II 

118TH CONGRESS 

1ST SESSION S. 3423 

To guarantee the right to vote for all citizens regardless of conviction of 

a criminal offense, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2023 

Mr. WELCH (for himself, Mr. SANDERS, and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To guarantee the right to vote for all citizens regardless 

of conviction of a criminal offense, and for other purposes. 

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 ‘‘Inclusive Democracy 

5 Act of 2023’’. 

6 SEC. 2. PROTECTING THE FUNDAMENTAL RIGHT TO VOTE. 

7 (a) PROTECTION OF RIGHT.—The right of citizens of 

8 the United States to vote in an election for Federal office 

9 shall not be denied or abridged by the United States or 


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1 by any State on account of conviction of a criminal of2 fense. 

3 (b) APPLICATION.—Subsection (a) applies with re4 spect to convictions occurring before, on, or after the date 

5 of the enactment of this Act. 

6 SEC. 3. ACCESS TO THE BALLOT. 

7 (a) NOTIFICATION OF VOTING RIGHTS.— 

8 (1) STATE NOTIFICATION.—At the time an in9 dividual is convicted of a criminal offense under the 

10 law of a State, the State shall notify the individual 

11 in writing that the individual’s conviction of the of12 fense does not affect the individual’s right to vote in 

13 an election for Federal office and that the individual 

14 may register or remain registered to vote in an elec15 tion for Federal office if the individual is otherwise 

16 eligible to vote in the election, notwithstanding the 

17 individual’s conviction. 

18 (2) FEDERAL NOTIFICATION.—At the time an 

19 individual is convicted of a criminal offense under 

20 Federal law, the court in which the individual is con21 victed shall notify the individual in writing that the 

22 individual’s conviction of the offense does not affect 

23 the individual’s right to vote in an election for Fed24 eral office and that the individual may register or re25 main registered to vote in an election for Federal ofVerDate Sep 11 2014 20:35 Dec 19, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3423.IS S3423

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1 fice if the individual is otherwise eligible to vote in 

2 the election, notwithstanding the individual’s convic3 tion. 

4 (3) PERSONS ON PROBATION AND PAROLE.— 

5 Not later than 90 days after the date of the enact6 ment of this Act, the head of each Federal, State, 

7 and local probation or parole office shall provide 

8 each individual on probation or parole under the ju9 risdiction of that office with written notification 

10 about any changes made by this Act to voter eligi11 bility requirements in the applicable State. 

12 (4) PERSONS IN CARCERAL SETTINGS.—Not 

13 later than 90 days after the date of the enactment 

14 of this Act, the head of each Federal, State, and 

15 local carceral setting shall provide each individual in16 carcerated in their carceral setting with written noti17 fication that the individual’s criminal conviction does 

18 not affect the individual’s right to vote in an election 

19 for Federal office and that the individual may reg20 ister or remain registered to vote in an election for 

21 Federal office if the individual is otherwise eligible 

22 to vote in the election, notwithstanding the individ23 ual’s conviction. 

24 (5) PUBLIC NOTICE.— 


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1 (A) ROLE OF THE ELECTION ASSISTANCE

2 COMMISSION.—Not later than 180 days after 

3 the date of the enactment of this Act, the Elec4 tion Assistance Commission shall conduct a na5 tional public service announcement campaign, 

6 using newspapers, radio stations, social media 

7 platforms, and network television, to inform the 

8 public about the changes in voter eligibility pur9 suant to this Act. 

10 (B) ROLE OF THE DEPARTMENT OF JUS11 TICE.—Not later than 60 days after the date of 

12 the enactment of this Act, the Attorney General 

13 shall publish updated information on voting 

14 rights for individuals with criminal records and 

15 guidance on developing voting practices for such 

16 individuals. Such information shall be— 

17 (i) made publicly available on the De18 partment of Justice’s website; 

19 (ii) made publicly available on the 

20 Election Assistance Commission’s website; 

21 and 

22 (iii) provided to the Federal Bureau 

23 of Prisons, the Office of U.S. Probation 

24 and Pretrial Services, and the chief State 


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1 election official and the head of the depart2 ment of corrections in each State. 

