I
106TH CONGRESS
2D SESSION
H. R. 5158
To secure the Federal voting rights of a person upon the unconditional
release of that person from prison and the completion of sentence, includ-
ing parole.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 12, 2000
Ms. MILLENDER-MCDONALD introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
To secure the Federal voting rights of a person upon the
unconditional release of that person from prison and
the completion of sentence, including parole.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Second Chance Voting
Rights Act of 2000’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The right to vote is the most fundamental
act performed by citizens in our great representative
democracy.
(2) Citizen participation in local, State, and
Federal elections is the primary means to assure
representation of many constituent groups in the po-
litical process.
(3) More than 500,000 Americans who were
convicted of felony crimes have served their entire
sentence and stand free and clear of incarceration
and parole.
(4) It is the civic duty of every citizen of the
United States to vote in any election in order to
guarantee full and fair representation of all inter-
ests.
(5) Allowing ex-offenders to vote restores them
to their role as responsible citizens in this great
country whose greatness is strengthened by the civic
rehabilitation and participation of all nonvoting citi-
zens.
(6) The States of Alaska, Arkansas, California,
Colorado, Georgia, Hawaii, Idaho, Illinois, Indiana,
Kansas, Louisiana, Maine, Massachusetts, Michigan,
Minnesota, Missouri, Montana, New Hampshire,
New Jersey, New York, North Dakota, Ohio, Or-
egon, Pennsylvania, Rhode Island, South Carolina,
South Dakota, West Virginia, and Wisconsin, and
the District of Columbia, restore the right to vote
automatically upon the completion of sentence, in-
cluding parole.
(7) The United States should ensure that the
Federal voting rights of a person are restored upon
the unconditional release of that person from prison
and the completion of sentence, including parole.
SEC. 3. FEDERAL VOTING RIGHTS OF INDIVIDUALS WHO
HAVE BEEN CONVICTED OF A CRIMINAL OF-
FENSE.
(a) IN GENERAL.—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.
(b) APPLICABILITY.—Subsection (a) shall apply to an
individual convicted of a criminal offense upon the uncon-
ditional release of that individual from incarceration for
that offense and the completion of sentence for that of-
fense, including parole.
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) 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) 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 re-
spect to the violation.
(3) If the violation occurred within 30 days be-
fore 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) be-
fore bringing a civil action to obtain declaratory or
injunctive relief with respect to the violation.
SEC. 5. DEFINITIONS.
For purposes of this Act—
(1) 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;