Press Release: 6/9/2026
Court-Ordered Report Reveals Low Voting Rates in Jails; Highlights Need for More Voter Engagement
DATE
JUNE 8, 2026
CASE
BOSTON — Compelled by a court-ordered settlement, Secretary of the Commonwealth William Galvin has released a long-overdue report on jail-based voting in Massachusetts, fulfilling an obligation mandated by the commonwealth’s VOTES Act. The report marks a significant victory for transparency, accountability and the public’s right to know how the commonwealth is implementing voting rights protections for incarcerated individuals.
The report was secured after voting rights and prisoners’ advocates filed suit in the Massachusetts Supreme Judicial Court (SJC) to compel the secretary’s compliance with the VOTES Act, a 2022 law that, among other provisions, mandates public reporting on statewide jail voting data. The Act also requires the secretary to provide voter education and election information to facilities, and those facilities to assist eligible incarcerated voters with registering and applying for ballots.
In Massachusetts, individuals who are convicted of misdemeanors or detained pre-trial retain the right to vote. But many face significant hurdles to exercising that right due to their incarceration.
The report exposes an extreme gap between the number of eligible incarcerated voters and those who successfully cast ballots, highlighting the need for increased voter engagement and support:
- For the September 3, 2024, state primary, there were 5,590 eligible incarcerated voters. Just 159 (2.8%) applied for a ballot, and only 58 (1%) of those ballots were returned and counted.
- For the November 5, 2024, state election, there were 4,647 eligible incarcerated voters. Just 422 (9%) applied for a ballot, and only 230 (5%) of those ballots were returned and counted.
“We sued to get this report—and now that we have it, the work is only just beginning,” said Brooke Simone, Staff Attorney at Lawyers for Civil Rights. “The numbers are abysmal: fewer than 5% of eligible incarcerated voters cast a ballot in the 2024 state general election. This report gives our clients the data they need to understand why the system failed so many eligible voters—and to demand the reforms necessary to ensure that jail-based voting rights are meaningful, accessible, and real.”
“Securing the right to vote for incarcerated individuals is a fundamental test of our commitment to a true democracy, and voting helps incarcerated individuals to civically connect with and care for the communities they will one day rejoin,” said Justin “Rico” Rodriguez, one of the petitioners in the case who was released from incarceration at MCI-Norfolk earlier this year. “Taking legal action to force the production of these reports and reaching a settlement with the state wasn’t just a bureaucratic dispute—it was an essential breakthrough needed to ensure the state complies with the law and actively ensures incarcerated individuals the democratic access they are legally and constitutionally entitled to.”
“This report is part of a much larger story about the incredible and highly successful organizing in Massachusetts,” added Kate Uyeda, legal counsel for Campaign Legal Center. “Jail voting data is notoriously difficult to get, and this report will help advocates build a path forward to ensure eligible voters in jail can have a voice in their democracy."
The report is a critical resource for Empowering Descendant Communities to Unlock Democracy, a coalition working in two Boston jails to help eligible incarcerated individuals register to vote, apply for absentee ballots, and advocate for jail voting statewide. The coalition, whose leadership includes petitioners in the lawsuit that resulted in the release of the data, will use the data to identify gaps and direct their jail voter registration and outreach efforts ahead of the 2026 midterm elections, helping eligible incarcerated voters cast a meaningful ballot.
The court-ordered settlement also requires the secretary’s office to submit progress reports through March 1, 2027, ensuring the delay in reporting is not repeated. Those reports will detail efforts to improve data collection and analysis processes ahead of the September 2026 statewide election, as well as progress toward generating complete and timely reports for the next two statewide elections.
The complaint that resulted in the favorable settlement was filed by Lawyers for Civil Rights and Campaign Legal Center in the state’s highest court, with pro bono support from Anderson & Kreiger and the Law Office of John Reinstein. The case is Hobbs et al. v. Galvin, No. SJ-2026-0053.
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The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.
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