I 
115TH CONGRESS 
2D SESSION 
H. R. 6612 
To secure the Federal voting rights of persons when released from 
incarceration. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2018 
Mr. NADLER (for himself, Ms. JACKSON LEE, Mr. COHEN, Mr. JOHNSON of 
Georgia, Mr. RASKIN, Mr. CICILLINE, Mr. BRENDAN F. BOYLE of Penn-
sylvania, Mr. SCOTT of Virginia, Ms. SCHAKOWSKY, Mr. TED LIEU of 
California, Ms. KAPTUR, Mr. JEFFRIES, Mr. GUTIE´RREZ, Ms. NORTON, 
Mr. CUMMINGS, Mr. MCGOVERN, Mr. BLUMENAUER, Ms. MOORE, Mr. 
PASCRELL, Mr. LARSEN of Washington, Mr. YARMUTH, Mr. HASTINGS, 
Mrs. CAROLYN B. MALONEY of New York, Mr. VARGAS, Mr. DEFAZIO, 
Ms. LEE, Mr. HUFFMAN, Ms. SEWELL of Alabama, Mr. QUIGLEY, Mr. 
TAKANO, Mr. NOLAN, Ms. JAYAPAL, Ms. WASSERMAN SCHULTZ, Mr. 
LEWIS of Georgia, Mr. ELLISON, and Mr. KILDEE) introduced the fol-
lowing 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 2018’’. 
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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 32 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 10 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 6 States—Alabama, Florida, Ken-
tucky, Mississippi, Tennessee, and Virginia—more 
than 
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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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 writ-
ing 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 Res-
toration Act of 2018 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 para-
graph (1) shall be given on the date on which 
the individual— 
(i) is sentenced to serve only a term 
of probation; or 
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(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 fel-
ony conviction). 
(B) MISDEMEANOR
CONVICTION.—In the 
case of such an individual who has been con-
victed of a misdemeanor, the notification re-
quired 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 Democ-
racy Restoration Act of 2018 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 para-
graph (1) shall be given— 
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(i) in the case of an individual who is 
sentenced to serve only a term of proba-
tion, by the Assistant Director for the Of-
fice of Probation and Pretrial Services of 
the Administrative Office of the United 
States Courts on the date on which the in-
dividual is sentenced; or 
(ii) in the case of any individual com-
mitted 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 indi-
vidual is released and ending on the date 
such individual is released from the cus-
tody of the Bureau of Prisons. 
(B) MISDEMEANOR
CONVICTION.—In the 
case of such an individual who has been con-
victed of a misdemeanor, the notification re-
quired 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
FACIL-
ITY.—The term ‘‘correctional institution or facility’’ 
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means any prison, penitentiary, jail, or other institu-
tion 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 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. 
(3) FEDERAL OFFICE.—The term ‘‘Federal of-
fice’’ means the office of President or Vice President 
of the United States, or of Senator or Representa-
tive 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 
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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 indi-
vidual; 
(C) periodic reporting by the individual to 
an officer of the court; or 
(D) supervision of the individual by an of-
ficer 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 the 
States 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 rem-
edies 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, re-
strict, or limit the application of the Voting Rights Act 
of 1965 (52 U.S.C. 10301 et seq.) or the National Voter 
Registration Act of 1993 (52 U.S.C. 20501 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 
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prison, jail, or other place of incarceration, any Federal 
funds unless that person has in effect a program under 
which each individual incarcerated in that person’s juris-
diction 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 after the date 
of the enactment of this Act. 
Æ 
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