Judge grants Jefferson County home incarceration inmates temporary voting pass

A specific group of Jefferson County defendants gained temporary freedom to cast ballots on Tuesday.

Deputy Chief Judge Jennifer Wilcox signed an order on Monday that authorized a one-time release for these individuals. The permission applied only during Tuesday's polling hours. Participants were granted a maximum four-hour window to travel to their polling sites and return.

The order targeted people on home incarceration in Jefferson Circuit Court cases who held active community releases. To qualify, they had to be registered and eligible to vote. Those who met these criteria provided verification of their status before leaving their homes.

Retired Judge McKay Chauvin defended the decision as a protection of constitutional rights. He noted that placement in the home incarceration program does not automatically strip individuals of their voting privileges. "That’s a sacred right that everybody has, unless or until it’s taken away or they lose it," Chauvin said. He emphasized that mere accusation or misdemeanor conviction does not remove that right.

Kentucky law reserves voting loss for convicted felons. Many home incarceration participants are awaiting trial or have misdemeanor convictions. Chauvin stated the county has an obligation to facilitate voting when the right remains intact. The four-hour duration matches the limit state law grants to government employees, though Chauvin warned that using the full time would raise concerns.

Participants notified their supervising corrections officers before departing. Unauthorized deviations from the polling site carried swift penalties. "If you had a voting release, and instead of going to vote you went to a bar, you’re going back to jail," Chauvin said. The Louisville Metro Department of Corrections did not respond to requests for comment on the number of people who utilized the release.