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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1068 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                S. 1068

   To secure the Federal voting rights of persons when released from 
                             incarceration.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 9, 2019

    Mr. Cardin (for himself, Ms. Harris, Mr. Booker, Mr. Leahy, Mr. 
  Blumenthal, Mr. Reed, Ms. Warren, Mr. Van Hollen, Mr. Sanders, Mrs. 
  Murray, Ms. Smith, Ms. Hirono, Ms. Klobuchar, Mrs. Gillibrand, Mr. 
 Durbin, Mr. Whitehouse, Mr. Markey, Mr. Coons, Mr. Casey, Mr. Brown, 
and Mr. Wyden) 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.

    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 ``Democracy Restoration Act of 2019''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The right to vote is the most basic constitutive act of 
        citizenship. Regaining the right to vote reintegrates 
        individuals with criminal convictions into free society, 
        helping to enhance public safety.
            (2) Article I, section 4, of the Constitution grants 
        Congress ultimate supervisory power over Federal elections, an 
        authority which has repeatedly been upheld by the United States 
        Supreme Court.
            (3) Basic constitutional principles of fairness and equal 
        protection require an equal opportunity for citizens of the 
        United States to vote in Federal elections. The right to vote 
        may not be abridged or denied by the United States or by any 
        State on account of race, color, gender, or previous condition 
        of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th 
        Amendments to the Constitution empower Congress to enact 
        measures to protect the right to vote in Federal elections. The 
        8th Amendment to the Constitution provides for no excessive 
        bail to be required, nor excessive fines imposed, nor cruel and 
        unusual punishments inflicted.
            (4) There are 3 areas in which discrepancies in State laws 
        regarding criminal convictions lead to unfairness in Federal 
        elections--
                    (A) the lack of a uniform standard for voting in 
                Federal elections leads to an unfair disparity and 
                unequal participation in Federal elections based solely 
                on where a person lives;
                    (B) laws governing the restoration of voting rights 
                after a criminal conviction vary throughout the country 
                and persons in some States can easily regain their 
                voting rights while in other States persons effectively 
                lose their right to vote permanently; and
                    (C) State disenfranchisement laws 
                disproportionately impact racial and ethnic minorities.
            (5) State disenfranchisement laws vary widely. Two States 
        do not disenfranchise individuals with criminal convictions at 
        all. In 34 States, individuals with convictions may not vote 
        while they are on parole and 30 of those States disenfranchise 
        individuals on felony probation as well. In 12 States, a 
        conviction can result in lifetime disenfranchisement.
            (6) Several States deny the right to vote to individuals 
        convicted of certain misdemeanors.
            (7) In 2016, an estimated 6,100,000 citizens of the United 
        States, or about 1 in 40 adults in the United States, could not 
        vote as a result of a felony conviction. Of the 6,100,000 
        citizens barred from voting then, only 22 percent were in 
        prison. By contrast, 77 percent of persons disenfranchised then 
        resided in their communities while on probation or parole or 
        after having completed their sentences. Approximately 3,100,000 
        citizens who had completed their sentences were disenfranchised 
        due to restrictive State laws. As of November 2018, the 
        lifetime ban for persons with certain felony convictions was 
        eliminated through a Florida ballot initiative. As a result, as 
        many as 1,400,000 people are now eligible to have their voting 
        rights restored. In 6 States--Alabama, Florida, Kentucky, 
        Mississippi, Tennessee, and Virginia--more than 7 percent of 
        the total population is disenfranchised.
            (8) In those States that disenfranchise individuals post-
        sentence, the right to vote can be regained in theory, but in 
        practice this possibility is often granted in a non-uniform and 
        potentially discriminatory manner. Disenfranchised individuals 
        sometimes must either obtain a pardon or an order from the 
        Governor or an action by the parole or pardon board, depending 
        on the offense and State. Individuals convicted of a Federal 
        offense often have additional barriers to regaining voting 
        rights.
            (9) State disenfranchisement laws disproportionately impact 
        racial and ethnic minorities. As of 2016, more than 7 percent 
        of the voting-age African-American population, or 2,200,000 
        African-Americans, were disenfranchised. One out of every 13 
        African-Americans were unable to vote because of felony 
        disenfranchisement, which is a rate more than 4 times greater 
        than non-African-Americans. 7.4 percent of African-Americans 
        were disenfranchised whereas 1.8 percent of non-African-
        Americans were. In 2016, in 4 States--Florida (23 percent), 
        Kentucky (22 percent), Tennessee (21 percent), and Virginia (20 
        percent)--more than 1 in 5 African-Americans were unable to 
        vote because of prior convictions.
            (10) Latino citizens are also disproportionately 
        disenfranchised based upon their disproportionate 
        representation in the criminal justice system. If current 
        incarceration trends hold, the lifetime likelihood of 
        incarceration for males born in 2001 is 17 percent for Latinos, 
        in contrast to less than 6 percent for non-Latino White men. 
        When analyzing the data across 10 States, Latinos generally 
        have disproportionately higher rates of disenfranchisement 
        compared to their presence in the voting age population. In 6 
        out of 10 States studied in 2003, Latinos constituted more than 
        10 percent of the total number of persons disenfranchised by 
        State felony laws. In 4 States (California, 37 percent; New 
        York, 34 percent; Texas, 30 percent; and Arizona, 27 percent), 
        Latinos were disenfranchised by a rate of more than 25 percent.
            (11) Disenfranchising citizens who have been convicted of a 
        criminal offense and who are living and working in the 
        community serves no compelling State interest and hinders their 
        rehabilitation and reintegration into society.
            (12) State disenfranchisement laws can suppress electoral 
        participation among eligible voters by discouraging voting 
        among family and community members of disenfranchised persons. 
        Future electoral participation by the children of 
        disenfranchised parents may be impacted as well.
            (13) The United States is the only Western democracy that 
        permits the permanent denial of voting rights for individuals 
        with felony convictions.

