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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3423 Introduced in Senate (IS)]

<DOC>

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.

    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 ``Inclusive Democracy Act of 2023''.

SEC. 2. PROTECTING THE FUNDAMENTAL RIGHT TO VOTE.

    (a) Protection of Right.--The right of citizens of the United 
States to vote in an election for Federal office shall not be denied or 
abridged by the United States or by any State on account of conviction 
of a criminal offense.
    (b) Application.--Subsection (a) applies with respect to 
convictions occurring before, on, or after the date of the enactment of 
this Act.

SEC. 3. ACCESS TO THE BALLOT.

    (a) Notification of Voting Rights.--
            (1) State notification.--At the time an individual is 
        convicted of a criminal offense under the law of a State, the 
        State shall notify the individual in writing that the 
        individual's conviction of the offense does not affect the 
        individual's right to vote in an election for Federal office 
        and that the individual may register or remain registered to 
        vote in an election for Federal office if the individual is 
        otherwise eligible to vote in the election, notwithstanding the 
        individual's conviction.
            (2) Federal notification.--At the time an individual is 
        convicted of a criminal offense under Federal law, the court in 
        which the individual is convicted shall notify the individual 
        in writing that the individual's conviction of the offense does 
        not affect the individual's right to vote in an election for 
        Federal office and that the individual may register or remain 
        registered to vote in an election for Federal office if the 
        individual is otherwise eligible to vote in the election, 
        notwithstanding the individual's conviction.
            (3) Persons on probation and parole.--Not later than 90 
        days after the date of the enactment of this Act, the head of 
        each Federal, State, and local probation or parole office shall 
        provide each individual on probation or parole under the 
        jurisdiction of that office with written notification about any 
        changes made by this Act to voter eligibility requirements in 
        the applicable State.
            (4) Persons in carceral settings.--Not later than 90 days 
        after the date of the enactment of this Act, the head of each 
        Federal, State, and local carceral setting shall provide each 
        individual incarcerated in their carceral setting with written 
        notification that the individual's criminal conviction does not 
        affect the individual's right to vote in an election for 
        Federal office and that the individual may register or remain 
        registered to vote in an election for Federal office if the 
        individual is otherwise eligible to vote in the election, 
        notwithstanding the individual's conviction.
            (5) Public notice.--
                    (A) Role of the election assistance commission.--
                Not later than 180 days after the date of the enactment 
                of this Act, the Election Assistance Commission shall 
                conduct a national public service announcement 
                campaign, using newspapers, radio stations, social 
                media platforms, and network television, to inform the 
                public about the changes in voter eligibility pursuant 
                to this Act.
                    (B) Role of the department of justice.--Not later 
                than 60 days after the date of the enactment of this 
                Act, the Attorney General shall publish updated 
                information on voting rights for individuals with 
                criminal records and guidance on developing voting 
                practices for such individuals. Such information shall 
                be--
                            (i) made publicly available on the 
                        Department of Justice's website;
                            (ii) made publicly available on the 
                        Election Assistance Commission's website; and
                            (iii) provided to the Federal Bureau of 
                        Prisons, the Office of U.S. Probation and 
                        Pretrial Services, and the chief State election 
                        official and the head of the department of 
                        corrections in each State.
    (b) Registration.--
            (1) Access to registration.--The head of each carceral 
        setting shall offer an individual who is incarcerated at the 
        carceral setting the opportunity to register to vote in an 
        election for Federal office by providing the individual with 
        the mail voter registration application form described in 
        section 9(a)(2) of the National Voter Registration Act of 1993 
        (52 U.S.C. 20508(a)(2)) at the time of the individual's 
        incarceration at the carceral setting and upon the individual's 
        request.
            (2) Transmission of voter registration applications by 
        carceral setting.--
                    (A) In general.--Not later than 10 days after an 
                individual who is incarcerated in a carceral setting 
                provides an employee of the carceral setting with the 
                individual's completed voter registration application 
                form, the head of the carceral setting shall mail or 
                otherwise transmit the form to the chief State election 
                official of the State in which the individual has 
                applied to register to vote.
                    (B) Expedited transmission within 5 days of 
                election.--If an individual provides an employee of the 
                carceral setting with a completed voter registration 
                application form 5 days before the deadline for 
                registering to vote in an election for Federal office 
                for which the individual seeks to register, the head of 
                the carceral setting shall--
                            (i) transmit to the chief State election 
                        official of the State in which the individual 
                        seeks to register to vote the individual's 
                        application form electronically on the day on 
                        which the head of the carceral setting receives 
                        the form from the individual; or
                            (ii) shall ensure that the form is mailed 
                        to the chief State election official of the 
                        State in which the individual seeks to register 
                        to vote and is postmarked within 2 days of 
                        receiving the form from the individual.
            (3) Acceptance of forms by election officials.--
                    (A) Deadline for acceptance.--A State may not 
                refuse to accept or process a voter registration 
                application form submitted on behalf of an individual 
                under this subsection with respect to an election for 
                Federal office in the State on the grounds that the 
                individual did not meet a deadline for returning the 
                form to the appropriate State or local election 
                official if the form is postmarked or otherwise 
                indicated by the United States Postal Service to have 
                been mailed within 2 days of the deadline for receipt 
                of the form under State law.
                    (B) Requiring acceptance in electronic form.--A 
                State may not refuse to accept or process a voter 
                registration application form submitted on behalf of an 
                individual under this subsection with respect to an 
