(1) The right to vote is the most basic constitu-
tive act of citizenship and regaining the right to vote
reintegrates offenders into free society. 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. Basic con-
stitutional principles of fairness and equal protection
require an equal opportunity for Americans to vote
in Federal elections. Congress has ultimate super-
visory power over Federal elections, an authority
which has repeatedly been upheld by the Supreme
Court.
(2) Congress finds three areas where discrep-
ancies in State laws regarding felony convictions
lead to unfairness in Federal elections: (A) there is
no uniform standard for voting in Federal elections
which leads to an unfair disparity and unequal par-
ticipation in Federal elections based solely on where
a person lives; (B) laws governing the restoration of
voting rights after a felony conviction are unequal
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 per-
manently; and (C) State disenfranchisement laws
disproportionately impact ethnic minorities.
(3) Although State law determines the quali-
fications for voting, Congress must ensure that those
laws are in accordance with the Constitution. Cur-
rent laws vary throughout the country resulting in
discrepancies regarding which citizens may vote in
Federal elections.
(4) An estimated 3,900,000 Americans, or one
in fifty adults, currently cannot vote as a result of
a felony conviction. Women represent about a half
million of this total. Disenfranchisement results
from varying State laws that restrict voting while
under some form of criminal justice supervision or
after the completion of a felony sentence in some
States. Four States do not disenfranchise felons at
all (Maine, Massachusetts, New Hampshire, and
Vermont). Forty-six States and the District of
Columbia have disenfranchisement laws that deprive
convicted offenders of the right to vote while they
are in prison. In thirty-two States, convicted offend-
ers may not vote while they are on parole and in
twenty-nine States probationers may not vote. Four-
teen States disenfranchise ex-offenders who have
fully served their sentences, regardless of the nature
or seriousness of the offense. Three-fourths (73%) of
the 3,900,000 disqualified voters are not in prison,
but are on probation, parole or are ex-offenders.
(5) In those States that disenfranchise ex-of-
fenders, the right to vote can be regained in theory,
but in practice this possibility is often illusory. In
eight States, a pardon or order from the Governor
is required. In two States, ex-offenders must obtain
action by the parole or pardon board. Offenders con-
victed of a Federal offense often have additional bar-
riers to regaining voting rights. In at least 16
States, Federal offenders cannot use the State pro-
cedure for restoring their civil rights. The only
method provided by Federal law for restoring voting
rights to ex-offenders is a Presidential pardon. Few
persons who seek to have their right to vote restored
have the financial and political resources needed to
succeed.
(6) Thirteen percent of the African American
adult male population, or 1,400,000 African Amer-
ican men, are disenfranchised. Given current rates
of incarceration, three in ten of the next generation
of black men will be disenfranchised at some point
during their lifetime. Hispanic citizens are also dis-
proportionately disenfranchised since they are dis-
proportionately represented in the criminal justice
system.
(7) These discrepancies should be addressed by
Congress. Basic concepts of fundamental fairness
and equal protection require an equal opportunity
for Americans to vote in Federal elections. This Act
will restore fairness in the Federal election process
and promote reintegration of former offenders into
a life as law abiding citizens of the United States.
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) 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 ‘‘correctional institution or facil-
ity’’ means any prison, penitentiary, jail, or other in-
stitution or facility for the confinement of individ-
uals 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) 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 selec-
tion of delegates to a national nominating con-
vention of a political party; or
(D) a primary election held for the expres-
sion of a preference for the nomination of per-
sons for election to the office of President; and
(3) 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.
SEC. 6. RELATION TO OTHER LAWS.
(a) Nothing in this Act shall be construed to prohibit
the States 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) 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 (42 U.S.C. 1973 et seq.)
or the National Voter Registration Act (42 U.S.C. 1973–
gg).
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