SEC. 3. RIGHTS OF CITIZENS.

    The right of an individual who is a citizen of the United States to 
vote in any election for Federal office shall not be denied or abridged 
because that individual has been convicted of a criminal offense unless 
such individual is serving a felony sentence in a correctional 
institution or facility at the time of the election.

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 election official of the State involved.
            (2) Relief.--Except as provided in paragraph (3), if the 
        violation is not corrected within 90 days after receipt of a 
        notice under paragraph (1), or within 20 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) Exception.--If the violation occurred within 30 days 
        before the date of an election for Federal office, the 
        aggrieved person need not provide notice to the chief election 
        official of the State under paragraph (1) before bringing a 
        civil action to obtain declaratory or injunctive relief with 
        respect to the violation.

SEC. 5. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

    (a) State Notification.--
            (1) Notification.--On the date determined under paragraph 
        (2), each State shall notify in writing any individual who has 
        been convicted of a criminal offense under the law of that 
        State that such individual has the right to vote in an election 
        for Federal office pursuant to the Democracy Restoration Act of 
        2019 and may register to vote in any such election and provide 
        such individuals with any materials that are necessary to 
        register to vote in any such election.
            (2) Date of notification.--
                    (A) Felony conviction.--In the case of such an 
                individual who has been convicted of a felony, the 
                notification required under paragraph (1) shall be 
                given on the date on which the individual--
                            (i) is sentenced to serve only a term of 
                        probation; or
                            (ii) is released from the custody of that 
                        State (other than to the custody of another 
                        State or the Federal Government to serve a term 
                        of imprisonment for a felony conviction).
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required under paragraph (1) shall be 
                given on the date on which such individual is sentenced 
                by a State court.
    (b) Federal Notification.--
            (1) Notification.--Any individual who has been convicted of 
        a criminal offense under Federal law shall be notified in 
        accordance with paragraph (2) that such individual has the 
        right to vote in an election for Federal office pursuant to the 
        Democracy Restoration Act of 2019 and may register to vote in 
        any such election.
            (2) Date of notification.--
                    (A) Felony conviction.--In the case of such an 
                individual who has been convicted of a felony, the 
                notification required under paragraph (1) shall be 
                given--
                            (i) in the case of an individual who is 
                        sentenced to serve only a term of probation, by 
                        the Assistant Director for the Office of 
                        Probation and Pretrial Services of the 
                        Administrative Office of the United States 
                        Courts on the date on which the individual is 
                        sentenced; or
                            (ii) in the case of any individual 
                        committed to the custody of the Bureau of 
                        Prisons, by the Director of the Bureau of 
                        Prisons, during the period beginning on the 
                        date that is 6 months before such individual is 
                        released and ending on the date such individual 
                        is released from the custody of the Bureau of 
                        Prisons.
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required under paragraph (1) shall be 
                given on the date on which such individual is sentenced 
                by a court established by an Act of Congress.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Correctional institution or facility.--The term 
        ``correctional institution or facility'' means any prison, 
        penitentiary, jail, or other institution or facility for the 
        confinement of individuals 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) 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.
            (3) 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 of the United States.
            (4) Probation.--The term ``probation'' means probation, 
        imposed by a Federal, State, or local court, with or without a 
        condition on the individual involved concerning--
                    (A) the individual's freedom of movement;
                    (B) the payment of damages by the individual;
                    (C) periodic reporting by the individual to an 
                officer of the court; or
                    (D) supervision of the individual by an officer of 
                the court.

SEC. 7. RELATION TO OTHER LAWS.

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

SEC. 8. FEDERAL PRISON FUNDS.

    No State, unit of local government, or other person may receive or 
use, to construct or otherwise improve a prison, jail, or other place 
of incarceration, any Federal funds unless that State, unit of local 
government, or person--
            (1) is in compliance with section 3; and
            (2) has in effect a program under which each individual 
        incarcerated in that person's jurisdiction who is a citizen of 
        the United States is notified, upon release from such 
        incarceration, of that individual's rights under section 3.

SEC. 9. EFFECTIVE DATE.

    This Act shall apply to citizens of the United States voting in any 
election for Federal office held on or after the date of the enactment 
of this Act.
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