[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1677 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1677
To secure the Federal voting rights of persons when released from
incarceration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Cardin (for himself, Mr. Schatz, Mr. Padilla, Mr. Casey, Mrs.
Feinstein, Ms. Warren, Mr. Markey, Mr. Menendez, Ms. Smith, Mr. Welch,
Ms. Baldwin, Mr. Booker, Mr. Blumenthal, Ms. Klobuchar, Mr. Sanders,
Mrs. Murray, Mr. Wyden, Mr. Van Hollen, Ms. Hirono, Mrs. Shaheen, Mr.
Kaine, Mr. Brown, and Mr. Durbin) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To secure the Federal voting rights of persons when released from
incarceration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Democracy Restoration Act of 2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates
individuals with criminal convictions into free society,
helping to enhance public safety.
(2) Article I, section 4, of the Constitution grants
Congress ultimate supervisory power over Federal elections, an
authority which has repeatedly been upheld by the United States
Supreme Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous condition
of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th
Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections. The
8th Amendment to the Constitution provides for no excessive
bail to be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
(4) There are 3 areas in which discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections--
(A) the lack of a uniform standard for voting in
Federal elections leads to an unfair disparity and
unequal participation in Federal elections based solely
on where a person lives;
(B) laws governing the restoration of voting rights
after a criminal conviction vary throughout the country
and persons in some States can easily regain their
voting rights while in other States persons effectively
lose their right to vote permanently; and
(C) State disenfranchisement laws
disproportionately impact racial and ethnic minorities.
(5) State disenfranchisement laws vary widely. Two States
(Maine and Vermont) and the Commonwealth of Puerto Rico do not
disenfranchise individuals with criminal convictions at all. In
2020, the District of Columbia re-enfranchised its citizens who
are under the supervision of the Federal Bureau of Prisons.
Twenty-five States disenfranchise certain individuals on felony
probation or parole. During 2023, lawmakers in Minnesota and
New Mexico expanded voting rights to citizens on felony
probation and parole. In 11 States, a conviction for certain
offenses can result in lifetime disenfranchisement.
(6) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(7) In 2022, over 4,600,000 citizens of the United States,
or about 1 in 50 adults in the United States, could not vote as
a result of a felony conviction. Of the 4,600,000 citizens
barred from voting then, only 23 percent were in prison or
jail. By contrast, 75 percent of persons disenfranchised then
resided in their communities while on probation or parole or
after having completed their sentences. Approximately 2,200,000
citizens who had completed their sentences were disenfranchised
due to restrictive State laws. Over 930,000 Floridians who
completed their sentence remain disenfranchised because of a
pay-to-vote requirement that was enacted by Florida lawmakers
in 2019 to undermine the impact of a 2018 ballot initiative
that eliminated the lifetime ban for persons with certain
felony convictions. In 3 States--Alabama, Mississippi, and
Tennessee--more than 8 percent of the total population is
disenfranchised.
(8) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform and
potentially discriminatory manner. Disenfranchised individuals
sometimes must either obtain a pardon or an order from the
Governor or an action by the parole or pardon board, depending
on the offense and State. Financial restrictions may also
inhibit individuals who have completed their sentences from re-
enfranchisement. Individuals convicted of a Federal offense
often have additional barriers to regaining voting rights.
(9) Many felony disenfranchisement laws today derive
directly from post-Civil War efforts to stifle the Fourteenth
and Fifteenth Amendments. Between 1865 and 1880, at least 14
States--Alabama, Arkansas, Colorado, Florida, Georgia,
Illinois, Mississippi, Missouri, Nebraska, New York, North
Carolina, South Carolina, Tennessee, and Texas--enacted or
expanded their felony disenfranchisement laws. One of the
primary goals of these laws was to prevent African Americans
from voting. Of the States that enacted or expanded their
felony disenfranchisement laws during this post-Civil War
period, at least 11 continue to preclude persons on felony
probation or parole from voting.
(10) State disenfranchisement laws disproportionately
impact racial and ethnic minorities. In recent years, African
Americans have been imprisoned at over 5 times the rate of
Whites. More than 6 percent of the voting-age African-American
population, or 1,800,000 African Americans, are disenfranchised
due to a felony conviction. In 9 States--Alabama (16 percent),
Arizona (13 percent), Florida (15 percent), Kentucky (15
percent), Mississippi (16 percent), South Dakota (14 percent),
Tennessee (21 percent), Virginia (16 percent), and Wyoming (36
percent)--more than 1 in 8 African Americans are unable to vote
because of a felony conviction, twice the national average for
African Americans.
(11) Latino citizens are also disproportionately
disenfranchised based upon their disproportionate
representation in the criminal justice system. Although data on
ethnicity in correctional populations are unevenly reported and
undercounted in some States, a conservative estimate is that at
least 506,000 Latino Americans or 1.7 percent of the voting-age
population are disenfranchised. More than 2 percent of the
voting-age Latino population, or 560,000 Latinos, are
disenfranchised due to a felony conviction. In 31 States
Latinos are disenfranchised at a higher rate than the general
population. In Arizona and Tennessee over 6 percent of Latino
voters are disenfranchised due to a felony conviction.
(12) Women have been significantly impacted by mass
incarceration since the early 1980s. Approximately 1,000,000
women were disenfranchised in 2022, comprising over 20 percent
of the total disenfranchised population.