3 (b) REGISTRATION.— 

4 (1) ACCESS TO REGISTRATION.—The head of 

5 each carceral setting shall offer an individual who is 

6 incarcerated at the carceral setting the opportunity 

7 to register to vote in an election for Federal office 

8 by providing the individual with the mail voter reg9 istration application form described in section 

10 9(a)(2) of the National Voter Registration Act of 

11 1993 (52 U.S.C. 20508(a)(2)) at the time of the in12 dividual’s incarceration at the carceral setting and 

13 upon the individual’s request. 

14 (2) TRANSMISSION OF VOTER REGISTRATION

15 APPLICATIONS BY CARCERAL SETTING.— 

16 (A) IN GENERAL.—Not later than 10 days 

17 after an individual who is incarcerated in a 

18 carceral setting provides an employee of the 

19 carceral setting with the individual’s completed 

20 voter registration application form, the head of 

21 the carceral setting shall mail or otherwise 

22 transmit the form to the chief State election of23 ficial of the State in which the individual has 

24 applied to register to vote. 


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1 (B) EXPEDITED TRANSMISSION WITHIN 5

2 DAYS OF ELECTION.—If an individual provides 

3 an employee of the carceral setting with a com4 pleted voter registration application form 5 

5 days before the deadline for registering to vote 

6 in an election for Federal office for which the 

7 individual seeks to register, the head of the 

8 carceral setting shall— 

9 (i) transmit to the chief State election 

10 official of the State in which the individual 

11 seeks to register to vote the individual’s 

12 application form electronically on the day 

13 on which the head of the carceral setting 

14 receives the form from the individual; or 

15 (ii) shall ensure that the form is 

16 mailed to the chief State election official of 

17 the State in which the individual seeks to 

18 register to vote and is postmarked within 

19 2 days of receiving the form from the indi20 vidual. 

21 (3) ACCEPTANCE OF FORMS BY ELECTION OF22 FICIALS.— 

23 (A) DEADLINE FOR ACCEPTANCE.—A 

24 State may not refuse to accept or process a 

25 voter registration application form submitted on 


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1 behalf of an individual under this subsection 

2 with respect to an election for Federal office in 

3 the State on the grounds that the individual did 

4 not meet a deadline for returning the form to 

5 the appropriate State or local election official if 

6 the form is postmarked or otherwise indicated 

7 by the United States Postal Service to have 

8 been mailed within 2 days of the deadline for 

9 receipt of the form under State law. 

10 (B) REQUIRING ACCEPTANCE IN ELEC11 TRONIC FORM.—A State may not refuse to ac12 cept or process a voter registration application 

13 form submitted on behalf of an individual under 

14 this subsection with respect to an election for 

15 Federal office in the State on the grounds that 

16 the individual submitted the form electronically, 

17 including by fax or email, or that the individual 

18 submitted the form by mail. 

19 (4) ADDRESS FOR PURPOSES OF VOTER REG20 ISTRATION.— 

21 (A) CHOICE OF ADDRESS.—An incarcer22 ated individual may register to vote in an elec23 tion for Federal office in accordance with this 

24 section by using either the individual’s last 


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1 known address or the address of the carceral 

2 setting. 

3 (B) PROVIDING SAME ABILITY TO CHANGE

4 ADDRESS BETWEEN ELECTIONS AS REG5 ISTRANTS NOT INCARCERATED.—To the extent 

6 that a State permits an individual who is not 

7 incarcerated to use a different address to reg8 ister to vote in elections for the same Federal 

9 office, including primary, general, and runoff 

10 elections for that office, the State shall permit 

11 an incarcerated individual to use either the in12 dividual’s last known address or the address of 

13 the carceral setting to register to vote in elec14 tions for the same Federal office. 

