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Championing the Right to Vote Behind Bars

Sheriff Grady Judd

Victory for Democracy and Accountability: A Step Forward in Protecting Voting Rights

In a groundbreaking legal development, United States District Judge Mary Scriven has ruled that Polk County Sheriff Grady Judd's "paperless mail policy" in the Polk County Jail may have infringed upon the constitutional voting rights of our client, Russell L. Sanford, Jr., a pretrial detainee. This pivotal decision marks a significant stride toward ensuring that every eligible voter—regardless of their circumstances—can exercise their fundamental right to participate in democracy.  You can read the full decision here.  

The Case Overview

Our firm and attorney Marie Parmer represented Mr. Sanford, who challenged the jail’s restrictive mail policy that effectively denied him access to a mail-in ballot during the 2020 general election. While Mr. Sanford had successfully voted in prior elections while in custody, the jail's newly implemented policy barred him from receiving physical mail, including election materials. Despite repeated requests and compliance with jail procedures, his ballot was wrongfully withheld and placed in a property locker, preventing him from voting.

Legal Claims and Court’s Decision

The legal battle centered on whether the jail's mail policy was reasonably related to legitimate penological interests, as required under the standard set forth in Turner v. Safley. While the defendants argued that the policy aimed to protect inmates from toxic substances found in physical mail, the court found that the jail failed to provide alternative means for Mr. Sanford to exercise his right to vote—a right protected under the First and Fourteenth Amendments.

The court noted that:

  1. The jail had no clear policy allowing detainees to receive election materials through alternative methods.
  2. The administrative burden to accommodate mail-in ballots was minimal.
  3. The policy’s lack of clarity and inconsistent enforcement rendered it an exaggerated response to security concerns.

As a result, the court ruled in favor of Mr. Sanford for his claims related to the 2020 election, while dismissing claims related to the 2022 election due to procedural deficiencies.

Broader Implications

This decision underscores the importance of balancing institutional security with constitutional rights. It affirms that jails and detention centers cannot impose blanket policies that disproportionately disenfranchise detainees without justifiable cause. Voting is not only a fundamental right but also a vital expression of civic engagement, even for those awaiting trial.

A Call for Systemic Reform

This case highlights the need for systemic reform to ensure that eligible incarcerated individuals have unimpeded access to the ballot box. Clear, uniform policies must be established to accommodate voting rights while addressing institutional concerns. Our firm remains committed to advocating for justice and accountability in such critical areas.

Closing Thoughts

We are honored to have represented Mr. Sanford in this landmark case. This victory is not just a win for our client but a triumph for democracy itself. It sends a powerful message: the right to vote is sacrosanct, and we will not stand idle when it is threatened.

Stay tuned for further updates as we prepare for the trial to address lingering issues regarding systemic accountability. Together, we can ensure that no voice is silenced in our democratic process.


For inquiries or legal assistance, contact Kwall Barack Nadeau PLLC. We are dedicated to defending civil rights and promoting justice for all.