Title: To secure the Federal voting rights of persons when released from incarceration.
Policy area: Crime and Law Enforcement

Summary:
This bill establishes that an individual's right to vote in a federal election may not be abridged due to a criminal conviction unless the individual is incarcerated for a felony sentence at the time of the election. The bill also (1) requires incarcerated individuals to be notified of the restoration of their voting rights upon release, and (2) prohibits states and local governments that do not comply with this bill from receiving federal funds for constructing or improving prisons.



[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8941 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8941

   To secure the Federal voting rights of persons when released from 
                             incarceration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2020

   Mr. Hall 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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. 2. 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 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 respect to the violation.
            (3) Exception.--If the violation occurred within 30 days 
        before 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) before bringing a 
        civil action to obtain declaratory or injunctive relief with 
        respect to the violation.

SEC. 3. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

    (a) State Notification.--
            (1) Notification.--On the date determined under paragraph 
        (2), each State shall notify in writing 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 Restoration Act of 
        2020 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 paragraph (1) shall be 
                given on the date on which the individual--
                            (i) is sentenced to serve only a term of 
                        probation; or
                            (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 felony conviction).
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required 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 
        Democracy Restoration Act of 2020 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 paragraph (1) shall be 
                given--
                            (i) in the case of an individual who is 
                        sentenced to serve only a term of probation, by 
                        the Assistant Director for the Office of 
                        Probation and Pretrial Services of the 
                        Administrative Office of the United States 
                        Courts on the date on which the individual is 
                        sentenced; or
                            (ii) in the case of any individual 
                        committed 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 individual is 
                        released and ending on the date such individual 
                        is released from the custody of the Bureau of 
                        Prisons.
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required 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. 4. DEFINITIONS.

    For purposes of this Act:
            (1) Correctional institution or facility.--The term 
        ``correctional institution or facility'' means any prison, 
        penitentiary, jail, or other institution 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 selection of 
                delegates to a national nominating convention of a 
                political party; or
                    (D) a primary election held for the expression of a 
                preference for the nomination of persons for election 
                to the office of President.
            (3) Federal office.--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.
            (4) Probation.--The term ``probation'' means probation, 
        imposed by a Federal, State, or local 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 individual;
                    (C) periodic reporting by the individual to an 
                officer of the court; or
                    (D) supervision of the individual by an officer of 
                the court.

SEC. 5. 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 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 (52 U.S.C. 10301 et seq.) or the National Voter Registration 
Act of 1993 (52 U.S.C. 20501 et seq.).

SEC. 6. FEDERAL PRISON FUNDS.

    No State, unit of local government, or other person may receive or 
use, to construct or otherwise improve a 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 
jurisdiction who is a citizen of the United States is notified, upon 
release from such incarceration, of that individual's rights under 
section 1.

SEC. 7. 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.
                                 <all>