I
107TH CONGRESS
1ST SESSION
H. R. 2830
To restore the eligibility to vote and register to vote in Federal elections
to individuals who have completed sentences for criminal offenses, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 2001
Ms. WATERS introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on House Ad-
ministration, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To restore the eligibility to vote and register to vote in
Federal elections to individuals who have completed sen-
tences for criminal offenses, and for other purposes.
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 ‘‘Voting Restoration
Act’’.
SEC. 2. FINDINGS; PURPOSE.
(a) FINDINGS.—Congress makes the following find-
ings:
(3) An estimated 3,900,000 Americans, or ap-
proximately 2 percent of the adult population, cur-
rently are ineligible to vote as a result of felony con-
viction. Three-fourths of the disqualified voters are
on probation or parole, or are ex-offenders.
(4) In recent years, the number of incarcerated
individuals has grown exponentially, due in part to
onerous drug policies enacted by this body. Current
studies point to the fact that 1 in 4 prison inmates
in 1998 was incarcerated for a drug offense (com-
pared to 1 in 10 in 1983), and that drug offenders
constituted 58 percent of 1998 Federal prison in-
mates in 1998. The harsh drug laws are not just af-
fecting our men; more than one-third of the women
in prison are incarcerated for a drug offense. Over-
whelmingly, these drug offenses are nonviolent.
Moreover, the racially disparate sentencing laws re-
garding crack and powder cocaine have resulted in
African-Americans being 31 percent of those con-
victed for Federal drug charges, even though they
are only 12 percent of the United States population
and 15 percent of drug users.
(5) Minorities are disproportionately impacted
by laws that remove a felon or ex-felon’s right to
vote. Currently 1,400,000, or 13 percent, of African-
American men are barred from participating in Fed-
eral elections as a result of a felony conviction.
(6) Congress should address these discrepancies
and the impact they are having on minority commu-
nities. All Americans should be afforded the right to
vote in Federal election, under basic principles of
fundamental fairness and equal protection.
(b) PURPOSE.—It is the purpose of this Act to re-
store the eligibility to vote and register to vote in Federal
elections to individuals who have completed sentences for
criminal offenses and promote the participation of such
individuals in the civic life of their communities.
SEC. 3. PROTECTION OF RIGHT TO VOTE AND REGISTER TO
VOTE IN FEDERAL ELECTIONS.
(a) IN GENERAL.—The right of any individual to vote
in an election for Federal office or to register to vote in
such an election may not be denied or abridged on the
grounds that the individual has been convicted of a felony,
except that a State may restrict the right of such an indi-
vidual to vote or register to vote in such an election during
any period in which the individual remains under the cus-
tody or supervision of the State or local jurisdiction (in-
cluding supervision through parole or probation).
(b) ENFORCEMENT.—
(1) PRIVATE RIGHT OF ACTION.—
(A) DECLARATORY
OR
INJUNCTIVE
RE-
LIEF.—(i) A person who is aggrieved by a viola-
tion of this Act may provide written notice of
the violation to the chief election official of the
State involved.
(ii) If the violation is not corrected within
90 days after receipt of a notice under clause
(i), or within 20 days after receipt of the notice
if the violation occurred during the 120-day pe-
riod which ends on the date of an election for
Federal office, the aggrieved person may bring
a civil action in an appropriate district court for
declaratory or injunctive relief with respect to
the violation.
(iii) If the violation occurred during the
30-day period which ends on the date of an
election for Federal office, the aggrieved person
shall not be required to provide notice to the
chief election official under clause (i) as a con-
dition of bringing a civil action under clause
(ii).
(B) COMPENSATORY DAMAGES.—If a viola-
tion of this Act occurs during the 3-day period
which ends on the date of an election for Fed-
eral office, a civil action brought under sub-
paragraph (A)(ii) may include a request for
compensatory damages with respect to the vio-
lation.
(2) ACTION BY ATTORNEY GENERAL.—The At-
torney General may bring a civil action in an appro-
priate district court for such declaratory or injunc-
tive relief as may be necessary to remedy a violation
of this Act.
SEC. 4. GRANT PROGRAM TO ASSIST STATES IN PRO-
TECTING RIGHTS OF EX-FELONS TO VOTE
AND REGISTER TO VOTE IN FEDERAL ELEC-
TIONS.
(a) ESTABLISHMENT OF PROGRAM.—
(1) IN GENERAL.—There is hereby established
a program under which the Attorney General shall
award grants to eligible States during each of the
first 5 fiscal years which begin after the date of the
enactment of this Act to carry out a program to pro-
tect the rights of individuals who have been con-
victed of felonies to vote and register to vote in elec-
tions for Federal office in the State by—
(A) providing information to individuals
convicted of felonies regarding their eligibility
(or lack thereof) to register to vote and vote in
the State (in accordance with the requirements
of subsection (b)); and
(B) carrying out a program to increase
voter registration rates among such individuals
(in accordance with the requirements of sub-
section (c)).
(2) ELIGIBILITY REQUIREMENTS.—A State is
eligible to receive a grant under the program under
this section if it submits to the Attorney General (at
such time and in such form as the Attorney General
may require) an application containing—
(A) information and assurances that the
State will carry out the program described in
paragraph (1); and
(B) such other information and assurances
as the Attorney General may require.
(3) AMOUNT
OF
GRANT.—The amount of a
grant awarded to a State under this section for a
fiscal year shall be equal to the product of—
(A) the total amount appropriated for the
year for grants under this section; and
(B) the amount (expressed as a percent-
age) equal to—
(i) the number of individuals residing
in the State who have been convicted of
felonies (based on the most recent informa-
tion available); and
(ii) the total number of such individ-
uals residing in all States eligible to receive
a grant under this section for the year
(based on the most recent information
available).
