II 

114TH CONGRESS 

1ST SESSION S. 772 

To secure the Federal voting rights of persons when released from 

incarceration. 

IN THE SENATE OF THE UNITED STATES 

MARCH 18, 2015 

Mr. CARDIN (for himself, Mr. REID, Mr. LEAHY, Mr. DURBIN, Mr. WHITEHOUSE, Ms. MIKULSKI, Mr. SANDERS, Mr. BROWN, Mrs. GILLIBRAND, 

and Mr. BOOKER) 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. 

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 ‘‘Democracy Restoration 

5 Act of 2015’’. 

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. Regaining the right to vote 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 772 IS

1 reintegrates individuals with criminal convictions 

2 into free society, helping to enhance public safety. 

3 (2) Article I, section 4, of the Constitution 

4 grants Congress ultimate supervisory power over 

5 Federal elections, an authority which has repeatedly 

6 been upheld by the United States Supreme Court. 

7 (3) Basic constitutional principles of fairness 

8 and equal protection require an equal opportunity 

9 for citizens of the United States to vote in Federal 

10 elections. The right to vote may not be abridged or 

11 denied by the United States or by any State on ac12 count of race, color, gender, or previous condition of 

13 servitude. The 13th, 14th, 15th, 19th, 24th, and 

14 26th Amendments to the Constitution empower Con15 gress to enact measures to protect the right to vote 

16 in Federal elections. The 8th Amendment to the 

17 Constitution provides for no excessive bail to be re18 quired, nor excessive fines imposed, nor cruel and 

19 unusual punishments inflicted. 

20 (4) There are 3 areas where discrepancies in 

21 State laws regarding criminal convictions lead to un22 fairness in Federal elections— 

23 (A) the lack of a uniform standard for vot24 ing in Federal elections leads to an unfair disVerDate Sep 11 2014 06:12 Mar 21, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S772.IS S772

smartinez on DSK4TPTVN1PROD with BILLS
3 

•S 772 IS

1 parity and unequal participation in Federal 

2 elections based solely on where a person lives; 

3 (B) laws governing the restoration of vot4 ing rights after a criminal conviction vary 

5 throughout the country and persons in some 

6 States can easily regain their voting rights 

7 while in other States persons effectively lose 

8 their right to vote permanently; and 

9 (C) State disenfranchisement laws dis10 proportionately impact racial and ethnic minori11 ties. 

12 (5) Two States do not disenfranchise individ13 uals with criminal convictions at all (Maine and 

14 Vermont), but 48 States and the District of Colum15 bia have laws that deny convicted individuals the 

16 right to vote while they are in prison. 

17 (6) In some States disenfranchisement results 

18 from varying State laws that restrict voting while in19 dividuals are under the supervision of the criminal 

20 justice system or after they have completed a crimi21 nal sentence. In 35 States, convicted individuals may 

22 not vote while they are on parole and 31 of those 

23 States disenfranchise individuals on felony probation 

24 as well. In 11 States, a conviction can result in life25 time disenfranchisement. 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•S 772 IS

1 (7) Several States deny the right to vote to in2 dividuals convicted of certain misdemeanors. 

3 (8) An estimated 5,850,000 citizens of the 

4 United States, or about 1 in 40 adults in the United 

5 States, currently cannot vote as a result of a felony 

6 conviction. Of the 5,850,000 citizens barred from 

7 voting, only 25 percent are in prison. By contrast, 

8 75 percent of the disenfranchised reside in their 

9 communities while on probation or parole or after 

10 having completed their sentences. Approximately 

11 2,600,000 citizens who have completed their sen12 tences remain disenfranchised due to restrictive 

13 State laws. In 6 States—Alabama, Florida, Ken14 tucky, Mississippi, Tennessee, and Virginia—more 

15 than 7 percent of the total population is 

16 disenfranchised. 

17 (9) In those States that disenfranchise individ18 uals post-sentence, the right to vote can be regained 

19 in theory, but in practice this possibility is often 

20 granted in a non-uniform and potentially discrimina21 tory manner. Disenfranchised individuals must ei22 ther obtain a pardon or an order from the Governor 

23 or an action by the parole or pardon board, depend24 ing on the offense and State. Individuals convicted 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•S 772 IS

1 of a Federal offense often have additional barriers to 

2 regaining voting rights. 

3 (10) State disenfranchisement laws dispropor4 tionately impact racial and ethnic minorities. Eight 

5 percent of the African-American population, or 

6 2,000,000 African-Americans, are disenfranchised. 

