Democracy Restoration Act of 2023

Subjects: Government Operations and Politics


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1677 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1677

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2023

   Mr. Cardin (for himself, Mr. Schatz, Mr. Padilla, Mr. Casey, Mrs. 
Feinstein, Ms. Warren, Mr. Markey, Mr. Menendez, Ms. Smith, Mr. Welch, 
 Ms. Baldwin, Mr. Booker, Mr. Blumenthal, Ms. Klobuchar, Mr. Sanders, 
 Mrs. Murray, Mr. Wyden, Mr. Van Hollen, Ms. Hirono, Mrs. Shaheen, Mr. 
Kaine, Mr. Brown, and Mr. Durbin) 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 2023''.

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 
        (Maine and Vermont) and the Commonwealth of Puerto Rico do not 
        disenfranchise individuals with criminal convictions at all. In 
        2020, the District of Columbia re-enfranchised its citizens who 
        are under the supervision of the Federal Bureau of Prisons. 
        Twenty-five States disenfranchise certain individuals on felony 
        probation or parole. During 2023, lawmakers in Minnesota and 
        New Mexico expanded voting rights to citizens on felony 
        probation and parole. In 11 States, a conviction for certain 
        offenses can result in lifetime disenfranchisement.
            (6) Several States deny the right to vote to individuals 
        convicted of certain misdemeanors.
            (7) In 2022, over 4,600,000 citizens of the United States, 
        or about 1 in 50 adults in the United States, could not vote as 
        a result of a felony conviction. Of the 4,600,000 citizens 
        barred from voting then, only 23 percent were in prison or 
        jail. By contrast, 75 percent of persons disenfranchised then 
        resided in their communities while on probation or parole or 
        after having completed their sentences. Approximately 2,200,000 
        citizens who had completed their sentences were disenfranchised 
        due to restrictive State laws. Over 930,000 Floridians who 
        completed their sentence remain disenfranchised because of a 
        pay-to-vote requirement that was enacted by Florida lawmakers 
        in 2019 to undermine the impact of a 2018 ballot initiative 
        that eliminated the lifetime ban for persons with certain 
        felony convictions. In 3 States--Alabama, Mississippi, and 
        Tennessee--more than 8 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. Financial restrictions may also 
        inhibit individuals who have completed their sentences from re-
        enfranchisement. Individuals convicted of a Federal offense 
        often have additional barriers to regaining voting rights.
            (9) Many felony disenfranchisement laws today derive 
        directly from post-Civil War efforts to stifle the Fourteenth 
        and Fifteenth Amendments. Between 1865 and 1880, at least 14 
        States--Alabama, Arkansas, Colorado, Florida, Georgia, 
        Illinois, Mississippi, Missouri, Nebraska, New York, North 
        Carolina, South Carolina, Tennessee, and Texas--enacted or 
        expanded their felony disenfranchisement laws. One of the 
        primary goals of these laws was to prevent African Americans 
        from voting. Of the States that enacted or expanded their 
        felony disenfranchisement laws during this post-Civil War 
        period, at least 11 continue to preclude persons on felony 
        probation or parole from voting.
            (10) State disenfranchisement laws disproportionately 
        impact racial and ethnic minorities. In recent years, African 
        Americans have been imprisoned at over 5 times the rate of 
        Whites. More than 6 percent of the voting-age African-American 
        population, or 1,800,000 African Americans, are disenfranchised 
        due to a felony conviction. In 9 States--Alabama (16 percent), 
        Arizona (13 percent), Florida (15 percent), Kentucky (15 
        percent), Mississippi (16 percent), South Dakota (14 percent), 
        Tennessee (21 percent), Virginia (16 percent), and Wyoming (36 
        percent)--more than 1 in 8 African Americans are unable to vote 
        because of a felony conviction, twice the national average for 
        African Americans.
            (11) Latino citizens are also disproportionately 
        disenfranchised based upon their disproportionate 
        representation in the criminal justice system. Although data on 
        ethnicity in correctional populations are unevenly reported and 
        undercounted in some States, a conservative estimate is that at 
        least 506,000 Latino Americans or 1.7 percent of the voting-age 
        population are disenfranchised. More than 2 percent of the 
        voting-age Latino population, or 560,000 Latinos, are 
        disenfranchised due to a felony conviction. In 31 States 
