[Congressional Record Volume 157, Number 194 (Friday, December 16, 2011)]
[Senate]
[Pages S8737-S8738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself, Mr. Durbin, and Mr. Whitehouse):
  S. 2017. A bill to secure the Federal voting rights of persons when 
released from incarceration; to the Committee on the Judiciary.
  Mr. CARDIN. Mr. President, today I am pleased to introduce the 
Democracy Restoration Act. The Democracy Restoration Act, or DRA, had 
been introduced in previous Congresses by former Senator Russ Feingold 
of Wisconsin and I am proud to follow his example. I want to thank 
Senator Durbin for joining me as an original co-sponsor of this 
legislation.
  As the late Senator Kennedy often said, civil rights is the 
``unfinished business'' of America. The Democracy Restoration Act would 
restore voting rights in federal elections to approximately 5 million 
Americans who have been released from prison and are back living in 
their communities.
  After the Civil War, Congress enacted and the states ratified the 
Fifteenth Amendment, which provides that ``the right of citizens of the 
United States to vote shall not be denied or abridged by the United 
States or by any State on account of race, color, or previous condition 
of servitude. The Congress shall have power to enforce this article by 
appropriate legislation.''
  Unfortunately, many states passed laws during the Jim Crow period 
after the Civil War to make it more difficult for newly-freed slaves to 
vote in elections. Such laws included poll taxes, literacy tests, and 
disenfranchisement measures. Some disenfranchisement measures applied 
to misdemeanor convictions and in practice could result in lifetime 
disenfranchisement, even for individuals that successfully reintegrated 
into their communities as law-abiding citizens.
  It took Congress and the states nearly another century to eliminate 
the poll tax, upon the ratification of the Twenty-Fourth Amendment in 
1964. The Amendment provides that ``the rights of citizens of the 
United States to vote in any primary or other election for President or 
Vice President, or for Senator or Representative in Congress, shall not 
be denied or abridged by the United States or any State by reason of 
failure to pay any poll tax or other tax.''
  Shortly thereafter Congress enacted the Voting Rights Act of 1965, 
which swept away numerous State laws and procedures that had denied 
African-Americans and other minorities their constitutional right to 
vote. For example, the Act outlawed the use of literacy or history 
tests that voters had to pass before registering to vote or casting 
their ballot. The act specifically prohibits states from imposing any 
``voting qualification or prerequisite to voting, or standard, 
practice, or procedure . . . to deny or abridge the right of any 
citizen of the United States to vote on account of race or color.'' 
Congress overwhelmingly reauthorized the Act in 2006, which was signed 
into law by President George W. Bush.
  In 2011, I am concerned that there are still several areas where the 
legacy of Jim Crow laws and state disenfranchisement statutes lead to 
unfairness in Federal elections. First, state laws governing the 
restoration of voting rights vary widely throughout the country, such 
that persons in some States can easily regain their voting rights, 
while in other States persons effectively lose their right to vote 
permanently. Second, these state disenfranchisement laws have a 
disproportionate impact on racial and ethnic minorities. Third, this 
patchwork of state laws results in the lack of a uniform standard for 
eligibility to vote in Federal elections, and leads to an unfair 
disparity and unequal participation in Federal elections based solely 
on where an individual lives.
  In 35 States, convicted individuals may not vote while they are on 
parole. In 10 States, a conviction can result in life-time 
disenfranchisement. Several States requires prisoners to seek 
discretionary pardons from Governors, or action by the parole or pardon 
board, in order to regain their right to vote. Several States deny the 
right to vote to individuals convicted of certain misdemeanors. States 
are slowly moving or repeal or loosen many of these barriers to voting 
for ex-prisoners. But studies show that a growing number of African-
American men, for example, will be disenfranchised at some point in 
their life, partly due to mandatory minimum sentencing laws that have a 
disproportionate impact on minorities. Congress recently addressed part 
of this problem by enacting the Fair Sentencing Act to partially reduce 
the sentencing disparity between crack cocaine and powder cocaine 
convictions. While I welcome these steps, I believe that Congress 
should take stronger action now to remedy this problem.
