Second Chance Voting Rights Act of 2006 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense. Applies this Act to a convicted individual upon his or her unconditional release from incarceration and completion of his or her sentence, including parole.
Provides for enforcement of, and remedies for, violations of this Act.
Prohibits construing this Act to prohibit states from affording the right to vote in any federal election on less restrictive terms.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4762 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4762
To secure the Federal voting rights of a person upon the unconditional
release of that person from prison and the completion of sentence,
including parole.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2006
Ms. Millender-McDonald introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To secure the Federal voting rights of a person upon the unconditional
release of that person from prison and the completion of sentence,
including parole.
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 ``Second Chance Voting Rights Act of
2006''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The right to vote is the most fundamental act performed
by citizens in our great representative democracy.
(2) Citizen participation in local, State, and Federal
elections is the primary means to assure representation of many
constituent groups in the political process.
(3) More than 500,000 Americans who were convicted of
felony crimes have served their entire sentence and stand free
and clear of incarceration and parole.
(4) It is the civic duty of every citizen of the United
States to vote in any election in order to guarantee full and
fair representation of all interests.
(5) Allowing ex-offenders to vote restores them to their
role as responsible citizens in this great country whose
greatness is strengthened by the civic rehabilitation and
participation of all nonvoting citizens.
(6) The States of Alaska, Arkansas, California, Colorado,
Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana,
Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana,
New Hampshire, New Jersey, New York, North Dakota, Ohio,
Oregon, Pennsylvania, Rhode Island, South Carolina, South
Dakota, West Virginia, and Wisconsin, and the District of
Columbia, restore the right to vote automatically upon the
completion of sentence, including parole.
(7) The United States should ensure that the Federal voting
rights of a person are restored upon the unconditional release
of that person from prison and the completion of sentence,
including parole.
SEC. 3. FEDERAL VOTING RIGHTS OF INDIVIDUALS WHO HAVE BEEN CONVICTED OF
A CRIMINAL OFFENSE.
(a) In General.--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.
(b) Applicability.--Subsection (a) shall apply to an individual
convicted of a criminal offense upon the unconditional release of that
individual from incarceration for that offense and the completion of
sentence for that offense, including parole.
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. DEFINITIONS.
For purposes of this Act--
(1) 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; and
(2) 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.
SEC. 6. RELATION TO OTHER LAWS.
(a) State Laws.--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) Federal Laws.--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).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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