[Congressional Record Volume 162, Number 33 (Tuesday, March 1, 2016)]
[Senate]
[Pages S1143-S1144]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3360. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 524, to authorize the Attorney General to award
grants to address the national epidemics of prescription opioid abuse
and heroin use; which was ordered to lie on the table; as follows:
At the end, add the following:
TITLE __--DEMOCRACY RESTORATION ACT
SEC. __1. SHORT TITLE.
This title may be cited as the ``Democracy Restoration Act
of 2016''.
SEC. __2. FINDINGS.
Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates
individuals with criminal convictions into free society,
helping to enhance public safety.
(2) Article I, section 4, of the Constitution grants
Congress ultimate supervisory power over Federal elections,
an authority which has repeatedly been upheld by the United
States Supreme Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States 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 13th, 14th, 15th, 19th, 24th, and
26th Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections.
The 8th Amendment to the Constitution provides for no
excessive bail to be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
(4) There are 3 areas where discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections--
(A) the lack of a uniform standard for voting in Federal
elections 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
criminal 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) Two States do not disenfranchise individuals with
criminal convictions at all (Maine and Vermont), but 48
States and the District of Columbia have laws that deny
convicted individuals the right to vote while they are in
prison.
(6) In some States disenfranchisement results from varying
State laws that restrict voting while individuals are under
the supervision of the criminal justice system or after they
have completed a criminal sentence. In 35 States, convicted
individuals may not vote while they are on parole and 31 of
those States disenfranchise individuals on felony probation
as well. In 11 States, a conviction can result in lifetime
disenfranchisement.
(7) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(8) An estimated 5,850,000 citizens of the United States,
or about 1 in 40 adults in the United States, currently
cannot vote as a result of a felony conviction. Of the
5,850,000 citizens barred from voting, only 25 percent are in
prison. By contrast, 75 percent of the disenfranchised reside
in their communities while on probation or parole or after
having completed their sentences. Approximately 2,600,000
citizens who have completed their sentences remain
disenfranchised due to restrictive State laws. In 6 States--
Alabama, Florida, Kentucky, Mississippi, Tennessee, and
Virginia--more than 7 percent of the total population is
disenfranchised.
(9) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform
and potentially discriminatory manner. Disenfranchised
individuals must either obtain a pardon or an order from the
Governor or an action by the parole or pardon board,
depending on the offense and State. Individuals convicted of
a Federal offense often have additional barriers to regaining
voting rights.
(10) 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 1 in 3 of the next generation of African-
American men will be disenfranchised at some point
[[Page S1144]]
during their lifetime. Currently, 1 of every 13 African-
Americans are rendered unable to vote because of felony
disenfranchisement, which is a rate 4 times greater than non
African-Americans. 7.7 percent of African-Americans are
disenfranchised whereas only 1.8 percent of non African-
Americans are. In 3 States--Florida (23 percent), Kentucky
(22 percent), and Virginia (20 percent)--more than 1 in 5
African-Americans are unable to vote because of prior
convictions.
(11) Latino citizens are disproportionately disenfranchised
based upon their disproportionate representation in the
criminal justice system. If current incarceration trends
hold, 17 percent of Latino men will be incarcerated during
their lifetimes, in contrast to less than 6 percent of non-
Latino White men. When analyzing the data across 10 States,
Latinos generally have disproportionately higher rates of
disenfranchisement compared to their presence in the voting
age population. In 6 out of 10 States studied in 2003,
Latinos constitute more than 10 percent of the total number
of persons disenfranchised by State felony laws. In 4 States
(California, 37 percent; New York, 34 percent; Texas, 30
percent; and Arizona, 27 percent), Latinos were
disenfranchised by a rate of more than 25 percent.
(12) Disenfranchising citizens who have been convicted of a
criminal offense and who are living and working in the
community serves no compelling State interest and hinders
their rehabilitation and reintegration into society.
(13) 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.
(14) The United States is the only Western democracy that
permits the permanent denial of voting rights for 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 title.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this title 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 of 2016 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.--Any individual who has been convicted of
a criminal offense under Federal law shall be notified in
accordance with paragraph (2) that such individual has the
right to vote in an election for Federal office pursuant to
the Democracy Restoration Act of 2016 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--
(i) in the case of an individual who is sentenced to serve
only a term of probation, by the Assistant Director for the
Office of Probation and Pretrial Services of the
Administrative Office of the United States Courts on the date
on which the individual is sentenced; or
(ii) in the case of any individual committed to the custody
of the Bureau of Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the date that is 6
months before such individual is released and ending on the
date such individual is released from the custody of the
Bureau of Prisons.
(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 court
established by an Act of Congress.
SEC. __6. DEFINITIONS.
For purposes of this title:
(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
title 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 title.
(b) Certain Federal Acts.--The rights and remedies
established by this title are in addition to all other rights
and remedies provided by law, and neither rights and remedies
established by this title 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 funds
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 title shall apply to citizens of the United States
voting in any election for Federal office held after the date
of the enactment of this title.
______