[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9720-S9721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD (For himself, Mr. Whitehouse, and Mr. Cardin):
  S. 3640. A bill to secure the Federal voting rights of persons who 
have been released from incarceration; to the Committee on the 
Judiciary.
  Mr. FEINGOLD. Mr. President, in a democracy, no right is more 
important than the right to vote; in our democracy, no right has been 
so dearly won. This country was founded on the idea that a just 
government derives its power from the consent of the governed, a 
principle codified in the very first words of our Constitution: ``We 
the People of the United States.'' From the Civil War through the 
women's suffrage movement through the Voting Rights Act of 1965 through 
the 26th Amendment, the continuing expansion of the franchise, a 
broadening of who ``we the people'' are, is one of our great American 
stories.
  So today I will introduce the Democracy Restoration Act of 2008. This 
bill will guarantee that citizens who are not incarcerated have the 
right to vote in Federal elections. I am pleased that the Senator from 
Rhode Island, Sen. Whitehouse, and the Senator from Maryland, Sen. 
Cardin, have agreed to be a cosponsor.
  Once, only wealthy White men could vote in this country. Once, 
African Americans, ethnic minorities, women, young people, the poor, 
and the uneducated were all excluded. Today, we look back at those 
times and wonder how our country could have denied its citizens such a 
fundamental right for so long. And yet today, we continue to 
disenfranchise an estimated 4 million of our fellow citizens who were 
convicted of felonies but are no longer in prison. Two million of these 
people have fully served their sentences, and the other two million are 
on probation, parole, or supervised release. These people are living 
and working in the community, paying taxes, and contributing to 
society. But they cannot vote.
  At this time, 10 states still strip people who have completed their 
sentence--who have paid their debt to society--of their right to vote. 
Some 35 States deny the vote to people on parole, and 30 of those 
States also deny the vote to people on probation. I believe that the 
practice of stripping our fellow citizens of their voting rights is un-
American. It weakens our democracy. It is an anachronism, one of the 
last vestiges of a medieval jurisprudence that declared convicted 
criminals to be outlaws, irrevocably expelled from society.
  This principle was called ``civil death'' and in medieval Europe, it 
was reserved for the worst crimes. Yet today, here, in the greatest 
democracy in the world, we continue to sentence 4 million people--
people who have served their time, people who are contributing members 
of society--to civil death.
  One might ask how something as undemocratic as civil death could have 
survived to the present day. Unfortunately, Mr. President, the practice 
of disenfranchising people with felony convictions has an explicitly 
racist history. Like the grandfather clause, the literacy test, and the 
poll tax, civil death became a tool of Jim Crow.
  Across the country, 13 percent of African-American men are 
disenfranchised because of a felony conviction. As of 2004, in 14 
states, felony disenfranchisement provisions had stripped more than 10 
percent of the entire African-American voting-age population of the 
right to vote. In 4 states, they had disenfranchise more than 20 
percent of eligible African-American voters.
  The architects of Jim Crow would be proud of their handiwork, and how 
it has lasted long after the rest of their evil system was dismantled. 
The rest of us should be ashamed, and yes, outraged. If we believe in 
redemption, we should be outraged. Because civil death has denied 4 
million Americans a chance at redemption. If we believe in progress, we 
should be outraged. Because civil death keeps this country chained to 
the worst moments of our past. If we believe in democracy, we should be 
outraged. Because civil death strikes at the heart of our democracy.
  There is a growing movement across the country to expand the 
franchise and restore voting rights to people coming out of prison and 
reentering the community. In the last decade, 16 States have reformed 
their laws to expand the franchise or ease voting rights restoration 
procedures. This bill continues that movement. It provides that the 
right to vote for candidates for Federal office shall not be denied or 
abridged because a person has been convicted of a crime unless that 
person is actually in prison serving a felony sentence. It gives the 
Attorney General of the United States the power to obtain declaratory 
or injunctive relief to enforce that right. And it gives a person whose 
rights are being violated a right to go to court to get relief.
  The bill also requires Federal and State officials to notify 
individuals of their right to vote once their sentences have been 
served. This is an important part of the bill, given the long history 
of these civil death provisions. Even after this bill passes, many ex-
offenders may not know their rights, and we should take affirmative 
steps to make sure that they do. No one should be disenfranchised 
because of lack of information.
  Upon signing the Voting Rights Act of 1965, President Johnson said:

       The vote is the powerful instrument ever devised by man for 
     breaking down injustice and destroying the terrible walls 
     which imprison men because they are different from other men.

  When prisoners return to their communities after serving their 
sentences, we expect and hope that they will reintegrate themselves 
into society as productive citizens. Yet, without the right to vote, 
rehabilitated felons are already a step behind in regaining a sense of 
civic responsibility and commitment to their communities. If our 
country wants ex-offenders to succeed at becoming better citizens, who 
both abide by the law and act as responsible individuals, then we need 
to restore this most fundamental right. I urge my colleagues to support 
this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3640

       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 
     2008''.

     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 and 15th 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:

[[Page S9721]]

     (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 are unequal 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 
     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 
     thirty-five States, convicted offenders may not vote while 
     they are on parole and thirty of these States disenfranchise 
     felony probationers as well. In ten States, a conviction can 
     result in lifetime disenfranchisement.
       (6) An estimated 5,300,000 Americans, or about one in 
     forty-one 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 illusory. 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) In at least 16 States, Federal offenders cannot use the 
     State procedure for restoring their civil rights. The only 
     method provided by Federal law for restoring voting rights to 
     ex-offenders is a Presidential pardon. Few persons who seek 
     to have their right to vote restored have the financial and 
     political resources needed to succeed.
       (9) State disenfranchisement laws disproportionately impact 
     ethnic minorities. Thirteen percent of the African American 
     adult male population, or 1,400,000 African American men, are 
     disenfranchised. Given current rates of incarceration, three 
     in ten of the next generation of black men will be 
     disenfranchised at some point during their lifetime. Hispanic 
     citizens are also disproportionately disenfranchised since 
     they are disproportionately represented in the criminal 
     justice system.
       (10) 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.
       (11) State disenfranchisement laws suppress electoral 
     participation among eligible voters and damage the integrity 
     of the electoral process. State disenfranchisement laws 
     significantly impact the rate of electoral participation 
     among the children of disenfranchised parents.
       (12) The United States in 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) 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. 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 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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