I 

109TH CONGRESS 

1ST SESSION H. R. 2398 

To provide fairness in voter participation. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2005 

Mr. DAVIS of Illinois introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To provide fairness in voter participation. 

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 ‘‘Constitutional Protec5 tion of the Right to Vote Act’’. 

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. The right to vote should not 

10 be abridged by the United States or any State on 

11 account of race, color, gender, or previous condition 

12 of servitude. Fundamental fairness requires that all 
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1 members of society who have reached voting age, in2 cluding rehabilitated ex-felons, be given a right to 

3 the ballot in State and Federal elections. 

4 (2) The lack of a nationwide uniform standard 

5 regarding ex-felons and eligibility to vote has led to 

6 a crazy quilt of laws, where in some States ex-felons 

7 are barred from voting for life. Currently, it is esti8 mated that 3.9 million United States citizens are 

9 disenfranchised, including over one million who have 

10 completed their sentences. State disenfranchisement 

11 laws have had an adverse affect on African Ameri12 cans. Thirteen percent of African American men, or 

13 1.4 million, are currently disenfranchised because of 

14 such laws. 

15 (3) While State law determines the qualifica16 tions for voting, Congress must ensure that the citi17 zens’ right to the ballot is unabridged. Disenfran18 chisement laws are vestiges of medieval times when 

19 citizens who committed crimes suffered civil death 

20 and were banished from society. These laws serve no 

21 purpose in a free and democratic country toward the 

22 reintroduction of individuals back into society. After 

23 an individual has served a sentence of imprisonment 

24 and is no longer on probation or parole, that indi-
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1 vidual should be eligible to participate in Federal 

2 and State elections. 

3 SEC. 3. RIGHTS OF CITIZENS. 

4 The right of a citizen of the United States to vote 

5 shall not be denied or abridged because that citizen has 

6 been convicted of a criminal offense, unless such citizen 

7 is, at the time of the vote, serving a felony sentence in 

8 a correctional institution or facility or is otherwise under 

9 the supervision or actual or constructive custody of a gov10 ernmental authority pursuant to that conviction. 

11 SEC. 4. NOTICE TO PERSONS RELEASED. 

12 Not later than 90 days after the date of the enact13 ment of this Act, each correctional institution or facility 

14 shall establish and carry out a system of notice to ensure 

15 that persons being released from that institution or facility 

16 are informed of the right to vote protected by this Act. 

17 SEC. 5. DEFINITION. 

18 As used in this Act, the term ‘‘correctional institution 

19 or facility’’ means any prison, penitentiary, jail, or other 

20 institution or facility for the confinement of individuals 

21 convicted of criminal offenses. 

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