I 

116TH CONGRESS 

2D SESSION H. R. 8101 

To prohibit States from denying or abridging the right to vote in elections 

for Federal office of individuals on the grounds of conviction of a criminal 

offense, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 25, 2020 

Mrs. DEMINGS introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To prohibit States from denying or abridging the right to 

vote in elections for Federal office of individuals on the 

grounds 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 ‘‘Every American Has 

5 the Right To Vote Act’’. 


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1 SEC. 2. RIGHT TO VOTE OF INDIVIDUALS CONVICTED OF 

2 CRIMINAL OFFENSE. 

3 (a) RIGHT TO VOTE.—A State may not deny or 

4 abridge the right of an individual who is a citizen of the 

5 United States to vote in any election for Federal office 

6 on the grounds that the individual has been convicted of 

7 a criminal offense, and shall make such accommodations 

8 as the State considers necessary to enable an individual 

9 who has been convicted of a criminal offense to cast a bal10 lot in such an election, including permitting the individual 

11 to vote by mail if the individual is unable to cast a ballot 

12 in person at a polling place. 

13 (b) GUARANTEE OF RESIDENCY OF INCARCERATED

14 INDIVIDUALS FOR PURPOSES OF VOTING.—For the pur15 poses of voting in any election for Federal office, an indi16 vidual who is absent from a State or jurisdiction because 

17 the individual is incarcerated shall not, solely by reason 

18 of that absence— 

19 (1) be deemed to have lost a residence or domi20 cile in that State or jurisdiction; 

21 (2) be deemed to have acquired a residence or 

22 domicile in any other State or jurisdiction; or 

23 (3) be deemed to have become a resident in or 

24 a resident of any other State or jurisdiction. 


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1 SEC. 3. NOTIFICATION OF RETENTION OF VOTING RIGHTS. 

2 (a) STATE NOTIFICATION.—At the time an individual 

3 is convicted of a criminal offense under the law of a State, 

4 the State shall notify the individual in writing that the 

5 individual’s conviction of the offense does not affect the 

6 individual’s right to vote in an election for Federal office 

7 and that the individual may register to vote in an election 

8 for Federal office if the individual is otherwise eligible to 

9 vote in the election. 

10 (b) FEDERAL NOTIFICATION.—At the time an indi11 vidual is convicted of a criminal offense under Federal law, 

12 the court in which the individual is convicted shall notify 

13 the individual in writing that the individual’s conviction 

14 of the offense does not affect the individual’s right to vote 

15 in an election for Federal office and that the individual 

16 may register to vote in an election for Federal office if 

17 the individual is otherwise eligible to vote in the election. 

18 SEC. 4. ENFORCEMENT. 

19 (a) DECLARATORY AND INJUNCTIVE RELIEF.—The 

20 Attorney General may bring a civil action against any 

21 State or jurisdiction in an appropriate United States Dis22 trict Court for such declaratory and injunctive relief (in23 cluding a temporary restraining order, a permanent or 

24 temporary injunction, or other order) as may be necessary 

25 to enforce this Act. 

26 (b) PRIVATE RIGHT OF ACTION.— 


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

2 by a violation of this Act may provide written notice 

3 of the violation to the chief State election official of 

4 the State involved. 

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

6 (3), if the violation is not corrected within 20 days 

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

8 within 5 days after receipt of the notice if the viola9 tion occurred within 120 days before the date of an 

10 election for Federal office, the aggrieved person 

11 may, in a civil action, obtain declaratory or injunc12 tive relief with respect to the violation. 

13 (3) EXCEPTION.—If the violation occurred 

14 within 30 days before the date of an election for 

15 Federal office, the aggrieved person need not provide 

16 notice to the chief election official of the State under 

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

18 declaratory or injunctive relief with respect to the 

19 violation. 

20 SEC. 5. DEFINITIONS. 

21 In this Act, the following definitions apply: 

22 (1) The term ‘‘chief State election official’’ 

23 means, with respect to a State, the individual des24 ignated by the State under section 10 of the Na25 tional Voter Registration Act of 1993 (52 U.S.C. 


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1 20509) to be responsible for coordination of the 

2 State’s responsibilities under such Act. 

3 (2) The terms ‘‘election’’ and ‘‘Federal office’’ 

4 have meaning given such terms in section 301 of the 

5 Federal Election Campaign Act of 1971 (52 U.S.C. 

6 30101 et seq.). 

7 (3) The term ‘‘State’’ means each State, the 

8 District of Columbia, the Commonwealth of Puerto 

9 Rico, Guam, American Samoa, the United States 

10 Virgin Islands, and the Commonwealth of the North11 ern Mariana Islands. 

12 SEC. 6. EFFECTIVE DATE. 

13 This Act shall apply with respect to elections for Fed14 eral office held on or after the date of the enactment of 

15 this Act. 

Æ 


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