        Latinos are disenfranchised at a higher rate than the general 
        population. In Arizona and Tennessee over 6 percent of Latino 
        voters are disenfranchised due to a felony conviction.
            (12) Women have been significantly impacted by mass 
        incarceration since the early 1980s. Approximately 1,000,000 
        women were disenfranchised in 2022, comprising over 20 percent 
        of the total disenfranchised population.
            (13) 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. Models of 
        successful re-entry for persons convicted of a crime emphasize 
        the importance of community ties, feeling vested and 
        integrated, and prosocial attitudes. Individuals with criminal 
        convictions who succeed in avoiding recidivism are typically 
        more likely to see themselves as law-abiding members of the 
        community. Restoration of voting rights builds those qualities 
        and facilitates reintegration into the community. That is why 
        allowing citizens with criminal convictions who are living in a 
        community to vote is correlated with a lower likelihood of 
        recidivism. Restoration of voting rights thus reduces violence 
        and protects public safety.
            (14) 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.
            (15) The United States is one of the only Western 
        democracies that permits the permanent denial of voting rights 
        for individuals with felony convictions.
            (16) The Eighth Amendment's prohibition on cruel and 
        unusual punishments ``guarantees individuals the right not to 
        be subjected to excessive sanctions.'' (Roper v. Simmons, 543 
        U.S. 551, 560 (2005)). That right stems from the basic precept 
        of justice ``that punishment for crime should be graduated and 
        proportioned to [the] offense.'' Id. (quoting Weems v. United 
        States, 217 U.S. 349, 367 (1910)). As the Supreme Court has 
        long recognized, ``[t]he concept of proportionality is central 
        to the Eighth Amendment.'' (Graham v. Florida, 560 U.S. 48, 59 
        (2010)). Many State disenfranchisement laws are grossly 
        disproportional to the offenses that lead to disenfranchisement 
        and thus violate the bar on cruel and unusual punishments. For 
        example, a number of States mandate lifetime disenfranchisement 
        for a single felony conviction or just two felony convictions, 
        even where the convictions were for non-violent offenses. In 
        numerous other States, disenfranchisement can last years or 
        even decades while individuals remain on probation or parole, 
        often only because a person cannot pay their legal financial 
        obligations. These kinds of extreme voting bans run afoul of 
        the Eighth Amendment.
            (17) The Twenty-Fourth Amendment provides that the right to 
        vote ``shall not be denied or abridged by the United States or 
        any State by reason of failure to pay any poll tax or other 
        tax.'' Section 2 of the Twenty-Fourth Amendment gives Congress 
        the power to enforce this article by appropriate legislation. 
        Court fines and fees that individuals must pay to have their 
        voting rights restored constitute an ``other tax'' for purposes 
        of the Twenty-Fourth Amendment. At least five States explicitly 
        require the payment of fines and fees before individuals with 
        felony convictions can have their voting rights restored. More 
        than 20 other States effectively tie the right to vote to the 
        payment of fines and fees, by requiring that individuals 
        complete their probation or parole before their rights are 
        restored. In these States, the non-payment of fines and fees is 
        a basis on which probation or parole can be extended. Moreover, 
        these States sometimes do not record the basis on which an 
        individual's probation or parole was extended, making it 
        impossible to determine from the State's records whether non-
        payment of fines and fees is the reason that an individual 
        remains on probation or parole. For these reasons, the only way 
        to ensure that States do not deny the right to vote based 
        solely on non-payment of fines and fees is to prevent States 
        from conditioning voting rights on the completion of probation 
        or parole.

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 
        2023 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 2023 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 any State 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.
                                 &lt;all&gt;
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