[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2830 Introduced in House (IH)]







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 
 Committee on the Judiciary, and in addition to the Committee on House 
   Administration, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  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.

    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 ``Voting Restoration Act''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The right to vote is guaranteed in the United States 
        Constitution for all citizens. The right to vote in all 
        governmental elections shall not be abridged or denied on the 
        basis of race, sex, color, or previous conditions of servitude. 
        Congress has ultimate supervisory power over Federal elections, 
        and this authority has been upheld by the United States Supreme 
        Court on numerous occasions.
            (2) There is no uniform eligibility standard for 
        participating in Federal elections. Different States have 
        different rules regarding the voting eligibility of ex-felons. 
        While 48 States and the District of Columbia prohibit the 
        voting participation of inmates while serving their sentences, 
        13 States disenfranchise some or all ex-offenders who have 
        completed their sentences. Even in States that allow ex-
        offenders to vote, the process by which they regain that right 
        makes it difficult for them to vote again. For example, in 8 
        States, a pardon or order from the Governor is required. In 2 
        States, the parole or pardon board must act. In addition, in 16 
        States Federal offenders are not able to regain their right to 
        vote via the State procedure. Instead, those offenders must 
        obtain a Presidential pardon.
            (3) An estimated 3,900,000 Americans, or approximately 2 
        percent of the adult population, currently are ineligible to 
        vote as a result of felony conviction. 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 
        (compared to 1 in 10 in 1983), and that drug offenders 
        constituted 58 percent of 1998 Federal prison inmates in 1998. 
        The harsh drug laws are not just affecting our men; more than 
        one-third of the women in prison are incarcerated for a drug 
        offense. Overwhelmingly, these drug offenses are nonviolent. 
        Moreover, the racially disparate sentencing laws regarding 
        crack and powder cocaine have resulted in African-Americans 
        being 31 percent of those convicted 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 Federal elections as a result of a felony 
        conviction.
            (6) Congress should address these discrepancies and the 
        impact they are having on minority communities. 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 restore 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 individual to vote or register to vote in such an election 
during any period in which the individual remains under the custody or 
supervision of the State or local jurisdiction (including supervision 
through parole or probation).
    (b) Enforcement.--
            (1) Private right of action.--
                    (A) Declaratory or injunctive relief.--(i) 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.
                    (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 period 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 condition of bringing a 
                civil action under clause (ii).
                    (B) Compensatory damages.--If a violation of this 
                Act occurs during the 3-day period which ends on the 
                date of an election for Federal office, a civil action 
                brought under subparagraph (A)(ii) may include a 
                request for compensatory damages with respect to the 
                violation.
            (2) Action by attorney general.--The Attorney General may 
        bring a civil action in an appropriate district court for such 
        declaratory or injunctive relief as may be necessary to remedy 
        a violation of this Act.

SEC. 4. GRANT PROGRAM TO ASSIST STATES IN PROTECTING RIGHTS OF EX-
              FELONS TO VOTE AND REGISTER TO VOTE IN FEDERAL ELECTIONS.

    (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 protect the rights of individuals who have been 
        convicted of felonies to vote and register to vote in elections 
        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 subsection (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 percentage) equal 
                to--
                            (i) the number of individuals residing in 
                        the State who have been convicted of felonies 
                        (based on the most recent information 
                        available); and
                            (ii) the total number of such individuals 
                        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 Felons 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 program which meets the following requirements:
                    (A) The program shall include the establishment and 
                maintenance of an index of individuals 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 parole or probation), or who were released from 
                the custody or supervision of the State or local 
                jurisdiction during the previous 10 years, including 
                information with respect to each such individual 
                regarding whether the individual has the right to 
                register to vote in the State and whether the 
                individual has exercised that right.
                    (B) The State shall inform each individual engaged 
                in plea bargaining with a State or local prosecutor of 
                the impact of any proposed plea bargain on the 
                individual's right to register to vote and vote.
                    (C) The State shall inform each individual 
                convicted of a felony of the individual's eligibility 
                (or lack thereof) to register to vote and vote upon 
                conviction, upon release from the custody of the State 
                or local government, and upon the completion of any 
                State or local supervision of the individual required 
                as part of the individual's sentence.
                    (D) The State shall carry out appropriate 
                activities to notify such individuals of their right to 
                register to vote and vote (in addition to the 
                information required to be provided under subparagraph 
                (C)), including providing information through the 
                media, the Internet, the mails, and through cooperative 
                agreements with 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 include in 
        the report the number and percentage of individuals subject to 
        such program who have been directly informed of their right to 
        register to vote (or lack thereof).
            (3) Reduction in number of felonies causing loss of voting 
        rights.--Each State receiving a grant under the program under 
        this Act is encouraged to reduce the number of felonies which 
        may result in the temporary or permanent disenfranchisement of 
        convicted felons.
    (c) Program To Increase Voter Registration Rates Among Individuals 
Convicted of Felonies.--
            (1) Requirements of program.--Each State receiving a grant 
        under the program under this Act shall carry out a program to 
        increase voter registration rates among individuals in the 
        State convicted of felonies using such methods as the State 
        considers appropriate and effective, so long as the program 
        meets the following requirements:
                    (A) The program shall include the establishment and 
                maintenance of an index of individuals convicted of 
                felonies who are eligible to register to vote in the 
                State, including information 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 appropriate 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% during 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 appropriate 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 cooperative 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 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 include in 
        the report the number and percentage 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 participating 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 Attorney General, acting 
through the Director of the Bureau of Prisons, shall establish and 
maintain an index of individuals convicted of felonies by the Federal 
Government who are under the custody or supervision of the Federal 
Government (including supervision through parole or probation), or who 
were released from the custody or supervision 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 proposed plea bargain 
        on the individual's right to register 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 submit a report to the Committees 
on the Judiciary of the House of Representatives and Senate describing 
the activities 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 be responsible for coordination of the 
        State's responsibilities under such Act;
            (2) the terms ``election'' and ``Federal office'' have the 
        meanings given such terms in section 301 of the Federal 
        Election Campaign Act of 1971 (2 U.S.C. 431); and
            (3) the term ``State'' means each of the several States, 
        the District of Columbia, Puerto Rico, Guam, American Samoa, 
        and the Virgin Islands.

SEC. 7. RELATION TO OTHER LAWS.

    (a) No Effect on Other Elections.--Nothing in this Act may be 
construed to affect the eligibility of any individual to vote or 
register to vote in any election other than an election for Federal 
office.
    (b) No Effect on Voting Rights Act and National Voter Registration 
Act.--The rights and remedies established by this Act shall be in 
addition to any other rights and remedies provided by law. No provision 
of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the 
National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) 
shall be superseded, restricted, or otherwise limited by the rights and 
remedies established by this Act or any other provision of this Act.
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