15 (5) EXCEPTION.—Nothing in this section shall 

16 be construed as requiring an incarcerated individual 

17 to register to vote if the individual’s address under 

18 paragraph (4)(A) is located in a jurisdiction that 

19 does not require voter registration as a prerequisite 

20 to voting in an election for Federal office. 

21 (c) ABSENTEE VOTING.— 

22 (1) IN GENERAL.—An individual who is incar23 cerated in a carceral setting and who is registered 

24 to vote in an election for Federal office shall have 


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1 the right to vote in the election by mail by absentee 

2 ballot. 

3 (2) ABSENTEE BALLOT APPLICATIONS.— 

4 (A) PROVISION OF APPLICATIONS.—If an 

5 individual who is incarcerated in a carceral set6 ting is registered to vote in an election for Fed7 eral office, the head of the carceral setting shall 

8 provide the individual with an application to 

9 vote by absentee ballot in the election upon re10 quest. 

11 (B) TRANSMISSION OF APPLICATIONS.— 

12 Not later than 2 days after an incarcerated in13 dividual provides an employee of the carceral 

14 setting with a completed application to vote by 

15 absentee ballot, the head of the carceral setting 

16 shall mail or otherwise transmit the application 

17 to the chief State election official of the State 

18 in which the individual is registered to vote in 

19 the election. 

20 (C) ACCEPTANCE OF APPLICATIONS.— 

21 (i) DEADLINE.—A State may not 

22 refuse to accept or process an application 

23 to vote by absentee ballot submitted on be24 half of an individual under this subsection 

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1 fice in the State on the grounds that the 

2 individual did not meet a deadline for re3 turning the application to the appropriate 

4 State or local election official if the form is 

5 postmarked or otherwise indicated by the 

6 United States Postal Service to have been 

7 mailed within 2 days of the deadline for 

8 the receipt of the application under State 

9 law. 

10 (ii) REQUIRING ACCEPTANCE IN ELEC11 TRONIC FORM.—A State may not refuse to 

12 accept or process an application to vote by 

13 absentee ballot submitted on behalf of an 

14 individual under this subsection with re15 spect to an election for Federal office in 

16 the State on the grounds that the indi17 vidual submitted the application electroni18 cally, including by fax or email, or that the 

19 individual submitted the application by 

20 mail. 

21 (D) REQUIREMENTS FOR STATES TRANS22 MITTING APPLICATIONS WITHOUT REQUEST

23 FROM REGISTRANT.—A State which transmits 

24 applications to vote by absentee ballot in an 

25 election for Federal office to each individual 


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1 who is registered to vote in the election, without 

2 regard to whether the individual requests the 

3 application, shall ensure that applications are 

4 transmitted to individuals who are incarcerated 

5 in a carceral setting and who are registered to 

6 vote in the election in the same manner as ap7 plications are transmitted to other individuals 

8 who are registered to vote in the election. 

9 (3) ABSENTEE BALLOTS.— 

10 (A) PROVISION OF ABSENTEE BALLOTS.— 

11 (i) ELECTION MAIL.—An absentee 

12 ballot that is mailed to an incarcerated in13 dividual under this subsection shall be 

14 treated and marked as election mail for 

15 purposes of title 39, United States Code. 

16 (ii) EXPEDITED PROCESSING.—The 

17 head of a carceral setting shall ensure that 

18 any election mail is made available to an 

19 incarcerated individual to whom it is ad20 dressed not later than 24 hours after such 

21 mail is received at the carceral setting. 

