In Pennsylvania, the right to vote is a cornerstone of democracy. Yet, for many incarcerated individuals, barriers like misinformation and lack of access to voting materials prevent them from fully taking part in elections. Allowing incarcerated individuals to express themselves through their votes is particularly important, and their voices should be heard. With Pennsylvania often playing a decisive role in national outcomes, the inclusion of every eligible voter—including those behind bars—is critical for a truly representative democracy.
Pennsylvania law allows individuals incarcerated for misdemeanors or those awaiting trial to vote. Additionally, individuals regain their voting rights automatically upon release, even if previously convicted of a felony. However, systemic obstacles within correctional facilities often undermine these rights.
The Montgomery County Correctional Facility (MCCF) claims to have set an example of what is possible. This year, MCCF partnered with Montgomery County Voter Services to educate incarcerated individuals about their voting eligibility and help them register or apply for mail-in ballots. While they claim that over 100 eligible inmates submitted mail-in ballot applications, demonstrating a strong desire to engage in the electoral process, some of my clients there have informed me that they were denied the right to vote due to the apparent neglect of prison officials to escort them out of their blocks so that they could fill out their ballots. While MCCF’s efforts highlight that, when provided with resources and support, incarcerated individuals are eager to make their voices heard, it is unfortunate that the prison officials there failed to allow some eligible individuals there to exercise their constitutional right to vote. Their votes are especially important, as many of these individuals are serving short sentences and are voting for the community they will soon be released to.
Unfortunately, such voter programs in our prisons are the exception rather than the rule. Many incarcerated individuals face significant challenges in accessing voter registration forms and ballots. Mail systems in correctional facilities are often unreliable, with delays or mishandling of materials. In some cases, security policies result in inmates receiving photocopies of mail, which cannot be used for official election ballots.
Misinformation is another major hurdle. Many incarcerated individuals are unsure of their voting eligibility, especially in light of the complex and varying laws across states. Pennsylvania, for example, is one of 23 states that automatically restores voting rights to individuals after their release, but ten states continue to restrict voting even post-incarceration. The patchwork nature of these laws creates confusion that often leaves eligible voters disenfranchised.
These challenges are particularly acute for low-income individuals and people of color, who are disproportionately impacted by incarceration. Advocacy efforts must focus on ensuring that incarcerated individuals understand their rights, have the necessary tools to cast their votes, and are not silenced by structural inequities. Empowering these voters strengthens democracy by giving a voice to those who are too often excluded from shaping the laws and policies that affect their lives.
The solution lies in expanding access to voting materials and ensuring incarcerated individuals understand their rights. Correctional facilities should work closely with election officials to distribute registration forms and mail-in ballot applications. Secure ballot drop boxes or designated administrative mailing addresses could help ensure that ballots are processed securely and on time. Additionally, hosting informational sessions within correctional facilities could dispel misinformation and empower eligible voters to participate.
The stakes are particularly high in Pennsylvania, where elections are often decided by razor-thin margins. Thousands of eligible incarcerated voters could play a pivotal role in shaping the outcomes of elections. Election candidates could significantly benefit from bringing their campaigns inside prison walls, getting to know those who are incarcerated and learning how to best advocate for them. Giving eligible inmates clear information on their rights and providing them with the resources to exercise them while sharing their own campaign values and plans of advocacy would give candidates access to thousands of potentially untapped eligible votes. Programs like the one at MCCF demonstrate the potential impact of outreach and education when properly implemented.
It’s time for Pennsylvania to expand these efforts statewide. Democracy thrives on inclusion, and the voices of incarcerated individuals—many of whom will return to their communities—must be part of the conversation. We are cheating democracy by silencing the voices of incarcerated voters and allowing states to uphold double standards in who can and cannot exercise their right. Ensuring access to voting for all eligible individuals is not just about fairness; it is about strengthening our democracy for everyone.
—Rebecca Langman, project manager for the firm, contributed to the preparation of this article.
Laurie Jubelirer is the owner of Jubelirer Law, and her law practice in Montgomery County is devoted to helping individuals facing criminal charges and violations of their civil rights. She is active in promoting criminal justice reform via writing and speaking, including appearances on podcasts and through her own podcast, “Voices of the System,” which recently launched in January 2026. She opened her law practice 13 years ago in 2013. Prior to opening the firm, she worked as a prosecutor in the Philadelphia District Attorney’s Office and as a Deputy Attorney General in the Pennsylvania Office of Attorney General. She is a staunch advocate for numerous incarcerated clients and an active member of Women Owned Law; the Pennsylvania, Philadelphia and Montgomery Bar Associations; and the Louis D. Brandeis Law Society.
