Texas Election Law Grants Voting Rights To Inmates On Appeal, Yet Few Aware Of The Provision

According to a lesser-known aspect of Texas election law, state prisoners, who are appealing their convictions, can legally vote, even if they are on death row. However, not many may know about it.

Texas state prisons currently comprise 134,000 inmates, including 175 on death row. But, no one knows how many of them are eligible to vote, as the state doesn't keep track of this information.

When asked about these voting rights, several defense lawyers, criminal law experts, voting rights advocates and previously incarcerated people did not know about the provisions, and none had even heard of anyone doing so, the Texas Tribune reported.

A project director at Lioness Justice Impacted Women's Alliance, Jennifer Toon, said that if voting were easier for state prisoners, many would use their right to vote, revealing that "nobody's asking to do this because they have no idea that they can."

Lioness Justice Impacted Women's Alliance is a nonprofit that helps women currently or formerly imprisoned.

A spokesperson from the Texas Secretary of State's office, which helped run elections, said every case was different. They advised that inmates should talk to a lawyer before trying to vote.

The Department of Criminal Justice's handbook mentioned that to register to vote from prison, an inmate must be a U.S. citizen, a Texas resident, at least 18 years old and not declared "mentally incompetent" by a judge.

Amanda Hernandez, a prison department spokesperson, explained that if a conviction was still being appealed, it was not considered a final felony sentence. However, the spokesperson from the Secretary of State's office, Alicia Phillips Pierce, said the situation might be a little more complicated.

"While a felony conviction on appeal may not be considered a final conviction, the terms could differ from case to case and an individual with questions should consult their lawyer about their particular case," Pierce said, Texas Tribune reported.

The upcoming elections registration deadline was Oct. 7 and the last day to request a mail-in ballot was Oct. 25. The election will be held on Nov. 5.