[Congressional Record Volume 161, Number 46 (Wednesday, March 18, 2015)]
[Senate]
[Page S1625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MORNING BUSINESS
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DEMOCRACY RESTORATION ACT
Mr. BOOKER. Mr. President, I support the Democracy Restoration Act.
This important legislation would restore a voice in our democracy for
millions of Americans who cannot vote simply because they have a
criminal conviction. I thank Senator Cardin for his leadership on this
issue. I am honored to be an original cosponsor of this important
criminal justice reform legislation.
The right to vote for all is a principle that goes to the very heart
of all democracy. Voting is a fundamental right because it is the right
from which all other rights derive. Participation in the political
process is about giving a voice to the voiceless. It is about who we
are as a Nation and whether we want citizens that contribute to our
society to have a say in who represents them in the Federal Government.
The road to extend voting rights to all Americans has been long and
not without bumps. Our country was founded at a time when African
Americans were denied the right to vote. For over a hundred years, we
silenced entire populations of Americans and deemed them unworthy of
participating in the political process merely because of their race.
During his famous Gettysburg Address, President Lincoln called for
the country to have a ``new birth of freedom.'' After the Civil War,
the States ratified the Civil War Amendments to the Constitution to
honor President Lincoln's promise. One of those amendments, the
Fifteenth Amendment, gave African Americans the right to vote. Decades
later, the Nineteenth Amendment gave women suffrage.
Despite this progress, many States passed laws during the Jim Crow
era to disenfranchise African Americans, including literacy tests, poll
taxes, and grandfather clauses. These States also passed laws that
banned people with certain convictions from voting. With the passage of
the Voting Rights Act of 1965, many of these State disenfranchising
laws were outlawed. But the ban on voting for people with certain
convictions was not touched and it remains the law in many States.
Today, 35 States restrict voting rights of persons who were formerly
incarcerated. In fact, felony disenfranchisement laws prevent 5.85
million Americans from voting. This is a staggering number of Americans
that do not have a say in our political process.
Punishment is a legitimate goal of our justice system. But once
someone has served their time and been released, we must help our
fellow citizens get back on their feet. As President George W. Bush
said in his State of the Union Address in 2004, ``America is the land
of second chance, and when the gates of the prison open, the path ahead
should lead to a better life.'' To further punish people who are back
in the community by denying them the right to vote counters the
expectation that citizens have rehabilitated themselves after a
conviction.
The Democracy Restoration Act would restore voting rights in Federal
elections to millions of disenfranchised Americans who have been
released from prison. It would require prisons receiving Federal funds
notify people about their right to vote in Federal elections upon
leaving prison or being sentenced to probation. It would empower the
Department of Justice and former offenders harmed by a violation of
this legislation with the right to sue.
This bill corrects a civil rights wrong. It would sweep away the last
vestige of Jim Crow laws. It would outlaw State disenfranchisement laws
that have a disparate impact on racial minorities. It would provide a
uniform standard to govern the restoration of voting rights.
This bill reforms the criminal justice system. Every year, over
600,000 people leave prison. We must find ways to reintegrate them back
into the community. Civic participation gives ex-offenders a stake in
government, which motivates law-abiding behavior and reduces the
likelihood of future crimes. No evidence exists that denying voting
rights to people after release from prison reduces crime. To the
contrary, it makes sense that people who have paid their debt to
society should reclaim their rights.
This bill builds off of the progress in the States. Recently, 8
States have either repealed or amended lifetime disenfranchisement
laws. Two states expanded voting rights to persons on probation or
parole. Ten States eased the restoration process for people seeking to
have their right to vote restored after the completion of their
sentence. The Federal Government should follow their lead.
Nothing is more powerful than an idea whose time has come. This
Congress can remedy the barriers to full citizenship faced by millions
of formerly incarcerated people in our country, if this bill is enacted
into law. Restoring the right to vote is good public policy.
To protect basic public safety and strengthen the core of our
democracy, I urge my fellow Senators to support the Democracy
Restoration Act and quickly pass this important legislation.
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