7 Given current rates of incarceration, approximately 

8 1 in 3 of the next generation of African-American 

9 men will be disenfranchised at some point during 

10 their lifetime. Currently, 1 of every 13 African11 Americans are rendered unable to vote because of 

12 felony disenfranchisement, which is a rate 4 times 

13 greater than non African-Americans. 7.7 percent of 

14 African-Americans are disenfranchised whereas only 

15 1.8 percent of non African-Americans are. In 3 

16 States—Florida (23 percent), Kentucky (22 per17 cent), and Virginia (20 percent)—more than 1 in 5 

18 African-Americans are unable to vote because of 

19 prior convictions. 

20 (11) Latino citizens are disproportionately 

21 disenfranchised based upon their disproportionate 

22 representation in the criminal justice system. If cur23 rent incarceration trends hold, 17 percent of Latino 

24 men will be incarcerated during their lifetimes, in 

25 contrast to less than 6 percent of non-Latino White 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•S 772 IS

1 men. When analyzing the data across 10 States, 

2 Latinos generally have disproportionately higher 

3 rates of disenfranchisement compared to their pres4 ence in the voting age population. In 6 out of 10 

5 States studied in 2003, Latinos constitute more 

6 than 10 percent of the total number of persons 

7 disenfranchised by State felony laws. In 4 States 

8 (California, 37 percent; New York, 34 percent; 

9 Texas, 30 percent; and Arizona, 27 percent), 

10 Latinos were disenfranchised by a rate of more than 

11 25 percent. 

12 (12) Disenfranchising citizens who have been 

13 convicted of a criminal offense and who are living 

14 and working in the community serves no compelling 

15 State interest and hinders their rehabilitation and 

16 reintegration into society. 

17 (13) State disenfranchisement laws can sup18 press electoral participation among eligible voters by 

19 discouraging voting among family and community 

20 members of disenfranchised persons. Future elec21 toral participation by the children of disenfranchised 

22 parents may be impacted as well. 

23 (14) The United States is the only Western de24 mocracy that permits the permanent denial of voting 

25 rights for individuals with felony convictions. 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•S 772 IS

1 SEC. 3. RIGHTS OF CITIZENS. 

2 The right of an individual who is a citizen of the 

3 United States to vote in any election for Federal office 

4 shall not be denied or abridged because that individual has 

5 been convicted of a criminal offense unless such individual 

6 is serving a felony sentence in a correctional institution 

7 or facility at the time of the election. 

8 SEC. 4. ENFORCEMENT. 

9 (a) ATTORNEY GENERAL.—The Attorney General 

10 may, in a civil action, obtain such declaratory or injunctive 

11 relief as is necessary to remedy a violation of this Act. 

12 (b) PRIVATE RIGHT OF ACTION.— 

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

14 by a violation of this Act may provide written notice 

15 of the violation to the chief election official of the 

16 State involved. 

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

18 (3), if the violation is not corrected within 90 days 

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

20 within 20 days after receipt of the notice if the viola21 tion occurred within 120 days before the date of an 

22 election for Federal office, the aggrieved person 

23 may, in a civil action, obtain declaratory or injunc24 tive relief with respect to the violation. 

25 (3) EXCEPTION.—If the violation occurred 

26 within 30 days before the date of an election for 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•S 772 IS

1 Federal office, the aggrieved person need not provide 

2 notice to the chief election official of the State under 

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

4 declaratory or injunctive relief with respect to the 

5 violation. 

6 SEC. 5. NOTIFICATION OF RESTORATION OF VOTING 

7 RIGHTS. 

8 (a) STATE NOTIFICATION.— 

9 (1) NOTIFICATION.—On the date determined 

10 under paragraph (2), each State shall notify in writ11 ing any individual who has been convicted of a 

12 criminal offense under the law of that State that 

13 such individual has the right to vote in an election 

14 for Federal office pursuant to the Democracy Res15 toration Act of 2015 and may register to vote in any 

16 such election. 

17 (2) DATE OF NOTIFICATION.— 

18 (A) FELONY CONVICTION.—In the case of 

19 such an individual who has been convicted of a 

20 felony, the notification required under para21 graph (1) shall be given on the date on which 

22 the individual— 

23 (i) is sentenced to serve only a term 

24 of probation; or 


smartinez on DSK4TPTVN1PROD with BILLS
9 

•S 772 IS

1 (ii) is released from the custody of 

2 that State (other than to the custody of 

3 another State or the Federal Government 

4 to serve a term of imprisonment for a fel5 ony conviction). 

6 (B) MISDEMEANOR CONVICTION.—In the 

7 case of such an individual who has been con8 victed of a misdemeanor, the notification re9 quired under paragraph (1) shall be given on 

10 the date on which such individual is sentenced 

11 by a State court. 