                election for Federal office in the State on the grounds 
                that the individual submitted the form electronically, 
                including by fax or email, or that the individual 
                submitted the form by mail.
            (4) Address for purposes of voter registration.--
                    (A) Choice of address.--An incarcerated individual 
                may register to vote in an election for Federal office 
                in accordance with this section by using either the 
                individual's last known address or the address of the 
                carceral setting.
                    (B) Providing same ability to change address 
                between elections as registrants not incarcerated.--To 
                the extent that a State permits an individual who is 
                not incarcerated to use a different address to register 
                to vote in elections for the same Federal office, 
                including primary, general, and runoff elections for 
                that office, the State shall permit an incarcerated 
                individual to use either the individual's last known 
                address or the address of the carceral setting to 
                register to vote in elections for the same Federal 
                office.
            (5) Exception.--Nothing in this section shall be construed 
        as requiring an incarcerated individual to register to vote if 
        the individual's address under paragraph (4)(A) is located in a 
        jurisdiction that does not require voter registration as a 
        prerequisite to voting in an election for Federal office.
    (c) Absentee Voting.--
            (1) In general.--An individual who is incarcerated in a 
        carceral setting and who is registered to vote in an election 
        for Federal office shall have the right to vote in the election 
        by mail by absentee ballot.
            (2) Absentee ballot applications.--
                    (A) Provision of applications.--If an individual 
                who is incarcerated in a carceral setting is registered 
                to vote in an election for Federal office, the head of 
                the carceral setting shall provide the individual with 
                an application to vote by absentee ballot in the 
                election upon request.
                    (B) Transmission of applications.--Not later than 2 
                days after an incarcerated individual provides an 
                employee of the carceral setting with a completed 
                application to vote by absentee ballot, the head of the 
                carceral setting shall mail or otherwise transmit the 
                application to the chief State election official of the 
                State in which the individual is registered to vote in 
                the election.
                    (C) Acceptance of applications.--
                            (i) Deadline.--A State may not refuse to 
                        accept or process an application to vote by 
                        absentee ballot submitted on behalf of an 
                        individual under this subsection with respect 
                        to an election for Federal office in the State 
                        on the grounds that the individual did not meet 
                        a deadline for returning the application to the 
                        appropriate State or local election official if 
                        the form is postmarked or otherwise indicated 
                        by the United States Postal Service to have 
                        been mailed within 2 days of the deadline for 
                        the receipt of the application under State law.
                            (ii) Requiring acceptance in electronic 
                        form.--A State may not refuse to accept or 
                        process an application to vote by absentee 
                        ballot submitted on behalf of an individual 
                        under this subsection with respect to an 
                        election for Federal office in the State on the 
                        grounds that the individual submitted the 
                        application electronically, including by fax or 
                        email, or that the individual submitted the 
                        application by mail.
                    (D) Requirements for states transmitting 
                applications without request from registrant.--A State 
                which transmits applications to vote by absentee ballot 
                in an election for Federal office to each individual 
                who is registered to vote in the election, without 
                regard to whether the individual requests the 
                application, shall ensure that applications are 
                transmitted to individuals who are incarcerated in a 
                carceral setting and who are registered to vote in the 
                election in the same manner as applications are 
                transmitted to other individuals who are registered to 
                vote in the election.
            (3) Absentee ballots.--
                    (A) Provision of absentee ballots.--
                            (i) Election mail.--An absentee ballot that 
                        is mailed to an incarcerated individual under 
                        this subsection shall be treated and marked as 
                        election mail for purposes of title 39, United 
                        States Code.
                            (ii) Expedited processing.--The head of a 
                        carceral setting shall ensure that any election 
                        mail is made available to an incarcerated 
                        individual to whom it is addressed not later 
                        than 24 hours after such mail is received at 
                        the carceral setting.
                    (B) Provisional ballots.--
                            (i) Right to cast provisional absentee 
                        ballot.--If an incarcerated individual declares 
                        that such individual is a registered voter in 
                        the jurisdiction in which the individual 
                        desires to vote and that the individual is 
                        eligible to vote in an election for Federal 
                        office, but the name of the individual does not 
                        appear on the official list of eligible voters 
                        for the election or an election official 
                        asserts that the individual is not eligible to 
                        vote, such individual shall be permitted to 
                        cast a provisional absentee ballot in the 
                        election, notwithstanding the failure of the 
                        individual to request an absentee ballot prior 
                        to the deadline for submitting a request for 
                        the ballot under the law of the State in which 
                        the individual seeks to vote.
                            (ii) Process.--Section 302(a) of the Help 
                        America Vote Act of 2002 (52 U.S.C. 21082(a)) 
                        shall apply with respect to a provisional 
                        absentee ballot cast by an incarcerated 
                        individual under this subsection in the same 
                        manner as such section applies to a provisional 
                        ballot cast by a voter.
                    (C) Pre-paid postage.--Consistent with regulations 
                of the United States Postal Service, the State or the 
                unit of local government responsible for the 
                administration of the election for Federal office 
                involved shall prepay the postage on any envelope 
                provided to an incarcerated individual under this Act.
                    (D) Transmission of ballots.--The head of a 
                carceral setting shall mail or otherwise transmit a 
                ballot on behalf of an incarcerated individual under 
                this subsection to the appropriate election official on 
                the same day on which an incarcerated individual 
                submits the ballot to an employee of the carceral 
                setting, or, if the individual submits the ballot to an 
                employee of the carceral setting after business hours, 
                not later than 24 hours after the individual submits 
                the ballot to the employee.
                    (E) Acceptance of ballots.--A State may not refuse 
                to accept or process an absentee ballot submitted on 
                behalf of an individual under this subsection with 
                respect to an election for Federal office in the 
                State--
                            (i) on the grounds that the individual did 
                        not meet a deadline for returning the ballot to 
                        the appropriate State or local election 
                        official if the ballot is postmarked or 
                        otherwise indicated by the United States Postal 
                        Service to have been mailed on or before the 
                        date of the election; or
                            (ii) on the grounds that the individual did 
                        not include with the ballot a copy of a form of 
                        identification otherwise required under State 
                        law.
                    (F) Notice and opportunity to cure missing 
                signature or other defect.--If an incarcerated 
                individual submits a ballot under this subsection 
                without a signature or submits a ballot with another 
                defect (other than a defect consisting of the failure 
                of a ballot to meet the applicable deadline for the 
                acceptance of the ballot) which, if left uncured, would 
                cause the ballot to not be counted, the appropriate 
                State or local election official, prior to making a 
                final determination as to the validity of the ballot, 
                shall--
                            (i) make a good faith effort to immediately 
                        notify the individual by mail, telephone, and 
                        (if available) text message and electronic mail 
                        that--
                                    (I) the ballot did not include a 
                                signature or has some other defect, and
                                    (II) if the individual does not 
                                provide the missing signature or cure 
                                the other defect prior to the 
                                expiration of the 10-day period which 
                                begins on the date the official 
                                notifies the individual that the ballot 
                                did not include a signature or has some 
                                other defect, such ballot will not be 
                                counted; and
                            (ii) count the ballot if, prior to the 
                        expiration of the 10-day period described in 
                        clause (i)(II), the individual provides the 
                        official with the missing signature on a form 
                        proscribed by the State or cures the other 
                        defect.
                    (G) Requirements for states transmitting 
                applications without request from registrant.--A State 
                which transmits absentee ballots in an election for 
                Federal office to each individual who is registered to 
                vote in the election, without regard to whether the 
                individual requests the absentee ballot, shall ensure 
                that absentee ballots are transmitted to individuals 
                who are incarcerated in a carceral setting and who are 
                registered to vote in the election in the same manner 
                as absentee ballots are transmitted to other 
                individuals who are registered to vote in the election.
    (d) Access to Services and Information on Elections.--
            (1) Online services.--If a carceral setting provides the 
        individuals who are incarcerated in the carceral setting with 
        access to computers, tablets, or other electronic devices with 
        internet access, the carceral setting shall permit an 
        incarcerated individual who is eligible to vote in an election 
        for Federal office with access to the internet and such devices 
        free of charge for the purpose of researching candidates in the 
        election, political campaigns, and procedures for registration 
        and voting.
            (2) Distribution of information by candidates, campaigns, 
        and nonpartisan groups.--A carceral setting shall permit 
        candidates, political campaigns, and non-partisan groups that 
        register individuals to vote and distribute voter educational 
        materials and information on an election for Federal office and 
        voting, candidates, and political campaigns involved with the 
        election to distribute such materials inside the carceral 
        setting--
                    (A) in the case of a candidate, political campaign, 
                or nonpartisan group that distributes such materials 
                and information on elections for Federal office held in 
                the State in which the carceral setting is located, for 
                not fewer than 60 days before the date of any election 
                for Federal office held in the State; or
                    (B) in the case of a candidate, political campaign, 
                or nonpartisan group that distributes such materials 
                and information on elections for Federal office which 
                are not held in that State, at least once a year.
            (3) Posting of information in carceral setting.--The head 
        of a carceral setting shall ensure that information on 
        registering to vote in elections for Federal office, requesting 
        an absent ballot in such elections, and voting in elections for 
        Federal office is posted prominently in an area of the carceral 
        setting that is commonly accessible and visible to the 
        incarcerated individuals.
    (e) Access for Third Parties To Provide Voter Registration 
Services.--
            (1) Access required.--The head of a carceral setting shall 
        permit a nonpartisan entity that provides non-partisan voter 
        registration services to enter the carceral setting and provide 
        such services to individuals who are incarcerated in the 
        carceral setting.
            (2) Prohibiting restrictions on access of certain 
        individuals.--The head of a carceral setting may not place 
        restrictions on an individual's ability to enter a carceral 
        setting as a representative of a nonpartisan entity described 
        in paragraph (1) on the grounds that the individual was 
        formerly incarcerated or that the individual is on the visitors 
        list of an individual who is currently incarcerated.
    (f) Guidance on Prosecution.--No incarcerated individual who is 
registered to vote in an election for Federal office and who is 
provided a ballot that includes an election for a non-Federal office, 
ballot initiative, or referendum for which the individual is not 
registered to vote may be prosecuted under any law on the grounds that 
the individual voted in that election for a non-Federal office, ballot 
initiative, or referendum.
    (g) Effective Date.--This section shall apply with respect to the 
regularly scheduled general elections for Federal office in November 
2024 and each succeeding election for Federal office.