  The legislation would restore voting rights to prisoners after their 
release from incarceration. It requires that prisons receiving federal 
funds notify people about their right to vote in federal elections when 
they are leaving prison, sentenced to probation, or convicted of a 
misdemeanor. The bill authorizes the Department of Justice and 
individuals harmed by violation of this Act to sue to enforce its 
provisions. The bill generally provides State election officials with a 
grace period to resolve voter eligibility complaints without a lawsuit 
before an election.
  The legislation is narrowly crafted to apply to federal elections, 
and retains the States' authorities to generally establish voting 
qualifications. This legislation is therefore consistent with 
Congressional authority under the Constitution and voting rights 
statutes, as interpreted by the U.S. Supreme Court.
  I am pleased that this legislation has been endorsed by a large 
coalition of public interest organizations, including: civil rights and 
reform organizations; religious and faith-based organizations; and law 
enforcement and criminal justice organizations. In particular I want to 
thank the Brennan Center for Justice, the ACLU, the Leadership 
Conference on Civil and Human Rights, and the NAACP for their work on 
this legislation.
  This legislation is ultimately designed to reduce recidivism rates 
and help reintegrate ex-prisoners back into society. When prisoners are 
released, they are expected to obey the law, get a job, and pay taxes 
as they are rehabilitated and reintegrated into their community. With 
these responsibilities and obligations of citizenship should also come 
the rights of citizenship, including the right to vote.
  In 2007, President George W. Bush signed the Second Chance Act into 
law, after overwhelming approval and strong bipartisan support in 
Congress. The legislation expanded the Prison Re-Entry Initiative, by 
providing job training, placement services, transitional housing, drug 
treatment, medical care, and faith-based mentoring. At the signing 
ceremony, President Bush said: ``We believe that even those who have 
struggled with a dark past can find brighter days ahead. One way we act 
on that belief is by helping former prisoners who have paid for their 
crimes. We help them build new lives as productive members of our 
society.''
  The Democracy Restoration Act is fully consistent with the goals of 
the Second Chance Act, as Congress and the States seek to reduce 
recidivism rates, strengthen the quality of life in our communities and 
make them safer, and reduce the burden on taxpayers.
  Mr. President, I ask unanimous consent that letters of support be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record as follows:

                                                December 16, 2011.
       Dear Member of Congress: We, the undersigned organizations, 
     a coalition of civil rights, social and criminal justice, and 
     other legal and advocacy organizations, are writing to urge 
     your support and co-sponsorship of the Democracy Restoration 
     Act of 2011, a bill that seeks to restore voting rights in 
     federal elections to people who are out of prison and living 
     in the community. The current patchwork of laws that 
     disfranchise people with criminal records has created an 
     inconsistent and unfair federal electoral process, 
     perpetuating entrenched racial discrimination. As 
     organizations dedicated to promoting democracy and justice as 
     well as equal rights for all Americans, we strongly support 
     passage of this legislation.
       Currently, 5.3 million American citizens are denied the 
     right to vote because they have a criminal conviction in 
     their past. Four million of these people are out of prison, 
     living in the community, paying taxes and raising families; 
     yet they remain disfranchised for years, often decades, and 
     sometimes for life. The United States is one of the few 
     western democratic nations that

[[Page S8738]]

     excludes such large numbers of people from the democratic 
     process. Congressional action is needed to restore voting 
     rights in federal elections to the millions of Americans who 
     have been released from incarceration, but continue to be 
     denied their ability to fully participate in civic life. 
     Fortunately, Senator Ben Cardin and Representative John 
     Conyers are lead sponsors of the Democracy Restoration Act of 
     2011, which is intended to address these injustices.
