[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1516 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1516
To secure the Federal voting rights of persons who have been released
from incarceration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2009
Mr. Feingold (for himself, Mr. Whitehouse, and Mr. Cardin) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To secure the Federal voting rights of persons who have been released
from incarceration.
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 ``Democracy Restoration Act of 2009''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates offenders
into free society, helping to enhance public safety.
(2) Article I, section 4 of the Constitution of the United
States grants Congress ultimate supervisory power over Federal
elections, an authority which has repeatedly been upheld by the
Supreme Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for Americans to vote
in Federal elections. 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. The 14th,
15th, 19th, 24th, and 26th Amendments to the Constitution
empower Congress to enact measures to protect the right to vote
in Federal elections.
(4) There are three areas where discrepancies 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 participation in Federal elections based
solely on where a person lives;
(B) laws governing the restoration of voting rights
after a felony 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
disproportionately impact racial and ethnic minorities.
(5) 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. Two States do not disenfranchise felons at all
(Maine and Vermont). Forty-eight States and the District of
Columbia have disenfranchisement laws that deprive convicted
offenders of the right to vote while they are in prison. In 35
States, convicted offenders may not vote while they are on
parole and 30 of these States disenfranchise felony
probationers as well. In 10 States, a conviction can result in
lifetime disenfranchisement.
(6) An estimated 5,300,000 Americans, or about 1 in 41
adults, currently cannot vote as a result of a felony
conviction. Nearly 4,000,000 (74 percent) of the 5,300,000
disqualified voters are not in prison, but are on probation or
parole, or are ex-offenders. Approximately 2,000,000 of those
individuals are individuals who have completed their entire
sentence, including probation and parole, yet remain
disenfranchised.
(7) In those States that disenfranchise ex-offenders, the
right to vote can be regained in theory, but in practice this
possibility is often granted in a nonuniform and potentially
discriminatory manner. Offenders must either obtain a pardon or
order from the Governor or action by the parole or pardon
board, depending on the offense and State. Offenders convicted
of a Federal offense often have additional barriers to
regaining voting rights.
(8) State disenfranchisement laws disproportionately impact
racial and ethnic minorities. Eight percent of the African-
American population, or 2,000,000 African-Americans, are
disenfranchised. Given current rates of incarceration,
approximately one in three of the next generation of African-
American men will be disenfranchised at some point during their
lifetime. Hispanic citizens are also disproportionately
disenfranchised based upon their disproportionate
representation in the criminal justice system.
(9) Disenfranchising citizens who have been convicted of a
felony offense and who are living and working in the community
serves no compelling State interest and hinders their
rehabilitation and reintegration into society.
(10) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised persons.
Future electoral participation by the children of
disenfranchised parents may be impacted as well.
(11) The United States is the only Western democracy that
permits the permanent denial of voting rights to individuals
with felony convictions.
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 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. 5. 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
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.--On the date determined under paragraph
(2), the Director of the Bureau of Prisons shall notify in
writing any individual who has been convicted of a criminal
offense under Federal law that such individual has the right to
vote in an election for Federal office pursuant to the
Democracy Restoration Act 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 by a court established by an Act of
Congress; or
(ii) is released from the custody of the
Bureau of Prisons (other than to the custody of
a State 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.
SEC. 6. 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. 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 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).
SEC. 8. 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 grant amounts 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 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.
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