(13) Disenfranchising citizens who have been convicted of a
criminal offense and who are living and working in the
community serves no compelling State interest and hinders their
rehabilitation and reintegration into society. Models of
successful re-entry for persons convicted of a crime emphasize
the importance of community ties, feeling vested and
integrated, and prosocial attitudes. Individuals with criminal
convictions who succeed in avoiding recidivism are typically
more likely to see themselves as law-abiding members of the
community. Restoration of voting rights builds those qualities
and facilitates reintegration into the community. That is why
allowing citizens with criminal convictions who are living in a
community to vote is correlated with a lower likelihood of
recidivism. Restoration of voting rights thus reduces violence
and protects public safety.
(14) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised persons.
Future electoral participation by the children of
disenfranchised parents may be impacted as well.
(15) The United States is one of the only Western
democracies that permits the permanent denial of voting rights
for individuals with felony convictions.
(16) The Eighth Amendment's prohibition on cruel and
unusual punishments ``guarantees individuals the right not to
be subjected to excessive sanctions.'' (Roper v. Simmons, 543
U.S. 551, 560 (2005)). That right stems from the basic precept
of justice ``that punishment for crime should be graduated and
proportioned to [the] offense.'' Id. (quoting Weems v. United
States, 217 U.S. 349, 367 (1910)). As the Supreme Court has
long recognized, ``[t]he concept of proportionality is central
to the Eighth Amendment.'' (Graham v. Florida, 560 U.S. 48, 59
(2010)). Many State disenfranchisement laws are grossly
disproportional to the offenses that lead to disenfranchisement
and thus violate the bar on cruel and unusual punishments. For
example, a number of States mandate lifetime disenfranchisement
for a single felony conviction or just two felony convictions,
even where the convictions were for non-violent offenses. In
numerous other States, disenfranchisement can last years or
even decades while individuals remain on probation or parole,
often only because a person cannot pay their legal financial
obligations. These kinds of extreme voting bans run afoul of
the Eighth Amendment.
(17) The Twenty-Fourth Amendment provides that the right to
vote ``shall not be denied or abridged by the United States or
any State by reason of failure to pay any poll tax or other
tax.'' Section 2 of the Twenty-Fourth Amendment gives Congress
the power to enforce this article by appropriate legislation.
Court fines and fees that individuals must pay to have their
voting rights restored constitute an ``other tax'' for purposes
of the Twenty-Fourth Amendment. At least five States explicitly
require the payment of fines and fees before individuals with
felony convictions can have their voting rights restored. More
than 20 other States effectively tie the right to vote to the
payment of fines and fees, by requiring that individuals
complete their probation or parole before their rights are
restored. In these States, the non-payment of fines and fees is
a basis on which probation or parole can be extended. Moreover,
these States sometimes do not record the basis on which an
individual's probation or parole was extended, making it
impossible to determine from the State's records whether non-
payment of fines and fees is the reason that an individual
remains on probation or parole. For these reasons, the only way
to ensure that States do not deny the right to vote based
solely on non-payment of fines and fees is to prevent States
from conditioning voting rights on the completion of probation
or parole.
SEC. 3. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense unless
such individual is serving a felony sentence in a correctional
institution or facility at the time of the election.
SEC. 4. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this Act.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this Act may provide written notice of the violation to the
chief election official of the State involved.
(2) Relief.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice under paragraph (1), or within 20 days after receipt of
the notice if the violation occurred within 120 days before the
date of an election for Federal office, the aggrieved person
may, in a civil action, obtain declaratory or injunctive relief
with respect to the violation.
(3) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action to obtain declaratory or injunctive relief with
respect to the violation.
SEC. 5. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who has
been convicted of a criminal offense under the law of that
State that such individual has the right to vote in an election
for Federal office pursuant to the Democracy Restoration Act of
2023 and may register to vote in any such election and provide
such individuals with any materials that are necessary to
register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation; or
(ii) is released from the custody of that
State (other than to the custody of another
State or the Federal Government to serve a term
of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law shall be notified in
accordance with paragraph (2) that such individual has the
right to vote in an election for Federal office pursuant to the
Democracy Restoration Act of 2023 and may register to vote in
any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given--
(i) in the case of an individual who is
sentenced to serve only a term of probation, by
the Assistant Director for the Office of
Probation and Pretrial Services of the
Administrative Office of the United States
Courts on the date on which the individual is
sentenced; or
(ii) in the case of any individual
committed to the custody of the Bureau of
Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the
date that is 6 months before such individual is
released and ending on the date such individual
is released from the custody of the Bureau of
Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a court established by an Act of Congress.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States, or
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 7. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this Act
shall be construed to prohibit any State from enacting any State law
which affords the right to vote in any election for Federal office on
terms less restrictive than those established by this Act.
(b) Certain Federal Acts.--The rights and remedies established by
this Act are in addition to all other rights and remedies provided by
law, and neither rights and remedies established by this Act shall
supersede, restrict, or limit the application of the Voting Rights Act
of 1965 (52 U.S.C. 10301 et seq.), the National Voter Registration Act
(52 U.S.C. 20501), or the Help America Vote Act of 2002 (52 U.S.C.
20901 et seq.).
SEC. 8. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may receive or
use, to construct or otherwise improve a prison, jail, or other place
of incarceration, any Federal funds unless that State, unit of local
government, or person--
(1) is in compliance with section 3; and
(2) has in effect a program under which each individual
incarcerated in that person's jurisdiction who is a citizen of
the United States is notified, upon release from such
incarceration, of that individual's rights under section 3.
SEC. 9. EFFECTIVE DATE.
This Act shall apply to citizens of the United States voting in any
election for Federal office held on or after the date of the enactment
of this Act.
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