II 

112TH CONGRESS 

1ST SESSION S. 2017 

To secure the Federal voting rights of persons when released from 

incarceration. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 16, 2011 

Mr. CARDIN (for himself, Mr. DURBIN, and Mr. WHITEHOUSE) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Democracy Restoration 

5 Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The right to vote is the most basic constitu9 tive act of citizenship. Regaining the right to vote 


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1 reintegrates individuals with criminal convictions 

2 into free society, helping to enhance public safety. 

3 (2) Article I, section 4, of the Constitution 

4 grants Congress ultimate supervisory power over 

5 Federal elections, an authority which has repeatedly 

6 been upheld by the United States Supreme Court. 

7 (3) Basic constitutional principles of fairness 

8 and equal protection require an equal opportunity 

9 for citizens of the United States to vote in Federal 

10 elections. The right to vote may not be abridged or 

11 denied by the United States or by any State on ac12 count of race, color, gender or previous condition of 

13 servitude. The 14th, 15th, 19th, 24th, and 26th 

14 Amendments to the Constitution empower Congress 

15 to enact measures to protect the right to vote in 

16 Federal elections. 

17 (4) There are 3 areas where discrepancies in 

18 State laws regarding criminal convictions lead to un19 fairness in Federal elections— 

20 (A) the lack of a uniform standard for vot21 ing in Federal elections leads to an unfair dis22 parity and unequal participation in Federal 

23 elections based solely on where a person lives; 

24 (B) laws governing the restoration of vot25 ing rights after a criminal conviction vary 


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1 throughout the country and persons in some 

2 States can easily regain their voting rights 

3 while in other States persons effectively lose 

4 their right to vote permanently; and 

5 (C) State disenfranchisement laws dis6 proportionately impact racial and ethnic minori7 ties. 

8 (5) Two States do not disenfranchise individ9 uals with criminal convictions at all (Maine and 

10 Vermont), but 48 States and the District of Colum11 bia have laws that deny convicted individuals the 

12 right to vote while they are in prison. 

13 (6) In some States disenfranchisement results 

14 from varying State laws that restrict voting while in15 dividuals are under the supervision of the criminal 

16 justice system or after they have completed a crimi17 nal sentence. In 35 States, convicted individuals may 

18 not vote while they are on parole and 30 of those 

19 States disenfranchise individuals on felony probation 

20 as well. In 10 States, a conviction can result in life21 time disenfranchisement. 

22 (7) Several States deny the right to vote to in23 dividuals convicted of certain misdemeanors. 

24 (8) An estimated 5,300,000 citizens of the 

25 United States, or about 1 in 41 adults in the United 


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1 States, currently cannot vote as a result of a felony 

2 conviction. Nearly 4,000,000 (74 percent) of the 

3 5,300,000 disqualified voters are not in prison, but 

4 are on probation or parole, or have completed their 

5 sentence. Approximately 40 percent of those individ6 uals who are disenfranchised have completed their 

7 entire sentence, including probation and parole. 

8 (9) In those States that disenfranchise individ9 uals post-sentence, the right to vote can be regained 

10 in theory, but in practice this possibility is often 

11 granted in a non-uniform and potentially discrimina12 tory manner. Disenfranchised individuals must ei13 ther obtain a pardon or an order from the Governor 

14 or an action by the parole or pardon board, depend15 ing on the offense and State. Individuals convicted 

16 of a Federal offense often have additional barriers to 

17 regaining voting rights. 

18 (10) State disenfranchisement laws dispropor19 tionately impact racial and ethnic minorities. Eight 

20 percent of the African American population, or 

21 2,000,000 African Americans, are disenfranchised. 

22 Given current rates of incarceration, approximately 

23 1 in 3 of the next generation of African American 

24 men will be disenfranchised at some point during 

25 their lifetime. Latino citizens are also disproportionVerDate Mar 15 2010 21:00 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2017.IS S2017

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1 ately disenfranchised based upon their dispropor2 tionate representation in the criminal justice system. 

