live online documents that can be edited in real-time, as opposed to static PDFs that are quickly superseded by events, they can evolve responsively to meet ongoing legal changes. The PLAN-LEAAD Foundation’s national network of jailhouse lawyers and prison paralegals helps connect this content with voters inside.

In addition to providing vital voting information to directly impacted communities, PLAN-LEAAD Foundation legal teams also forge mentorship relationships for the next generation of public interest attorneys through the involvement of full-time law student interns. Guide teams afford jailhouse lawyers a professional community, while at the same time broadening legal practice in voting advocacy communities to include incarcerated advocates’ integrally important insights and expertise.

Volunteer lawyers on this project will review, revise, and update the Election Protection Jail & Post-Release Voting Working Group’s Guide for a designated state as a member of a well-supported legal team. These Guides serve as a definitive resource for potential voters who are impacted by the criminal legal system, and for the advocates who assist them. Each state Guide provides detailed information to help these potential voters assess their voting eligibility, restore their voting rights (if applicable), and exercise these rights (if any). The Guides also provide contact information to election offices and trusted local advocacy organizations that may be able to help directly impacted voters overcome any barriers they may encounter in the exercise of their voting rights.

These Guides are provided to eligible incarcerated voters – and the jailhouse lawyers and prison paralegals who are often incarcerated individuals’ only source of legal support (a protected advocacy role under Johnson v. Avery) – in hard copy. They are also available to hotline volunteers, voting advocates, and the general public through an online portal.

Project work will include legal research and writing; mentorship of a full-time law student intern; and collaboration with a participating jailhouse lawyer who will provide critical insights and subject matter expertise.

Full-time law student interns provide important project support, and volunteer attorneys are asked to collaborate with and informally mentor law student team members. However, a PLAN-LEAAD Foundation managing attorney serves as the formal supervisor for participating law students, and completes all necessary evaluations and other documentation associated with their roles. A legal assistant provides limited scope project support in the form of scheduling team meetings and managing other designated logistics.