I 
116TH CONGRESS 
1ST SESSION 
H. R. 196 
To secure the Federal voting rights of persons when released from 
incarceration. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2019 
Mr. NADLER (for himself, Ms. JACKSON LEE, Mr. COHEN, Mr. JOHNSON of 
Georgia, Mr. RASKIN, Mr. CICILLINE, Ms. NORTON, Ms. LOFGREN, Ms. 
JAYAPAL, Mr. LEWIS, Ms. JUDY CHU of California, Mr. ESPAILLAT, Ms. 
LEE of California, Mr. DEFAZIO, Mr. RUSH, Ms. WILSON of Florida, Ms. 
KAPTUR, Ms. SCHAKOWSKY, Mr. TED LIEU of California, Mrs. WATSON 
COLEMAN, Mr. MCEACHIN, Mr. CUMMINGS, Mr. BLUMENAUER, Ms. 
MOORE, Mr. PASCRELL, Mrs. CAROLYN B. MALONEY of New York, Ms. 
SEWELL of Alabama, Mr. QUIGLEY, Mr. TAKANO, Ms. WASSERMAN 
SCHULTZ, Ms. CLARKE of New York, Mr. YARMUTH, Mr. DANNY K. 
DAVIS of Illinois, and Mr. RICHMOND) introduced the following bill; 
which was 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 Representa-
tives 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’’. 
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SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) The right to vote is the most basic constitu-
tive 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 ac-
count of race, color, gender, or previous condition of 
servitude. The 13th, 14th, 15th, 19th, 24th, and 
26th Amendments to the Constitution empower Con-
gress 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 re-
quired, 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 un-
fairness in Federal elections— 
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(A) the lack of a uniform standard for vot-
ing in Federal elections leads to an unfair dis-
parity and unequal participation in Federal 
elections based solely on where a person lives; 
(B) laws governing the restoration of vot-
ing 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 dis-
proportionately impact racial and ethnic minori-
ties. 
(5) Two States do not disenfranchise individ-
uals with criminal convictions at all (Maine and 
Vermont), but 48 States and the District of Colum-
bia have laws that deny convicted individuals the 
right to vote while they are in prison. 
(6) In some States disenfranchisement results 
from varying State laws that restrict voting while in-
dividuals are under the supervision of the criminal 
justice system or after they have completed a crimi-
nal sentence. In 33 States, convicted individuals may 
not vote while they are on parole and 29 of those 
States disenfranchise individuals on felony probation 
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as well. In 11 States, a conviction can result in life-
time disenfranchisement. 
(7) Several States deny the right to vote to in-
dividuals convicted of certain misdemeanors. 
(8) An estimated 6,100,000 citizens of the 
United States, or about 1 in 40 adults in the United 
States, currently cannot vote as a result of a felony 
conviction. Of the 6,100,000 citizens barred from 
voting, only 23 percent are in prison. By contrast, 
77 percent of the disenfranchised reside in their 
communities while on probation or parole or after 
having completed their sentences. Approximately 
3,100,000 citizens who have completed their sen-
tences remain disenfranchised due to restrictive 
State laws. In at least 6 States—Alabama, Florida, 
Kentucky, Mississippi, Tennessee, and Virginia— 
more than 7 percent of the total population is 
disenfranchised. 
(9) In those States that disenfranchise individ-
uals 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 discrimina-
tory manner. Disenfranchised individuals must ei-
ther obtain a pardon or an order from the Governor 
or an action by the parole or pardon board, depend-
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ing on the offense and State. Individuals convicted 
of a Federal offense often have additional barriers to 
regaining voting rights. 
(10) State disenfranchisement laws dispropor-
tionately impact racial and ethnic minorities. More 
than 7 percent of the African-American population, 
or 
2,200,000 
African-Americans, 
are 
disenfranchised. Currently, 1 of every 13 African- 
Americans are rendered unable to vote because of 
felony disenfranchisement, which is a rate more than 
4 times greater than non African-Americans. Over 7 
percent 
of 
African-American 
adults 
are 
disenfranchised whereas only 1.8 percent of non Af-
rican-Americans are. In 4 States (Kentucky, 26 per-
cent; Virginia, 22 percent; Florida, 21 percent; and 
Tennessee, 21 percent), more than 1 in 5 African- 
Americans are unable to vote because of prior con-
victions. 
(11) Latino citizens are disproportionately 
disenfranchised based upon their disproportionate 
representation in the criminal justice system. If cur-
rent incarceration trends hold, 17 percent of Latino 
men will be incarcerated during their lifetimes, in 
contrast to less than 6 percent of non-Latino White 
men. When analyzing the data across 10 States, 
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Latinos generally have disproportionately higher 
rates of disenfranchisement compared to their pres-
ence in the voting age population. In 6 out of 10 
States studied in 2003, Latinos constitute 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. 
(12) 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. 
(13) State disenfranchisement laws can sup-
press electoral participation among eligible voters by 
discouraging voting among family and community 
members of disenfranchised persons. Future elec-
toral participation by the children of disenfranchised 
parents may be impacted as well. 
(14) The United States is the only Western de-
mocracy that permits the permanent denial of voting 
rights for individuals with felony convictions. 
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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 viola-
tion occurred within 120 days before the date of an 
election for Federal office, the aggrieved person 
may, in a civil action, obtain declaratory or injunc-
tive relief with respect to the violation. 
(3) EXCEPTION.—If the violation occurred 
within 30 days before the date of an election for 
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