       Criminal disfranchisement laws are rooted in the Jim Crow 
     era. They were enacted alongside poll taxes and literacy 
     tests and were intended to keep African Americans from 
     voting. By 1900, 38 states denied voting rights to people 
     with criminal convictions, most of which disfranchised people 
     until they received a pardon. The intended effects of these 
     laws continue to this day. Nationwide 1-3% of African-
     American men have lost the right to vote. If current 
     incarceration rates continue, three in ten of the next 
     generation of African American men will lose the right to 
     vote at some point in their lifetimes. This racial disparity 
     also impacts the families of those who are disfranchised and 
     the communities in which they reside by diminishing their 
     collective political voice.
       In this country, voting is a national symbol of political 
     equality and full citizenship. When a citizen is denied this 
     right and responsibility, his or her standing as a full and 
     equal member of our society is called into question. The 
     responsibilities of citizenship--working, paying taxes and 
     contributing to one's community-- are duties conferred upon 
     those reentering society. To further punish individuals who 
     are back in the community by denying them a right of 
     citizenship counters the expectation that citizens have 
     rehabilitated themselves after a conviction. The United 
     States should not be a country where the effects of past 
     mistakes have countless consequences--and no opportunity for 
     redress.
       Passage of the Democracy Restoration Act of 2011 will 
     ensure that all Americans living in their communities will 
     have the opportunity to participate in our electoral process. 
     A strong, vibrant democracy requires the broadest possible 
     base of voter participation, and allowing all persons who 
     have completed their prison time to vote is the best way to 
     ensure the greatest level of participation.
       We urge you to support the passage of the Democracy 
     Restoration Act of 2011.
       If you have any questions, please contact Deborah J. Vagins 
     of the ACLU Washington Legislative Office or Nicole Austin-
     Hillery of the Brennan Center for Justice.
           Sincerely,
         American Civil Liberties Union; APIA Vote; Brennan Center 
           for Justice; Center for the Study of the American 
           Electorate; CitiWide Harm Reduction; Commission on 
           Social Action of Reform Judaism; Crossroad Bible 
           Institute; Demos; Desiree Alliance; Drug Policy 
           Alliance; Drug Policy Forum of Hawaii; Fair Elections 
           Legal Network; The Fortune Society's David Rothenberg 
           Center for Public Policy; Illinois Consortium on Drug 
           Policy; International CURE; Law Enforcement Against 
           Prohibition; Lawyers' Committee For Civil Rights Under 
           Law; The Leadership Conference on Civil and Human 
           Rights; Maryland CURE; NAACP; NAACP Legal Defense and 
           Educational Fund, Inc.; New Mexico Women's Justice 
           Project; A New PATH (Parents for Addiction Treatment & 
           Healing); North Carolina Harm Reduction Coalition; 
           NORML; The Office of Social Justice, Christian Reformed 
           Church of North America (CRCNA); ProjectVote; Queers 
           for Economic Justice; South Asian Americans Leading 
           Together (SAALT); State Rep. Edward J. Orlett (Ret) -
           Ohio; StoptheDrugWar.org; The Sentencing Project; Women 
           With A Vision, Inc.
                                  ____

                                                 December 16, 2011
       Dear Member of Congress: We, the undersigned religious 
     organizations, reflecting diverse faith traditions, in one 
     voice write to urge you to support and co-sponsor the 
     Democracy Restoration Act, a bill which seeks to restore 
     federal voting rights to millions of Americans living and 
     working in our communities who have been disenfranchised 
     because of a criminal conviction in their past. As people of 
     faith, we believe all people are created in God's image. We 
     are deeply concerned that state disenfranchisement laws 
     continue to deprive our neighbors of their fundamental right 
     to vote and relegate them to second-class citizenship.
       From Joseph saving untold numbers from famine, to Peter 
     being the rock upon which Christ's church was built, our 
     scriptures bear powerful witness of the great achievements 
     that can be made by persons who have spent time in prison. It 
     is consistent with the best of our democratic values and our 
     moral heritage to encourage former prisoners to participate 
     constructively with their communities in ways such as voting.
