Civil Rights Voting 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 the individual has been convicted of a non-violent criminal offense, unless, at the time of the election, the individual is serving a sentence in a correctional facility or a term of probation.
Restores the right to vote of an individual on probation: (1) on the date the term of probation ends, if such term is less than one year; or (2) one year after the date the individual begins serving the term of probation, if such term is one year or longer.
Directs the Attorney General to determine and establish a list of the criminal offenses under federal and state law that are non-violent criminal offenses.
Provides for enforcement of, and remedies for violations of, this Act.
Sets forth requirements for state and federal notification of individuals of their voting rights pursuant to this Act.
Prohibits a state, local government, or other person from receiving or using federal grant amounts to construct or improve a place of incarceration unless that person has in effect a program under which each incarcerated individual is notified, upon release, of his or her rights under this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2550 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2550
To secure the Federal voting rights of non-violent persons when
released from incarceration.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 26, 2014
Mr. Paul (for himself and Mr. Reid) 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 non-violent 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 ``Civil Rights Voting Restoration Act
of 2014''.
SEC. 2. DEFINITIONS.
In 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) Non-violent criminal offense.--The term ``non-violent
criminal offense'' means any offense that is not a crime of
violence (as defined in section 16 of title 18, United States
Code).
(5) Probation.--The term ``probation'' means probation or
parole supervision, imposed by a Federal, State, or local court
or parole board, 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 parole board; or
(D) supervision of the individual by an officer of
the court or parole board.
SEC. 3. RIGHTS OF CITIZENS.
(a) Right To Vote.--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 the individual has been convicted of a
non-violent criminal offense, unless, at the time of the election, the
individual--
(1) is serving a sentence in a correctional institution or
facility; or
(2) subject to subsection (b), is serving a term of
probation.
(b) Restoration of Voting Rights for Individuals on Probation.--An
individual who is serving a term of probation shall have the right to
vote restored in any election for Federal office--
(1) on the date on which the term of probation ends, if the
term of probation is less than 1 year; or
(2) on the date that is 1 year after the date on which the
individual begins serving the term of probation, if the term of
probation is 1 year or longer.
(c) Effective Date.--This section shall take effect 1 year after
the date of enactment of this Act.
SEC. 4. ATTORNEY GENERAL DESIGNATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Attorney General shall determine which criminal
offenses under Federal law and the laws of each State are non-violent
criminal offenses and establish a list of all such offenses.
(b) Requirements.--The list established under subsection (a) shall
be--
(1) made publically available, in a searchable format, on
the website of the Department of Justice; and
(2) updated no less frequently than every year.
SEC. 5. 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. 6. 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 non-violent criminal offense under the law
of that State that the individual has, pursuant to this Act,
the right to vote in an election for Federal office and to
register to vote in any such election, subject to section 7(c).
(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 the individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--On the date determined under paragraph
(2), the Director of the Bureau of Prisons shall notify in
writing any individual who has been convicted of a non-violent
criminal offense under Federal law that the individual has,
pursuant to this Act, the right to vote in an election for
Federal office and to register to vote in any such election,
subject to section 7(c).
(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 by a court established by an Act of
Congress; or
(ii) is released from the custody of the
Bureau of Prisons (other than to the custody of
a State 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 the individual is sentenced
by a State 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--
(1) are in addition to all other rights and remedies
provided by law; and
(2) shall not 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).
(c) State Laws Relating to Voter Registration.--Nothing in this Act
shall be construed to preempt State laws relating to the timing of
voter registration for any election for Federal office.
SEC. 8. FEDERAL PRISON FUNDS.
(a) In General.--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 grant amounts unless
that person has in effect a program under which each individual
incarcerated in that person's jurisdiction is notified, upon release
from such incarceration, of that individual's rights under section 3.
(b) State Non-Compliance With Notification Requirements.--No State
may receive or use, to construct or otherwise improve a prison, jail,
or other place of incarceration, any Federal grant amounts unless the
State is in compliance with the notification requirements under section
6(a).
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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