EXPO CEO Jerome Dillard Looks at the Impact of Voting Bans: Voting Disenfranchisement

Jerome Dillard

Jerome Dillard, who was once a returning citizen, is trying to overturn the restriction that bans supervised individuals from voting, an inequality that negatively impacts their return.

by Jonathan Gramling

Since 2014, EXPO of Wisconsin has worked towards eliminating mass incarceration, eliminating the structural discrimination against returned citizens and restore returned citizens to full citizenship in the community.

According to Jerome Dillard, EXPO is committed to helping returned citizens while they are still incarcerated in the Wisconsin Correctional System to their reentry to assist the individual to make a successful transition into society. They do panels, restorative justice work within the prisons and work to create the environment outside of the penal system for returned citizens to be successful./

One of those measures is the creation of SAFE House.

“It’s for women returning from prison,” Dillard said. “Several of them who live in the house relocated to Dane County. They needed a fresh start. We thought we would give women an opportunity of having that fresh start working towards unification with their children and permanent housing. There’s a lot out here for men and barely anything for women. Often times, they get out and go back to the community from which they were incarcerated and connect with the same people, especially when you don’t have a halfway house or anything like that. You’re right back in the same community. It’s not long before you are doing some of the same old things that landed you in prison.”

The basic decision to start a new life begins with the individual and then EXPO helps them transition to the new life.

“I believe that we are valuable partners in this reentry process because of our lived experience,” Dillard said. “We’ve been there, done that. We speak the language, understand the situation, understand the mental health needs and the trauma that individuals have been through. It’s a common denominator amongst us who have come in contact with the criminal legal system and have served time. We prepare people for the outside world while they are still incarcerated. That’s a key missing component of the reentry process. I often say that the Department of Corrections, especially here in the state of Wisconsin, are leaving out valuable partners in finding a cure to reduce recidivism and reduce our prison population.”

Reentering civilian life is almost like a rocket ship taking off for the moon. At first, it appears the rocket goes nowhere as it seeks to escape gravity. Slowly, but surely, the rocket gains momentum and escapes the grip of gravity as it enters outer space.

“Based on our own experience, we know that the road to reentry is bumpy,” Dillard said. “And you can easily be detoured in a direction that will result in you being back in prison. We walk alongside them. We can’t do it for them. They create their own plans. We just help them achieve the goals that they set for themselves. And they hear about our experiences, what it took for us to get out and stay out.

It can be a long road. I think the first 30-90 days are crucial in the reentry process. If you have the right support, have accountability and you are connected to people who think different and are doing different, your chances of success increase. And the longer that you are out, the more organic the transition is from that life to a new life.”

It’s that environment outside of the correctional system, within the community, that has Dillard concerned. There are many “invisible” forces that stigmatize returned citizens and keep them from developing the self-concept they need to start a new life. Onew of these is language.

“When you hear terms like offender, inmate and convict, those terms further stigmatize you within your own self,” Dillard said. “I will never forget having the conversation with former DOC Secretary Kevin Carr about those terms. I kept hearing him saying, ‘these offenders, that offender, those offenders.’ I just brought it to his attention how derogatory using that term is. We hear it so much and it’s on our name badge and this is what everyone is calling us. We begin to buy into that thinking that ‘I’m nothing but an offender.’

What we need is more people-centered language. Even formerly-incarcerated is on the edge. Returning citizens is a term that many are using all over the country.”

There is also a reoccurring cycle within the community that serves to remind returned citizens that they are not fully participating citizens. And that is election season. While there is a lot of talk around the proverbial water cooler about candidates and parties, the media filled with stories about candidates on a daily basis and it makes a big splash when candidates come to town, it serves as a constant reminder to returned citizens that they continue to be “other.”

