Harris declines to reveal how she voted on California proposition that would toughen criminal penalties

(CNN) — Vice President Kamala Harris on Sunday declined to say how she voted on Proposition 36, a California ballot initiative that would allow for increased sentencing for people convicted of retail theft or drug crimes.

“I am not going to talk about the vote on that because honestly, it’s the Sunday before the election, and I don’t intend to create an endorsement one way or another around it,” she told reporters in Detroit when asked about the proposition.

Harris, a former California attorney general and San Francisco district attorney, was speaking about casting her vote, saying, “I actually just filled out my mail-in ballot” and sent it to California, her home state.

Proposition 36 would increase the punishment of certain theft and drug crimes by recategorizing them as felonies rather than misdemeanors. It would also require courts to warn people who sell illegal substances that they could be charged with murder if the substance kills someone.

The measure would change parts of Proposition 47, a controversial initiative approved by California voters in 2014 to reduce overcrowding in jails by reducing punishments for some crimes.

Backers of Proposition 36 include district attorneys, Republican lawmakers and big chain stores, such as Walmart, that have been lashing out against a Covid-era rise in shoplifting that subsided last year. But it also has support from a handful of Democratic mayors, including San Francisco’s London Breed, who is facing a tough reelection campaign.

Opponents, including Democratic state leaders and social justice groups, have said the proposal would disproportionately imprison poor people and those with substance-use issues.

In her political career, Harris has attempted to walk a line between styling herself as a tough-on-crime prosecutor and progressive politician.

Harris started her presidential campaign touting her career as a prosecutor, hoping to paint a contrast between her record and former President Donald Trump’s multiple criminal cases.

As a prosecutor, Harris adopted what she called a “smart on crime” approach to law enforcement. It included the launch of a program that sought to steer nonviolent offenders toward job training and away from prison and the release of statewide criminal justice data in an effort to enhance government accountability.

Republicans this election cycle have sought to tie crime to immigration, using Harris’ time as a prosecutor and attorney general in a border state as a broader attack on how Democrats have handled crime across the country.

On the other hand, progressive and civil rights activists have criticized some of her policies during her time as California’s top cop, which lost her some supporters when she ran in the Democratic presidential primaries in 2019.

CNN’s Sam Fossum and The Associated Press contributed to this report.