22 (B) PROVISIONAL BALLOTS.— 

23 (i) RIGHT TO CAST PROVISIONAL AB24 SENTEE BALLOT.—If an incarcerated indi25 vidual declares that such individual is a 


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1 registered voter in the jurisdiction in which 

2 the individual desires to vote and that the 

3 individual is eligible to vote in an election 

4 for Federal office, but the name of the in5 dividual does not appear on the official list 

6 of eligible voters for the election or an elec7 tion official asserts that the individual is 

8 not eligible to vote, such individual shall be 

9 permitted to cast a provisional absentee 

10 ballot in the election, notwithstanding the 

11 failure of the individual to request an ab12 sentee ballot prior to the deadline for sub13 mitting a request for the ballot under the 

14 law of the State in which the individual 

15 seeks to vote. 

16 (ii) PROCESS.—Section 302(a) of the 

17 Help America Vote Act of 2002 (52 U.S.C. 

18 21082(a)) shall apply with respect to a 

19 provisional absentee ballot cast by an in20 carcerated individual under this subsection 

21 in the same manner as such section applies 

22 to a provisional ballot cast by a voter. 

23 (C) PRE-PAID POSTAGE.—Consistent with 

24 regulations of the United States Postal Service, 

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1 sponsible for the administration of the election 

2 for Federal office involved shall prepay the 

3 postage on any envelope provided to an incar4 cerated individual under this Act. 

5 (D) TRANSMISSION OF BALLOTS.—The 

6 head of a carceral setting shall mail or other7 wise transmit a ballot on behalf of an incarcer8 ated individual under this subsection to the ap9 propriate election official on the same day on 

10 which an incarcerated individual submits the 

11 ballot to an employee of the carceral setting, or, 

12 if the individual submits the ballot to an em13 ployee of the carceral setting after business 

14 hours, not later than 24 hours after the indi15 vidual submits the ballot to the employee. 

16 (E) ACCEPTANCE OF BALLOTS.—A State 

17 may not refuse to accept or process an absentee 

18 ballot submitted on behalf of an individual 

19 under this subsection with respect to an election 

20 for Federal office in the State— 

21 (i) on the grounds that the individual 

22 did not meet a deadline for returning the 

23 ballot to the appropriate State or local 

24 election official if the ballot is postmarked 

25 or otherwise indicated by the United States 


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1 Postal Service to have been mailed on or 

2 before the date of the election; or 

3 (ii) on the grounds that the individual 

4 did not include with the ballot a copy of a 

5 form of identification otherwise required 

6 under State law. 

7 (F) NOTICE AND OPPORTUNITY TO CURE

8 MISSING SIGNATURE OR OTHER DEFECT.—If an 

9 incarcerated individual submits a ballot under 

10 this subsection without a signature or submits 

11 a ballot with another defect (other than a defect 

12 consisting of the failure of a ballot to meet the 

13 applicable deadline for the acceptance of the 

14 ballot) which, if left uncured, would cause the 

15 ballot to not be counted, the appropriate State 

16 or local election official, prior to making a final 

17 determination as to the validity of the ballot, 

18 shall— 

19 (i) make a good faith effort to imme20 diately notify the individual by mail, tele21 phone, and (if available) text message and 

22 electronic mail that— 

23 (I) the ballot did not include a 

24 signature or has some other defect, 

25 and 


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1 (II) if the individual does not 

2 provide the missing signature or cure 

3 the other defect prior to the expira4 tion of the 10-day period which begins 

5 on the date the official notifies the in6 dividual that the ballot did not include 

7 a signature or has some other defect, 

8 such ballot will not be counted; and 

9 (ii) count the ballot if, prior to the ex10 piration of the 10-day period described in 

11 clause (i)(II), the individual provides the 

12 official with the missing signature on a 

13 form proscribed by the State or cures the 

14 other defect. 

15 (G) REQUIREMENTS FOR STATES TRANS16 MITTING APPLICATIONS WITHOUT REQUEST

17 FROM REGISTRANT.—A State which transmits 

18 absentee ballots in an election for Federal office 

19 to each individual who is registered to vote in 

20 the election, without regard to whether the indi21 vidual requests the absentee ballot, shall ensure 

22 that absentee ballots are transmitted to individ23 uals who are incarcerated in a carceral setting 

24 and who are registered to vote in the election 

25 in the same manner as absentee ballots are 


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1 transmitted to other individuals who are reg2 istered to vote in the election. 

