Policy Text
Copyright Lexipol, LLC 2026/01/2 2, All Rights Reserved.
Published with permission by Santa Clara County Office of the
Sheriff Incarcerated Person Voting - 1 Santa Clara County Office of the Sheriff
Custody Policy Manual
Incarcerated Person Voting
610.1 PURPOSE AND SCOPE
This policy establishes requirements to ensure eligible incarcerated persons have the opportunity
to vote in elections, pursuant to election codes (15 CCR 1071).
610.2 POLICY
It is the policy of the Santa Clara County Office of the Sheriff to ensure incarcerated persons who
are legally eligible are provided an opportunity to vote in local, state, and federal elections in
accordance with applicable laws. The Facility Captain or the authorized designee shall develop
written procedures, in coordination with the County of Santa Clara Registrar of Voters, to facilitate
voting by eligible incarcerated persons.
610.3 GENERAL QUALIFICATIONS TO REGISTER TO VOTE
Incarcerated persons retain the right to register to vote while incarcerated if they are:
(a) A United States citizen and resident of California
(b) At least 18 years of age on or before Election Day
(c) Not currently serving a state or federal prison term for the conviction of a felony
(d) Not currently found mentally incompetent to vote by a court
610.4 VOTING ELIGIBILITY
Incarcerated persons are eligible to vote if they are detained in county jail and are:
(a) Serving a misdemeanor sentence
(b) Serving a felony jail sentence
(c) Serving time as a condition of probation for a misdemeanor or felony conviction
(d) Awaiting trial
Individuals convicted of a felony are ineligible to vote only while serving their state or federal
sentence in a prison, jail, or other correctional facility. Their right to register and vote is
automatically restored upon completion of their sentence.
610.5 VOTER REGISTRATION AND BALLOT REQUESTS
At least sixty (60) days prior to each election, the Facility Captain shall designate a staff member to
be a liaison between the Sheriff's Office Custody Bureau and the County of Santa Clara Registrar
of Voters. The liaison shall be responsible for collaborating with the Registrar of Voters, informing
incarcerated persons of their voting rights, and assisting eligible incarcerated persons who request
to vote. The liaison shall also be responsible for familiarizing themselves with all applicable
deadlines and ensuring incarcerated persons are informed of deadlines for voter registration and
vote- by-mail ballot requests. Policy
610
Docusign Envelope ID: E1CFD6AE-F0D6-4D6C-BE7A-7F07F4CE6D24
Santa Clara County Office of the Sheriff
Custody Policy Manual
Incarcerated Person Voting
Copyright Lexipol, LLC 2026/01/2 2, All Rights Reserved.
Published with permission by Santa Clara County Office of the
Sheriff Incarcerated Person Voting - 2
610.6 REGISTRATION PROCESS
An incarcerated person who is eligible to vote and requests to register should complete a Voter
Registration Application. The completed application should be submitted to the designated liaison,
who will forward the application to the Registrar of Voters. All completed Voter Registration Applications must be mailed to the Registrar of Voters for processing.
An incarcerated person must be registered to vote at least fifteen (15) days prior to the election. However, an eligible person who is not yet registered may still vote on Election Day by submitting
a Conditional Voter Registration.
Incarcerated persons who are scheduled to be released with sufficient time to vote may contact the Registrar of Voters by phone or in writing to request voter information.
610.7 REQUESTING A VOTE -BY-MAIL BALLOT
An incarcerated person who will be in custody during an election, meets voting eligibility
requirements, and wishes to receive a vote -by-mail ballot or change their mailing address for
purposes of receiving a vote- by-mail ballot should complete a Vote-By-Mail Ballot Application
or Emergency Ballot Delivery Application. All completed applications should be submitted to the
designated liaison, who will forward the applications to the Registrar of Voters. The Registrar of
Voters will send the vote- by-mail ballot to the incarcerated person via U.S. Mail. The incarcerated
person is responsible for completing the ballot and returning it by mail within the prescribed time limits indicated on the ballot.
If an incarcerated person is registered to vote in a county other than Santa Clara County, they should mail the completed application directly to the appropriate county elections official to receive
a vote -by-mail ballot.
610.8 SUBMITTING VOTE -BY-MAIL BALLOTS
All ballots received shall be delivered to incarcerated persons in a timely manner to ensure
compliance with the incarcerated person's right to vote. Once the ballot has been delivered to the
incarcerated person, it shall be the responsibility of the incarcerated person to mail their ballot in
accordance with the state's voting requirements.
610.9 POLICY REVIEW
This policy shall be reviewed at least once every two years.
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Santa Clara County Office of the Sheriff
Custody Policy Manual
Incarcerated Person