3 (11) Disenfranchising citizens who have been 

4 convicted of a criminal offense and who are living 

5 and working in the community serves no compelling 

6 State interest and hinders their rehabilitation and 

7 reintegration into society. 

8 (12) State disenfranchisement laws can sup9 press electoral participation among eligible voters by 

10 discouraging voting among family and community 

11 members of disenfranchised persons. Future elec12 toral participation by the children of disenfranchised 

13 parents may be impacted as well. 

14 (13) The United States is the only Western de15 mocracy that permits the permanent denial of voting 

16 rights for individuals with felony convictions. 

17 SEC. 3. RIGHTS OF CITIZENS. 

18 The right of an individual who is a citizen of the 

19 United States to vote in any election for Federal office 

20 shall not be denied or abridged because that individual has 

21 been convicted of a criminal offense unless such individual 

22 is serving a felony sentence in a correctional institution 

23 or facility at the time of the election. 


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1 SEC. 4. ENFORCEMENT. 

2 (a) ATTORNEY GENERAL.—The Attorney General 

3 may, in a civil action, obtain such declaratory or injunctive 

4 relief as is necessary to remedy a violation of this Act. 

5 (b) PRIVATE RIGHT OF ACTION.— 

6 (1) IN GENERAL.—A person who is aggrieved 

7 by a violation of this Act may provide written notice 

8 of the violation to the chief election official of the 

9 State involved. 

10 (2) RELIEF.—Except as provided in paragraph 

11 (3), if the violation is not corrected within 90 days 

12 after receipt of a notice under paragraph (1), or 

13 within 20 days after receipt of the notice if the viola14 tion occurred within 120 days before the date of an 

15 election for Federal office, the aggrieved person 

16 may, in a civil action, obtain declaratory or injunc17 tive relief with respect to the violation. 

18 (3) EXCEPTION.—If the violation occurred 

19 within 30 days before the date of an election for 

20 Federal office, the aggrieved person need not provide 

21 notice to the chief election official of the State under 

22 paragraph (1) before bringing a civil action to obtain 

23 declaratory or injunctive relief with respect to the 

24 violation. 


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1 SEC. 5. NOTIFICATION OF RESTORATION OF VOTING 

2 RIGHTS. 

3 (a) STATE NOTIFICATION.— 

4 (1) NOTIFICATION.—On the date determined 

5 under paragraph (2), each State shall notify in writ6 ing any individual who has been convicted of a 

7 criminal offense under the law of that State that 

8 such individual has the right to vote in an election 

9 for Federal office pursuant to the Democracy Res10 toration Act of 2011 and may register to vote in any 

11 such election. 

12 (2) DATE OF NOTIFICATION.— 

13 (A) FELONY CONVICTION.—In the case of 

14 such an individual who has been convicted of a 

15 felony, the notification required under para16 graph (1) shall be given on the date on which 

17 the individual— 

18 (i) is sentenced to serve only a term 

19 of probation; or 

20 (ii) is released from the custody of 

21 that State (other than to the custody of 

22 another State or the Federal Government 

23 to serve a term of imprisonment for a fel24 ony conviction). 

25 (B) MISDEMEANOR CONVICTION.—In the 

26 case of such an individual who has been conVerDate Mar 15 2010 21:00 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2017.IS S2017

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1 victed of a misdemeanor, the notification re2 quired under paragraph (1) shall be given on 

3 the date on which such individual is sentenced 

4 by a State court. 

5 (b) FEDERAL NOTIFICATION.— 

6 (1) NOTIFICATION.—On the date determined 

7 under paragraph (2), the Director of the Bureau of 

8 Prisons shall notify in writing any individual who 

9 has been convicted of a criminal offense under Fed10 eral law that such individual has the right to vote 

11 in an election for Federal office pursuant to the De12 mocracy Restoration Act of 2011 and may register 

13 to vote in any such election. 