3 (d) ACCESS TO SERVICES AND INFORMATION ON

4 ELECTIONS.— 

5 (1) ONLINE SERVICES.—If a carceral setting 

6 provides the individuals who are incarcerated in the 

7 carceral setting with access to computers, tablets, or 

8 other electronic devices with internet access, the 

9 carceral setting shall permit an incarcerated indi10 vidual who is eligible to vote in an election for Fed11 eral office with access to the internet and such de12 vices free of charge for the purpose of researching 

13 candidates in the election, political campaigns, and 

14 procedures for registration and voting. 

15 (2) DISTRIBUTION OF INFORMATION BY CAN16 DIDATES, CAMPAIGNS, AND NONPARTISAN

17 GROUPS.—A carceral setting shall permit candidates, 

18 political campaigns, and non-partisan groups that 

19 register individuals to vote and distribute voter edu20 cational materials and information on an election for 

21 Federal office and voting, candidates, and political 

22 campaigns involved with the election to distribute 

23 such materials inside the carceral setting— 

24 (A) in the case of a candidate, political 

25 campaign, or nonpartisan group that distributes 


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1 such materials and information on elections for 

2 Federal office held in the State in which the 

3 carceral setting is located, for not fewer than 

4 60 days before the date of any election for Fed5 eral office held in the State; or 

6 (B) in the case of a candidate, political 

7 campaign, or nonpartisan group that distributes 

8 such materials and information on elections for 

9 Federal office which are not held in that State, 

10 at least once a year. 

11 (3) POSTING OF INFORMATION IN CARCERAL

12 SETTING.—The head of a carceral setting shall en13 sure that information on registering to vote in elec14 tions for Federal office, requesting an absent ballot 

15 in such elections, and voting in elections for Federal 

16 office is posted prominently in an area of the 

17 carceral setting that is commonly accessible and visi18 ble to the incarcerated individuals. 

19 (e) ACCESS FOR THIRD PARTIES TO PROVIDE VOTER

20 REGISTRATION SERVICES.— 

21 (1) ACCESS REQUIRED.—The head of a carceral 

22 setting shall permit a nonpartisan entity that pro23 vides non-partisan voter registration services to 

24 enter the carceral setting and provide such services 


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1 to individuals who are incarcerated in the carceral 

2 setting. 

3 (2) PROHIBITING RESTRICTIONS ON ACCESS OF

4 CERTAIN INDIVIDUALS.—The head of a carceral set5 ting may not place restrictions on an individual’s 

6 ability to enter a carceral setting as a representative 

7 of a nonpartisan entity described in paragraph (1) 

8 on the grounds that the individual was formerly in9 carcerated or that the individual is on the visitors 

10 list of an individual who is currently incarcerated. 

11 (f) GUIDANCE ON PROSECUTION.—No incarcerated 

12 individual who is registered to vote in an election for Fed13 eral office and who is provided a ballot that includes an 

14 election for a non-Federal office, ballot initiative, or ref15 erendum for which the individual is not registered to vote 

16 may be prosecuted under any law on the grounds that the 

17 individual voted in that election for a non-Federal office, 

18 ballot initiative, or referendum. 

19 (g) EFFECTIVE DATE.—This section shall apply with 

20 respect to the regularly scheduled general elections for 

21 Federal office in November 2024 and each succeeding 

22 election for Federal office. 


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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 State election official of 

9 the State involved, or, if the violation is alleged to 

10 be committed by an officer or employee of the Fed11 eral government, to the Attorney General. 

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

13 (3), if the violation is not corrected within 30 days 

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

15 within 10 days after receipt of the notice if the viola16 tion occurred within 120 days before the date of an 

17 election for Federal office, the aggrieved person 

18 may, in a civil action, obtain declaratory or injunc19 tive relief with respect to the violation. 