12 (b) FEDERAL NOTIFICATION.— 

13 (1) NOTIFICATION.—Any individual who has 

14 been convicted of a criminal offense under Federal 

15 law shall be notified in accordance with paragraph 

16 (2) that such individual has the right to vote in an 

17 election for Federal office pursuant to the Democ18 racy Restoration Act of 2015 and may register to 

19 vote in any such election. 

20 (2) DATE OF NOTIFICATION.— 

21 (A) FELONY CONVICTION.—In the case of 

22 such an individual who has been convicted of a 

23 felony, the notification required under para24 graph (1) shall be given— 


smartinez on DSK4TPTVN1PROD with BILLS
10 

•S 772 IS

1 (i) in the case of an individual who is 

2 sentenced to serve only a term of proba3 tion, by the Assistant Director for the Of4 fice of Probation and Pretrial Services of 

5 the Administrative Office of the United 

6 States Courts on the date on which the in7 dividual is sentenced; or 

8 (ii) in the case of any individual com9 mitted to the custody of the Bureau of 

10 Prisons, by the Director of the Bureau of 

11 Prisons, during the period beginning on 

12 the date that is 6 months before such indi13 vidual is released and ending on the date 

14 such individual is released from the cus15 tody of the Bureau of Prisons. 

16 (B) MISDEMEANOR CONVICTION.—In the 

17 case of such an individual who has been con18 victed of a misdemeanor, the notification re19 quired under paragraph (1) shall be given on 

20 the date on which such individual is sentenced 

21 by a court established by an Act of Congress. 

22 SEC. 6. DEFINITIONS. 

23 For purposes of this Act: 

24 (1) CORRECTIONAL INSTITUTION OR FACIL25 ITY.—The term ‘‘correctional institution or facility’’ 


smartinez on DSK4TPTVN1PROD with BILLS
11 

•S 772 IS

1 means any prison, penitentiary, jail, or other institu2 tion or facility for the confinement of individuals 

3 convicted of criminal offenses, whether publicly or 

4 privately operated, except that such term does not 

5 include any residential community treatment center 

6 (or similar public or private facility). 

7 (2) ELECTION.—The term ‘‘election’’ means— 

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

9 election; 

10 (B) a convention or caucus of a political 

11 party held to nominate a candidate; 

12 (C) a primary election held for the selec13 tion of delegates to a national nominating con14 vention of a political party; or 

15 (D) a primary election held for the expres16 sion of a preference for the nomination of per17 sons for election to the office of President. 

18 (3) FEDERAL OFFICE.—The term ‘‘Federal of19 fice’’ means the office of President or Vice President 

20 of the United States, or of Senator or Representa21 tive in, or Delegate or Resident Commissioner to, 

22 the Congress of the United States. 

23 (4) PROBATION.—The term ‘‘probation’’ means 

24 probation, imposed by a Federal, State, or local 


smartinez on DSK4TPTVN1PROD with BILLS
12 

•S 772 IS

1 court, with or without a condition on the individual 

2 involved concerning— 

3 (A) the individual’s freedom of movement; 

4 (B) the payment of damages by the indi5 vidual; 

6 (C) periodic reporting by the individual to 

7 an officer of the court; or 

8 (D) supervision of the individual by an of9 ficer of the court. 

10 SEC. 7. RELATION TO OTHER LAWS. 

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

12 Nothing in this Act shall be construed to prohibit the 

13 States from enacting any State law which affords the right 

14 to vote in any election for Federal office on terms less 

15 restrictive than those established by this Act. 

16 (b) CERTAIN FEDERAL ACTS.—The rights and rem17 edies established by this Act are in addition to all other 

18 rights and remedies provided by law, and neither rights 

19 and remedies established by this Act shall supersede, re20 strict, or limit the application of the Voting Rights Act 

21 of 1965 (42 U.S.C. 1973 et seq.) or the National Voter 

22 Registration Act (42 U.S.C. 1973–gg). 

23 SEC. 8. FEDERAL PRISON FUNDS. 

24 No State, unit of local government, or other person 

25 may receive or use, to construct or otherwise improve a 


smartinez on DSK4TPTVN1PROD with BILLS
13 

•S 772 IS

1 prison, jail, or other place of incarceration, any Federal 

2 funds unless that person has in effect a program under 

3 which each individual incarcerated in that person’s juris4 diction who is a citizen of the United States is notified, 

5 upon release from such incarceration, of that individual’s 

6 rights under section 3. 

7 SEC. 9. EFFECTIVE DATE. 

8 This Act shall apply to citizens of the United States 

9 voting in any election for Federal office held after the date 

10 of the enactment of this Act. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS