By Wayne T. Dowdy
On November 3, 2026, Americans voted in the midterm elections. Most of the coverage was about control of Congress and governors’ mansions. But for anyone who cares about prisons, sentencing, and second chances, some of the most important results were further down the ballot — in ballot measures, attorneys general races, and sheriff and prosecutor elections.
I’m neither Democrat or Republican. I judge leaders by what they do, not by their party label. Actions speak louder than words. So let’s look at what voters actually decided, and what it could mean for the prison system and criminal justice in America.
The national picture leaned tougher
Since 2022, every criminal-justice ballot measure on state ballots has moved policy in a more punitive direction — all 16 of them, most focused on expanding when bail can be denied. The 2026 measures continued that trend.
In Colorado, a measure to toughen fentanyl penalties was holding a substantial lead on election night. It would make possessing any amount of fentanyl a felony, and possession with intent to distribute would carry a mandatory prison sentence of 8 to 32 years. The state’s own analysis estimated it would cost around $9 million in the first couple of years, rising to roughly $68 million as more people are incarcerated for longer periods. Supporters say it will save lives by getting fentanyl off the streets. Opponents, including the Colorado Criminal Justice Reform Coalition, say it doesn’t fund the treatment that actually prevents overdoses.
A step toward second chances in Virginia
Virginia moved the other way on one important question. Voters approved Amendment 3, ending the state’s lifetime ban on voting for people with felony convictions. Now, a citizen can vote so long as they are not actively incarcerated over a felony conviction. Virginia had been one of only three states with lifetime disenfranchisement for any felony.
For people coming home from prison, that is a real second chance — a say in the community they are rejoining.
I laid out eight proven ways America can actually reduce recidivism — voting rights after release belong on that same road home.
New leadership in Georgia
Here in Georgia, voters elected Keisha Lance Bottoms governor, 54.3% to 45.7%, the first Democrat to win the office since 1998, succeeding term-limited Governor Brian Kemp. Democrats also swept the other statewide offices, including Attorney General, won by prosecutor Tanya Miller.
Why does that matter for prisons? Because a governor appoints the members of the Board of Pardons and Paroles, directs the Department of Corrections, and sets the budget priorities for the whole system. New leadership means a new direction on parole, prison conditions, and reentry programs. What that direction turns out to be, we will see in the actions, not the speeches.
I’ve written before about corruption in Georgia’s prison system, and new leadership is where that kind of change has to start.
Closer to home: prosecutors and sheriffs
Prison policy isn’t only made in governors’ mansions and legislatures. Prosecutors decide who gets charged, and sheriffs run the county jails.
In Indianapolis, prosecutor Ryan Mears was reelected with 71% of the vote. He has declined to prosecute simple marijuana possession cases and runs driver’s license and expungement workshops — the kind of practical help that keeps people out of the system. The county’s new sheriff will manage the jail, including how it interacts with immigration enforcement.
In Missouri, voters narrowly approved Amendment 8, giving the state attorney general sole power to remove most county sheriffs, taking that power from local prosecutors. And in Boone County, Missouri, voters rejected a sales tax to build a new, larger jail, with 59.8% voting no.
What to watch
So what should we watch in the months ahead? Whether tougher sentences are matched with treatment funding. Whether parole and reentry programs grow or shrink. Whether people coming home get a real path back — a job, a license, a vote — or just a bus ticket and a record that follows them forever.
A felony conviction follows a person long after release, as I wrote in Convicted Felons with Firearms in the United States: So What?
Prisons don’t just hold people. They return people to our communities. The question is whether they return better or worse.
So I’ll ask the question I started with: what change do you want to see first — shorter sentences, more treatment, better reentry programs, or something else? Leave a comment and tell me.
Frequently asked questions
Do elections really affect the prison system?
Yes — governors appoint parole boards and direct corrections departments, legislatures set sentences, voters decide ballot measures, sheriffs run jails, and prosecutors decide who gets charged.
Can people with felony convictions vote in Virginia now?
Yes, unless they are actively incarcerated over a felony conviction, after voters approved Amendment 3.
What happens under Colorado’s fentanyl measure?
It was leading in returns; it would make possessing any amount of fentanyl a felony, with 8 to 32 years for possession with intent to distribute.
Sources: Ballotpedia News, Colorado Public Radio, NowGeorgia, Mirror Indy, KRPS.
This post was drafted with the assistance of AI and reviewed by the author.