San Diego Criminal Lawyers Blog
2024 is a big election year, so it is surprising to some that there are still so many questions about the voting laws here in the Golden State. The qualifications to vote are clearly outlined by the ACLU:
- You must be a citizen of the United States.
- You have to be at least 18 to vote, although you can pre-register to vote at age 16 or 17.
- You cannot be currently deemed mentally incompetent by a court.
- You cannot currently be in either a federal or state prison on a felony conviction.
Students and Those Living Abroad
Students or any Californians living away from their traditional homes can register to vote either at their usual home address in California or at the address considered to be their current primary residence.
When in Jail
If you are incarcerated in a California jail on a misdemeanor or are in jail unable to make bail, you are allowed to vote. Make sure you are registered and request an absentee ballot from the county elections office near you.
Convicted Felons
Once you are out of prison, you are automatically entitled to vote, with no action required to regain your voting rights. This is true even for individuals who are serving post-release supervision or probation.
What About Unsheltered Individuals?
For those experiencing homelessness, registration may occur using the location where the person usually resides. It could be a park, street corner, or shelter. The address of a shelter or outreach center is a good one to use because such locations will generally be able to accept election materials on behalf of the unhoused.
Can I Vote by Mail?
Yes, and you can send it through the normal mail service or put it in an election drop box. Someone else is allowed to drop off your ballot on your behalf as long as they are not being paid for the service. Just make sure you fill out the section on your ballot envelope authorizing someone else to drop it off.
Early Ballots
If you are registered, you can vote by mail or vote in person at an early voting location in some counties.
Voting on Election Day
Election day is the second Tuesday in November, and polls are open for 13 hours, from 7:00 in the morning until 8:00 in the evening. If you are in line by 7:00, you will be allowed to vote, even if you do not get to the ballot box until after 8:00. You must go to the voting location to which you are assigned, which your county elections office can help you determine.
What if My English is Limited?
Some counties provide facsimile or translated ballots in other languages on request. Contact the county clerk in your area prior to election day to see what’s available. You are also allowed to bring an interpreter with you unless the person is your employer or their agent or an agent or officer from your labor union.
It is the Law
Voting is a right that the majority of citizens aged 18+ have in this country. Attempting to cast multiple votes is illegal. If you’ve been charged with crimes associated with voting, contact the experienced criminal defense attorneys at Boertje & Associates in San Diego today.