Every American Has the Right To Vote Act

Every American Has the Right To Vote Act

This bill prohibits states from denying or abridging the right of a U.S. citizen to vote in a federal election based on a criminal conviction. (Currently, some states disallow individuals from voting, either temporarily or indefinitely, after incarceration for a felony.)

Further, states and federal courts must notify individuals who are convicted of a criminal offense of their right to vote in federal elections.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8101 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8101

   To prohibit States from denying or abridging the right to vote in 
     elections for Federal office of individuals on the grounds of 
       conviction of a criminal offense, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 25, 2020

 Mrs. Demings introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To prohibit States from denying or abridging the right to vote in 
     elections for Federal office of individuals on the grounds of 
       conviction of a criminal offense, and for other purposes.

    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 ``Every American Has the Right To Vote 
Act''.

SEC. 2. RIGHT TO VOTE OF INDIVIDUALS CONVICTED OF CRIMINAL OFFENSE.

    (a) Right To Vote.--A State may not deny or abridge the right of an 
individual who is a citizen of the United States to vote in any 
election for Federal office on the grounds that the individual has been 
convicted of a criminal offense, and shall make such accommodations as 
the State considers necessary to enable an individual who has been 
convicted of a criminal offense to cast a ballot in such an election, 
including permitting the individual to vote by mail if the individual 
is unable to cast a ballot in person at a polling place.
    (b) Guarantee of Residency of Incarcerated Individuals for Purposes 
of Voting.--For the purposes of voting in any election for Federal 
office, an individual who is absent from a State or jurisdiction 
because the individual is incarcerated shall not, solely by reason of 
that absence--
            (1) be deemed to have lost a residence or domicile in that 
        State or jurisdiction;
            (2) be deemed to have acquired a residence or domicile in 
        any other State or jurisdiction; or
            (3) be deemed to have become a resident in or a resident of 
        any other State or jurisdiction.

SEC. 3. NOTIFICATION OF RETENTION OF VOTING RIGHTS.

    (a) State Notification.--At the time an individual is convicted of 
a criminal offense under the law of a State, the State shall notify the 
individual in writing that the individual's conviction of the offense 
does not affect the individual's right to vote in an election for 
Federal office and that the individual may register to vote in an 
election for Federal office if the individual is otherwise eligible to 
vote in the election.
    (b) Federal Notification.--At the time an individual is convicted 
of a criminal offense under Federal law, the court in which the 
individual is convicted shall notify the individual in writing that the 
individual's conviction of the offense does not affect the individual's 
right to vote in an election for Federal office and that the individual 
may register to vote in an election for Federal office if the 
individual is otherwise eligible to vote in the election.

SEC. 4. ENFORCEMENT.

    (a) Declaratory and Injunctive Relief.--The Attorney General may 
bring a civil action against any State or jurisdiction in an 
appropriate United States District Court for such declaratory and 
injunctive relief (including a temporary restraining order, a permanent 
or temporary injunction, or other order) as may be necessary to enforce 
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 State election official of the State involved.
            (2) Relief.--Except as provided in paragraph (3), if the 
        violation is not corrected within 20 days after receipt of a 
        notice under paragraph (1), or within 5 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. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) The term ``chief State election official'' means, with 
        respect to a State, the individual designated by the State 
        under section 10 of the National Voter Registration Act of 1993 
        (52 U.S.C. 20509) to be responsible for coordination of the 
        State's responsibilities under such Act.
            (2) The terms ``election'' and ``Federal office'' have 
        meaning given such terms in section 301 of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
            (3) The term ``State'' means each State, the District of 
        Columbia, the Commonwealth of Puerto Rico, Guam, American 
        Samoa, the United States Virgin Islands, and the Commonwealth 
        of the Northern Mariana Islands.

SEC. 6. EFFECTIVE DATE.

    This Act shall apply with respect to elections for Federal office 
held on or after the date of the enactment of this Act.
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