California sentencing laws are changing who is eligible to vote, and prisoner rights advocacy groups say 85,000 California voters have been disenfranchised as a result.

The issue has become murky since April, when Democratic Gov. Jerry Brown signed into law a measure that realigned the criminal justice system to reduce prison overcrowding and cut budgets. Over the last nine months, the state’s 58 counties have assumed responsibility for low-level felony offenders who would have otherwise been in prison.

Since 1974, Californians with serious and lesser felony convictions have had the right to vote unless they’re in state prison or on parole. In December, Secretary of State Debra Bowen, a Democrat, told county election clerks there’s no difference between county and state incarceration when it comes to felons’ right to vote.

The League of Women Voters and prisoner rights organizations, such as All of Us or None, see a difference. They sued in the state’s Supreme Court May 28, challenging interpretation of the law. The Supreme Court hasn’t decided to hear the case yet, although the groups ask the state to clarify who is eligible to vote while serving in county jail.

A plaintiff in the case, 31-year-old Alisha Coleman, is serving a three-year sentence in San Francisco County jail for drug trafficking convictions, followed by one year of mandatory supervision. She cannot vote, but hopes the court will allow her to vote by mail from her cell.

Bowen’s office declined to comment on the case.

By Alissa Skelton, News21