Removing Monetary Barriers to Voting Act
This bill establishes that an individual's right to vote in an election may not be denied or abridged due to debts owed for a criminal conviction.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8249 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8249
To prohibit the denial of the right to vote in elections for public
office on the grounds of owing fines, fees, or restitution relating to
a conviction of a criminal offense.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2020
Ms. Velazquez (for herself, Ms. Tlaib, Mrs. Napolitano, Mr. Deutch, Mr.
Larson of Connecticut, Mr. Lowenthal, Mr. Espaillat, Ms. Norton, Ms.
Lee of California, Mr. Cooper, Ms. Pressley, Ms. Ocasio-Cortez, Mr.
Kildee, Mr. Rush, Ms. Escobar, Mr. Evans, and Ms. Schakowsky)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To prohibit the denial of the right to vote in elections for public
office on the grounds of owing fines, fees, or restitution relating to
a conviction of a criminal offense.
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 ``Removing Monetary Barriers to Voting
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The 24th amendment to the Constitution of the United
States prohibits Congress and States conditioning the right to
vote in Federal elections on payment of any poll tax or any
other tax, and this prohibition was extended to States under
the 14th amendment in 1964 in Harper v. Virginia Board of
Elections.
(2) 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.
(3) An estimated 6,100,000 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. As of 2016, an
estimated 6,100,000 citizens, or about 1 in 40 adults in the
United States, could not vote as a result of a felony
convictions.
(4) At least 8 States explicitly prohibit individuals who
owe money associated with their criminal convictions from
voting. At least 22 other States have laws that can implicitly
prohibit individuals from voting because of unpaid legal debts,
either through requirements that individuals complete parole or
probation, which themselves hinge on payment of fines, fees or
restitution, or clemency restrictions based on unpaid legal
debts.
(5) Across the Nation, approximately 10 million individuals
owe a collective $50 billion in debt related to the criminal
justice system, and findings from 14 States show that families
on average owe $13,600 in fees and fines.
(6) State disenfranchisement laws additionally
disproportionately impact racial and ethnic minorities.
(7) The right to vote additionally 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, and 26th Amendments to the Constitution of
the United States empower Congress to enact measures to protect
the right to vote.
(8) Continuing to disenfranchise individuals who have
outstanding fees, fines, and restitution and who are living and
working in the community serves no State interest and hinders
their rehabilitation and reintegration into society.
SEC. 3. PROHIBITING DENIAL OF RIGHT TO VOTE ON GROUNDS OF OWING AMOUNTS
RELATING TO CONVICTION OF CRIMINAL OFFENSE.
(a) In General.--The right of an individual to vote in any election
for public office shall not be denied or abridged because that
individual owes an outstanding fine, fee, or restitution relating to
conviction of a criminal offense.
(b) Applicability.--The right of an individual to vote in any
election under subsection (a) shall apply notwithstanding if such
individual is on parole, probation, or any other form of supervision
solely related to an outstanding fine, fee, or restitution.
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 (4), 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 public office, the aggrieved person
may, in a civil action, obtain declaratory or injunctive relief
with respect to the violation.
(3) Attorney's fees.--In any action or proceeding to
enforce this Act against any governmental body, the court may
allow a prevailing plaintiff, other than the United States,
reasonable attorney's fees as part of the costs, and may
include expert fees as part of the attorney's fee.
(4) Exception.--If the violation occurred within 60 days
before the date of an election for public 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) Chief election official.--The term ``chief 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) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff election
for public office;
(B) a convention or caucus of a political party
held to nominate a candidate for public office;
(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) Fee.--The term ``fee'' means any surcharge, court cost,
administrative fee, or any monetary amount imposed to cover the
costs of the judicial system or to generate revenue.
(4) Fine.--The term ``fine'' means any monetary penalty
imposed by a court or other entity as punishment for conviction
of a crime.
(5) Restitution.--The term ``restitution'' means any
monetary sanction imposed by a court to compensate for actual
losses resulting from a crime.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, Guam, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.
SEC. 6. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this Act may
be construed to prohibit a States from enacting any State law which
affords the right to vote in any election for public 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 (52 U.S.C. 10301 et seq.) or the National Voter Registration
Act of 1993 (52 U.S.C. 20501 et seq.).
SEC. 7. EFFECTIVE DATE.
This Act shall apply with respect to individuals voting in any
election for public office held after the date of the enactment of this
Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line