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 State election official of the State involved, or, if the 
        violation is alleged to be committed by an officer or employee 
        of the Federal government, to the Attorney General.
            (2) Relief.--Except as provided in paragraph (3), if the 
        violation is not corrected within 30 days after receipt of a 
        notice under paragraph (1), or within 10 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) Exceptions.--Notwithstanding paragraphs (1) and (2), a 
        civil action to obtain declaratory or injunctive relief with 
        respect to a violation of this Act may be immediately brought 
        by an incarcerated individual--
                    (A) who requested the opportunity to register to 
                vote in an election for Federal office and did not 
                receive a voter registration application, or who 
                submitted a voter registration application that was not 
                properly transmitted or processed, within 30 days of 
                the State's voter registration deadline; and
                    (B) who is registered to vote in an election for 
                Federal office and who--
                            (i) is denied access to an absentee ballot 
                        application;
                            (ii) has their request for an absentee 
                        ballot improperly denied;
                            (iii) is not supplied with an absentee 
                        ballot after properly requesting one;
                            (iv) does not have their voted ballot 
                        properly transmitted to the appropriate 
                        election official; or
                            (v) is otherwise denied the right to 
                        receive or cast an absentee ballot.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) Carceral setting.--The term ``carceral setting'' means 
        any prison, penitentiary, jail, or other institution or 
        facility that confines individuals charged with or 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) Chief state election official.--The term ``chief State 
        election official'' means the individual designated by a State 
        under section 10 of the National Voter Registration Act of 1003 
        (52 U.S.C. 20509) to be responsible for the coordination of 
        State responsibilities under such Act.
            (3) 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.
            (4) 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.

SEC. 6. RELATION TO OTHER LAWS.

    (a) State Laws Relating to Voting Rights.--Nothing in this Act 
shall be construed to prohibit a State from enacting any law which 
affords the right to vote or the right to register to vote in any 
election for Federal, State, or local 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 
of 1993 (52 U.S.C. 20501 et seq.), or the Help America Vote Act of 2002 
(52 U.S.C. 20901 et seq.).

SEC. 7. INTERPRETATIONS FAVORABLE TO THE PERSON SEEKING TO REGISTER OR 
              VOTE.

    If a provision of this Act is susceptible to differing 
interpretations, it shall be construed in favor of the person seeking 
to register or vote.

SEC. 8. SEVERABILITY.

    If any provision of this Act or the application of any provision 
thereof to any person or circumstance is judicially determined to be 
invalid, the remainder of this Act or the application of such provision 
to other persons or circumstances shall not be affected by such 
determination.
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