[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5158 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5158

To secure the Federal voting rights of a person upon the unconditional 
  release of that person from prison and the completion of sentence, 
                           including parole.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 2000

    Ms. Millender-McDonald introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To secure the Federal voting rights of a person upon the unconditional 
  release of that person from prison and the completion of sentence, 
                           including parole.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Second Chance Voting Rights Act of 
2000''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The right to vote is the most fundamental act performed 
        by citizens in our great representative democracy.
            (2) Citizen participation in local, State, and Federal 
        elections is the primary means to assure representation of many 
        constituent groups in the political process.
            (3) More than 500,000 Americans who were convicted of 
        felony crimes have served their entire sentence and stand free 
        and clear of incarceration and parole.
            (4) It is the civic duty of every citizen of the United 
        States to vote in any election in order to guarantee full and 
        fair representation of all interests.
            (5) Allowing ex-offenders to vote restores them to their 
        role as responsible citizens in this great country whose 
        greatness is strengthened by the civic rehabilitation and 
        participation of all nonvoting citizens.
            (6) The States of Alaska, Arkansas, California, Colorado, 
        Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, 
        Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, 
        New Hampshire, New Jersey, New York, North Dakota, Ohio, 
        Oregon, Pennsylvania, Rhode Island, South Carolina, South 
        Dakota, West Virginia, and Wisconsin, and the District of 
        Columbia, restore the right to vote automatically upon the 
        completion of sentence, including parole.
            (7) The United States should ensure that the Federal voting 
        rights of a person are restored upon the unconditional release 
        of that person from prison and the completion of sentence, 
        including parole.

SEC. 3. FEDERAL VOTING RIGHTS OF INDIVIDUALS WHO HAVE BEEN CONVICTED OF 
              A CRIMINAL OFFENSE.

    (a) In General.--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.
    (b) Applicability.--Subsection (a) shall apply to an individual 
convicted of a criminal offense upon the unconditional release of that 
individual from incarceration for that offense and the completion of 
sentence for that offense, including parole.

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 
        respect to the violation.
            (3) 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. 5. DEFINITIONS.

    For purposes of this Act--
            (1) 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; and
            (2) 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) State Laws.--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) Federal Laws.--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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