(b) PROGRAM TO PROVIDE INFORMATION TO FEL-
ONS REGARDING VOTER REGISTRATION
AND VOTING
RIGHTS AND STATUS.—
(1) REQUIREMENTS OF PROGRAM.—Each State
receiving a grant under the program under this Act
shall provide information to individuals convicted of
felonies by the State (or local jurisdictions in the
State) regarding their eligibility (or lack thereof) to
register to vote and vote in the State through a pro-
gram which meets the following requirements:
(A) The program shall include the estab-
lishment and maintenance of an index of indi-
viduals convicted of felonies by the State (or
local jurisdictions in the State) who are under
the custody or supervision of the State or local
jurisdiction (including supervision through pa-
role or probation), or who were released from
the custody or supervision of the State or local
public or private entities providing services or
otherwise having contact with convicted felons.
(2) REPORT
TO
ATTORNEY
GENERAL.—Each
State receiving a grant for a year under the program
under this Act shall submit a report to the Attorney
General not later than 30 days after the end of the
year describing the activities carried out under the
program described in this subsection, and shall in-
clude in the report the number and percentage of in-
dividuals subject to such program who have been di-
rectly informed of their right to register to vote (or
lack thereof).
(3) REDUCTION
IN
NUMBER
OF
FELONIES
CAUSING LOSS OF VOTING RIGHTS.—Each State re-
ceiving a grant under the program under this Act is
encouraged to reduce the number of felonies which
may result in the temporary or permanent dis-
enfranchisement of convicted felons.
(c) PROGRAM TO INCREASE VOTER REGISTRATION
RATES
AMONG
INDIVIDUALS
CONVICTED
OF
FELO-
NIES.—
(1) REQUIREMENTS OF PROGRAM.—Each State
receiving a grant under the program under this Act
shall carry out a program to increase voter registra-
tion rates among individuals in the State convicted
of felonies using such methods as the State con-
siders appropriate and effective, so long as the pro-
gram meets the following requirements:
(A) The program shall include the estab-
lishment and maintenance of an index of indi-
viduals convicted of felonies who are eligible to
register to vote in the State, including informa-
tion on the number of such individuals who are
registered to vote.
(B) Under the program, the State shall
carry out such activities as it considers appro-
priate to increase the voter registration rates of
individuals convicted of felonies, so long as the
rate at which such individuals are registered to
vote in the State increases by at least 50% dur-
ing the 5-year period which begins with the
first year for which a State receives a grant
under the program under this Act.
(C) Under the program, the State shall
carry out such activities as it considers appro-
priate to increase the rate at which individuals
convicted of felonies who are registered to vote
in the State actually vote in elections.
(2) ASSISTANCE OF PROVIDERS OF SERVICES.—
In carrying out the program required under this
subsection, the State shall seek to enter into cooper-
ative agreements with public and private entities
which provide services in the State to individuals
convicted of felonies and utilize information and
other assistance provided by such entities to meet
the requirements of this subsection.
(3) REPORT
TO
ATTORNEY
GENERAL.—Each
State receiving a grant under the program under
this Act for a year shall submit a report to the At-
torney General not later than 30 days after the end
of the year describing the activities carried out
under the program described in this subsection, and
shall include in the report the number and percent-
age of individuals in the State convicted of felonies
who are registered to vote and who voted in the
most recent elections held in the State.
(d) TECHNICAL ASSISTANCE.—The Attorney General
shall provide technical assistance to States receiving
grants under the program under this Act to help the
States in carrying out the programs funded with the
grants.
(e) ANNUAL REPORT.—Not later than 30 days after
the end of each year for which grants are awarded under
the program under this Act, the Attorney General shall
submit a report to the Committees on the Judiciary of
the House of Representatives and Senate on the activities
carried out under the program, including the information
provided to the Attorney General by the States partici-
pating in the program.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary for grants under this section for each of the first
5 fiscal years which begin after the date of the enactment
of this Act.
SEC. 5. RESPONSIBILITIES OF DEPARTMENT OF JUSTICE
REGARDING INDIVIDUALS CONVICTED OF
FEDERAL FELONIES.
(a) INDEX OF INDIVIDUALS CONVICTED.—The Attor-
ney General, acting through the Director of the Bureau
of Prisons, shall establish and maintain an index of indi-
viduals convicted of felonies by the Federal Government
who are under the custody or supervision of the Federal
Government (including supervision through parole or pro-
bation), or who were released from the custody or super-
vision of the Federal Government during the previous 10
years.
(b) NOTICE REQUIREMENT.—The Attorney General
shall inform—
(1) each individual engaged in plea bargaining
with a Federal prosecutor of the impact of any pro-
posed plea bargain on the individual’s right to reg-
ister to vote and vote; and
(2) each individual convicted of a felony of the
individual’s right to register to vote and vote (or
lack thereof) upon conviction, upon release from the
custody of the Federal Government, and upon the
completion of any Federal or other supervision of
the individual required as part of the individual’s
sentence.
(c) REPORT TO CONGRESS.—Not later than 30 days
after the end of each year, the Attorney General shall sub-
mit a report to the Committees on the Judiciary of the
House of Representatives and Senate describing the activi-
ties carried out pursuant to this section, and shall include
in the report the number and percentage of the individuals
described in this section who have been directly informed
by the Attorney General of their right to register to vote
and vote (or lack thereof).
SEC. 6. DEFINITIONS.
In this Act—
(1) the term ‘‘chief election official’’ means
(with respect to a State) the individual designated
by the State under section 10 of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg–8) to