Democracy Restoration Act of 2014 - 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 unless, at the time of the election, such individual is serving a felony sentence in a correctional institution or facility. Provides for enforcement of, and remedies for violations of, this Act.
Prohibits this Act from being construed to prohibit a state from enacting any state law that affords the right to vote in any election for federal office on terms less restrictive than those terms established by this Act. Declares that the rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law and shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 or the National Voter Registration Act of 1993.
Sets forth requirements for state and federal notification of individuals of the restoration of their voting rights.
Prohibits any state, local government, or other person from receiving or using any federal funds to construct or improve a place of incarceration unless that person has in effect a program to notify each U.S. citizen incarcerated in that person's jurisdiction, upon release from such incarceration, of that individual's rights under this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2235 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2235
To secure the Federal voting rights of persons when released from
incarceration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 10, 2014
Mr. Cardin (for himself, Mr. Leahy, Mr. Durbin, Mr. Whitehouse, Mr.
Booker, Mr. Harkin, Mr. Sanders, and Mrs. Gillibrand) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To secure the Federal voting rights of persons when released from
incarceration.
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 2014''.
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 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 Act.
(b) Private Right of Action.--
(1) In general.--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) 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
2014 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 2014 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 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 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 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 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 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2381-2382)
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights. Hearings held.
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