14 (2) DATE OF NOTIFICATION.— 

15 (A) FELONY CONVICTION.—In the case of 

16 such an individual who has been convicted of a 

17 felony, the notification required under para18 graph (1) shall be given on the date on which 

19 the individual— 

20 (i) is sentenced to serve only a term 

21 of probation by a court established by an 

22 Act of Congress; or 

23 (ii) is released from the custody of the 

24 Bureau of Prisons (other than to the cusVerDate Mar 15 2010 21:00 Dec 22, 2011 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2017.IS S2017

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1 tody of a State to serve a term of impris2 onment for a felony conviction). 

3 (B) MISDEMEANOR CONVICTION.—In the 

4 case of such an individual who has been con5 victed of a misdemeanor, the notification re6 quired under paragraph (1) shall be given on 

7 the date on which such individual is sentenced 

8 by a State court. 

9 SEC. 6. DEFINITIONS. 

10 For purposes of this Act: 

11 (1) CORRECTIONAL INSTITUTION OR FACIL12 ITY.—The term ‘‘correctional institution or facility’’ 

13 means any prison, penitentiary, jail, or other institu14 tion or facility for the confinement of individuals 

15 convicted of criminal offenses, whether publicly or 

16 privately operated, except that such term does not 

17 include any residential community treatment center 

18 (or similar public or private facility). 

19 (2) ELECTION.—The term ‘‘election’’ means— 

20 (A) a general, special, primary, or runoff 

21 election; 

22 (B) a convention or caucus of a political 

23 party held to nominate a candidate; 


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1 (C) a primary election held for the selec2 tion of delegates to a national nominating con3 vention of a political party; or 

4 (D) a primary election held for the expres5 sion of a preference for the nomination of per6 sons for election to the office of President. 

7 (3) FEDERAL OFFICE.—The term ‘‘Federal of8 fice’’ means the office of President or Vice President 

9 of the United States, or of Senator or Representa10 tive in, or Delegate or Resident Commissioner to, 

11 the Congress of the United States. 

12 (4) PROBATION.—The term ‘‘probation’’ means 

13 probation, imposed by a Federal, State, or local 

14 court, with or without a condition on the individual 

15 involved concerning— 

16 (A) the individual’s freedom of movement; 

17 (B) the payment of damages by the indi18 vidual; 

19 (C) periodic reporting by the individual to 

20 an officer of the court; or 

21 (D) supervision of the individual by an of22 ficer of the court. 

23 SEC. 7. RELATION TO OTHER LAWS. 

24 (a) STATE LAWS RELATING TO VOTING RIGHTS.— 

25 Nothing in this Act shall be construed to prohibit the 


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1 States from enacting any State law which affords the right 

2 to vote in any election for Federal office on terms less 

3 restrictive than those established by this Act. 

4 (b) CERTAIN FEDERAL ACTS.—The rights and rem5 edies established by this Act are in addition to all other 

6 rights and remedies provided by law, and neither rights 

7 and remedies established by this Act shall supersede, re8 strict, or limit the application of the Voting Rights Act 

9 of 1965 (42 U.S.C. 1973 et seq.) or the National Voter 

10 Registration Act (42 U.S.C. 1973–gg). 

11 SEC. 8. FEDERAL PRISON FUNDS. 

12 No State, unit of local government, or other person 

13 may receive or use, to construct or otherwise improve a 

14 prison, jail, or other place of incarceration, any Federal 

15 grant amounts unless that person has in effect a program 

16 under which each individual incarcerated in that person’s 

17 jurisdiction who is a citizen of the United States is noti18 fied, upon release from such incarceration, of that individ19 ual’s rights under section 3. 

20 SEC. 9. EFFECTIVE DATE. 

21 This Act shall apply to citizens of the United States 

22 voting in any election for Federal office held after the date 

23 of the enactment of this Act. 

Æ 


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