20 (3) EXCEPTIONS.—Notwithstanding paragraphs 

21 (1) and (2), a civil action to obtain declaratory or 

22 injunctive relief with respect to a violation of this 

23 Act may be immediately brought by an incarcerated 

24 individual— 

25 (A) who requested the opportunity to reg26 ister to vote in an election for Federal office 


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1 and did not receive a voter registration applica2 tion, or who submitted a voter registration ap3 plication that was not properly transmitted or 

4 processed, within 30 days of the State’s voter 

5 registration deadline; and 

6 (B) who is registered to vote in an election 

7 for Federal office and who— 

8 (i) is denied access to an absentee bal9 lot application; 

10 (ii) has their request for an absentee 

11 ballot improperly denied; 

12 (iii) is not supplied with an absentee 

13 ballot after properly requesting one; 

14 (iv) does not have their voted ballot 

15 properly transmitted to the appropriate 

16 election official; or 

17 (v) is otherwise denied the right to re18 ceive or cast an absentee ballot. 

19 SEC. 5. DEFINITIONS. 

20 For purposes of this Act: 

21 (1) CARCERAL SETTING.—The term ‘‘carceral 

22 setting’’ means any prison, penitentiary, jail, or 

23 other institution or facility that confines individuals 

24 charged with or convicted of criminal offenses, 

25 whether publicly or privately operated, except that 


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1 such term does not include any residential commu2 nity treatment center (or similar public or private 

3 facility). 

4 (2) CHIEF STATE ELECTION OFFICIAL.—The 

5 term ‘‘chief State election official’’ means the indi6 vidual designated by a State under section 10 of the 

7 National Voter Registration Act of 1003 (52 U.S.C. 

8 20509) to be responsible for the coordination of 

9 State responsibilities under such Act. 

10 (3) ELECTION.—The term ‘‘election’’ means— 

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

12 election; 

13 (B) a convention or caucus of a political 

14 party held to nominate a candidate; 

15 (C) a primary election held for the selec16 tion of delegates to a national nominating con17 vention of a political party; or 

18 (D) a primary election held for the expres19 sion of a preference for the nomination of per20 sons for election to the office of President. 

21 (4) FEDERAL OFFICE.—The term ‘‘Federal of22 fice’’ means the office of President or Vice President 

23 of the United States, or of Senator or Representa24 tive in, or Delegate or Resident Commissioner to, 

25 the Congress. 


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1 SEC. 6. RELATION TO OTHER LAWS. 

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

3 Nothing in this Act shall be construed to prohibit a State 

4 from enacting any law which affords the right to vote or 

5 the right to register to vote in any election for Federal, 

6 State, or local office on terms less restrictive than those 

7 established by this Act. 

8 (b) CERTAIN FEDERAL ACTS.—The rights and rem9 edies established by this Act are in addition to all other 

10 rights and remedies provided by law, and neither rights 

11 and remedies established by this Act shall supersede, re12 strict, or limit the application of the Voting Rights Act 

13 of 1965 (52 U.S.C. 10301 et seq.), the National Voter 

14 Registration Act of 1993 (52 U.S.C. 20501 et seq.), or 

15 the Help America Vote Act of 2002 (52 U.S.C. 20901 et 

16 seq.). 

17 SEC. 7. INTERPRETATIONS FAVORABLE TO THE PERSON 

18 SEEKING TO REGISTER OR VOTE. 

19 If a provision of this Act is susceptible to differing 

20 interpretations, it shall be construed in favor of the person 

21 seeking to register or vote. 

22 SEC. 8. SEVERABILITY. 

23 If any provision of this Act or the application of any 

24 provision thereof to any person or circumstance is judi25 cially determined to be invalid, the remainder of this Act 


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1 or the application of such provision to other persons or 

2 circumstances shall not be affected by such determination. 

Æ 


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