“To say we are returning citizens in the state of Wisconsin is not factual because you cannot cast a ballot,” Dillard said. “Once you come out of correctional facilities, the tough part about Wisconsin is the long terms of supervision. When we went into ‘Truth in Sentencing,’ it is a dual sentence. You are sentenced to your time in prison and then time in the community. These terms are really, really long terms in the community. You might get five in and 10 out.  Election time is a very depressing time for individuals who cannot cast a ballot for the simple fact that they are on supervision. They are paying taxes. They are being model citizens. But they can’t vote. That is oppressive. And it is depressing for individuals who are seeing what is going on within the politics of our state and our nation, but have no say.”

One of those individuals in Marianne who works in the EXPO office.

“A broker out of Florida — whom I didn’t know at the time — was running a scam,” Marianne said. “He had gone to school with my oldest daughter. And because of the familiar connection and straight-up greed — I thought I could set my family up for life — I followed his instructions from OM Global and created a joint venture group. My restitution at the time of my conviction was $42,000. The leader was convicted while I was in prison and his restitution was $9.3 million. He served 13 months in prison and 18 months on paper. He completed his sentence even before I was out of prison. I was also convicted for growing marijuana in my home. I was self-medicating. I accepted a plea on seven counts. And the sentence was one year incarceration followed by three years of extended supervision. The judge decided to give it to me consecutively.”

Marianne served seven years in prison and will be on supervision for 21 years plus five years of probation. Marianne will not be able to vote until 2042.

Individuals who are in jail for misdemeanor offenses or are being held in jail on felony charges, but have not been ajudicated are eligible to vote. But the mechanics may prevent that from happening.

“There are only a few counties in Wisconsin that the sheriffs have made provisions for them to cast ballots while they are in jail,” Dillard said. “I know our Dane County Sheriff is well-meaning. The League of Women Voters has been talking with him. I’ve been talking with him and they would like to make some provisions for individuals to be able to cast their ballot in the jail. But there are some logistics that haven’t been worked out.”

In Wisconsin, there are roughly 46,000 people on extended supervision who cannot vote. Wisconsin is an “island” in this regard.

“What is sad is that every state that borders Wisconsin — Minnesota, Illinois, Michigan, Iowa — allows people to vote once they are back in the community,” Dillard said. “What’s up with Wisconsin? All around us, individuals serve their time in prison and once they get back into the community, they can cast their ballots. And they encourage the vote. But here in Wisconsin, we have 7-15 year periods that you are in the community working and paying taxes, but you can’t vote.”

Even Florida allows people on paper to vote.

“We took a delegation from Wisconsin down there and help push for Amendment Four to get voting rights back,” Dillard said of the effort in Florida. “There were delegations from all over the country. That was a lifetime ban in that state. With the passing of that amendment, 1.4 million people had their voting rights reestablished. It was binding once the people voted on it. DeSantos came back behind them and said, ‘If you owe fines or fees, you still haven’t completed your sentence so you can’t vote.’ The people voted on this binding referendum. Eighty percent of the people voted for this Amendment Four. We celebrated with them. It was an exciting thing. And then they came back with the fees and restitution limitation. They started raising money through the philanthropy world to pay off some of the fines. And they couldn’t tell them how much they owed. Many went to jail because they voted and they owed fines and fees. They were charged a felony for voting. Yet they couldn’t tell them how much they owed. It’s a long running thing. It’s a part of Jim Crow. ‘Count how many jellybeans are in that jar over there.’ Or it’s like a poll tax. ‘You have to pay this much in order to vote.’ It’s voter suppression. And felon disenfranchisement has been huge all over the country.”

In Wisconsin, EXPO is pushing Unlock the Vote to allow people on paper to vote in Wisconsin. They have collected 40,000 signatures and hope to get it on the legislative agenda in January. While there is some bipartisan interest and the effort is non-partisan, the issue is often viewed through a partisan lens.

“I am praying that redistricting will lead to more competition that will open a window,” Dillard said. “It’s exciting that the old maps have been tossed out. I know that it changes for several seats within our legislative body.”

Perhaps 46,000 Wisconsinites can once again become fully participating citizens. The ball is in the legislature’s hands.