       Accordingly, we join the many Americans who believe that 
     continuing to deny the franchise to millions of our fellow 
     citizens who have rejoined our communities is unwise and 
     unjust. Our support for the Democracy Restoration Act rests 
     squarely on our obligation to be merciful and forgiving, our 
     commitment to treat others with the respect and dignity that 
     God's children deserve, and our steadfast belief in the human 
     capacity for redemption.
       We applaud your efforts to restore the franchise to persons 
     who have been released from prison, and we urge you to pass 
     the Democracy Restoration Act.
           Yours truly,
         The Aleph Institute, an organization for Jewish renewal; 
           Christian Reformed Church of North America; Crossroad 
           Bible Institute; Evangelicals for Social Action; The 
           Institute for Prison Ministries at the Billy Graham 
           Center; Masjid An-Nur, an Islamic center in 
           Minneapolis, MN; Mennonite Central Committee; National 
           Advocacy Center of the Sisters of the Good Shepherd; 
           National Hispanic Christian Leadership Conference; 
           NETWORK, A National Catholic Social Justice Lobby; 
           Presbyterian Church USA, Office of Public Witness, 
           Washington, DC; Progressive National Baptist 
           Convention, Inc.; Restorative Justice Ministries 
           Network of North America; Sojourners, a Christian 
           ministry based in Washington, DC; United Church of 
           Christ, Justice and Witness Ministries; The United 
           Methodist Church, General Board of Church and Society; 
           Unitarian Universalist Association of Congregations.
                                  ____

                                                 December 16, 2011
       Dear Member of Congress: We, the undersigned law 
     enforcement and criminal justice leaders, urge you to support 
     and co-sponsor the Democracy Restoration Act, a bill which 
     seeks to restore federal voting rights to the nearly four 
     million Americans living, working and paying taxes in our 
     communities who have been disenfranchised because of a 
     criminal conviction in their past. We support the restoration 
     of voting rights because continuing to disenfranchise 
     individuals after release from prison is ineffective law 
     enforcement policy and violates core principles of democracy 
     and equality.
       There is no credible evidence that denying voting rights to 
     people after release from prison does anything to reduce 
     crime. In our judgment, just the opposite is true. Every year 
     over 600,000 people leave prison. We must find new and 
     effective ways to foster reintegration back into the 
     community and prevent recidivism. We believe that bringing 
     people into the political process makes them stakeholders in 
     the community and helps steer former offenders away from 
     future crimes.
       The hallmark of a democratic government is that it reflects 
     the views of the governed, views that are most readily 
     expressed through the ballot box. As law enforcement and 
     criminal justice officials, we are deeply committed to 
     securing our system of American democracy. Carving a segment 
     of the community out of the democratic process is 
     inconsistent with America's best traditions and highest 
     values.
       People who commit crimes must and will serve all terms of 
     their sentence. But once the criminal justice system has 
     determined that they are ready to return to the community, 
     they should receive both the rights and responsibilities that 
     come with the status of being a citizen. Restoring the right 
     to vote is simply good law enforcement policy.
       To protect basic public safety and strengthen the core of 
     our democracy, we urge you to use your leadership to pass 
     this important legislation.
           Sincerely,
         American Correctional Association; Association of 
           Paroling Authorities International; American Probation 
           and Parole Association; James H. Austen; Blacks in Law 
           Enforcement of America; Correctional Association of New 
           York; Charles J. Hynes, District Attorney, Kings 
           County, New York; International Community Corrections 
           Association; Doug Jones; Peg Lautenschlager; Jorge 
           Montes, Principal at Montes & Associates; Oklahoma 
           Department of Corrections; Police Foundation; 
           Providence Police Department; Rhode Island Department 
           of Corrections.
                                 ______