Democracy Restoration Act of 2021

II 117TH CONGRESS 1ST SESSION S. 481 To secure the Federal voting rights of persons when released from incarceration. IN THE SENATE OF THE UNITED STATES FEBRUARY 25, 2021 Mr. CARDIN (for himself, Mr. KAINE, Ms. BALDWIN, Mr. WARNER, Mr. BOOKER, Mr. LEAHY, Mr. BLUMENTHAL, Ms. WARREN, Mr. VAN HOL- LEN, Mr. SANDERS, Ms. SMITH, Ms. HIRONO, Ms. KLOBUCHAR, Mr. DURBIN, Mr. WHITEHOUSE, Mr. MARKEY, Mr. COONS, Mr. CASEY, Mr. BROWN, Mr. WYDEN, Mr. MENENDEZ, Mr. MERKLEY, Ms. DUCKWORTH, and Mr. BENNET) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Democracy Restoration 4 Act of 2021’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 VerDate Sep 11 2014 22:41 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S481.IS S481 tkelley on DSK125TN23PROD with BILLS 2 •S 481 IS (1) The right to vote is the most basic constitu- 1 tive act of citizenship. Regaining the right to vote 2 reintegrates individuals with criminal convictions 3 into free society, helping to enhance public safety. 4 (2) Article I, section 4, of the Constitution 5 grants Congress ultimate supervisory power over 6 Federal elections, an authority which has repeatedly 7 been upheld by the United States Supreme Court. 8 (3) Basic constitutional principles of fairness 9 and equal protection require an equal opportunity 10 for citizens of the United States to vote in Federal 11 elections. The right to vote may not be abridged or 12 denied by the United States or by any State on ac- 13 count of race, color, gender, or previous condition of 14 servitude. The 13th, 14th, 15th, 19th, 24th, and 15 26th Amendments to the Constitution empower Con- 16 gress to enact measures to protect the right to vote 17 in Federal elections. The 8th Amendment to the 18 Constitution provides for no excessive bail to be re- 19 quired, nor excessive fines imposed, nor cruel and 20 unusual punishments inflicted. 21 (4) There are 3 areas in which discrepancies in 22 State laws regarding criminal convictions lead to un- 23 fairness in Federal elections— 24 VerDate Sep 11 2014 22:41 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S481.IS S481 tkelley on DSK125TN23PROD with BILLS 3 •S 481 IS (A) the lack of a uniform standard for vot- 1 ing in Federal elections leads to an unfair dis- 2 parity and unequal participation in Federal 3 elections based solely on where a person lives; 4 (B) laws governing the restoration of vot- 5 ing rights after a criminal conviction vary 6 throughout the country and persons in some 7 States can easily regain their voting rights 8 while in other States persons effectively lose 9 their right to vote permanently; and 10 (C) State disenfranchisement laws dis- 11 proportionately impact racial and ethnic minori- 12 ties. 13 (5) State disenfranchisement laws vary widely. 14 Two States (Maine and Vermont) and the Common- 15 wealth of Puerto Rico do not disenfranchise individ- 16 uals with criminal convictions at all. In 2020, the 17 District of Columbia re-enfranchised its citizens who 18 are under the supervision of the Federal Bureau of 19 Prisons. In 30 States, individuals with convictions 20 may not vote while they are on parole and 28 of 21 those States disenfranchise individuals on felony 22 probation as well. In 11 States, a conviction can re- 23 sult in lifetime disenfranchisement. 24 VerDate Sep 11 2014 22:41 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S481.IS S481 tkelley on DSK125TN23PROD with BILLS 4 •S 481 IS (6) Several States deny the right to vote to in- 1 dividuals convicted of certain misdemeanors. 2 (7) In 2020, an estimated 5,200,000 citizens of 3 the United States, or about 1 in 44 adults in the 4 United States, could not vote as a result of a felony 5 conviction. Of the 5,200,000 citizens barred from 6 voting then, only 24 percent were in prison. By con- 7 trast, 75 percent of persons disenfranchised then re- 8 sided in their communities while on probation or pa- 9 role or after having completed their sentences. Ap- 10 proximately 2,200,000 citizens who had completed 11 their sentences were disenfranchised due to restric- 12 tive State laws. As of November 2018, the lifetime 13 ban for persons with certain felony convictions was 14 eliminated through a Florida ballot initiative. As a 15 result, as many as 1,400,000 people are now eligible 16 to have their voting rights restored. In 4 States— 17 Alabama, Florida, Mississippi, and Tennessee—more 18 than 7 percent of the total population is disenfran- 19 chised. 20 (8) In those States that disenfranchise individ- 21 uals post-sentence, the right to vote can be regained 22 in theory, but in practice this possibility is often 23 granted in a non-uniform and potentially discrimina- 24 tory manner. Disenfranchised individuals sometimes 25 VerDate Sep 11 2014 22:41 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S481.IS S481 tkelley on DSK125TN23PROD with BILLS 5 •S 481 IS must either obtain a pardon or an order from the 1 Governor or an action by the parole or pardon 2 board, depending on the offense and State. Individ- 3 uals convicted of a Federal offense often have addi- 4 tional barriers to regaining voting rights. 5 (9) State disenfranchisement laws dispropor- 6 tionately impact racial and ethnic minorities. In re- 7 cent years, African Americans have been imprisoned 8 at over 5 times the rate of Whites. More than 6 per- 9 cent of the voting-age African-American population, 10 or 1,800,000 African Americans, are disenfranchised 11 due to a felony conviction. In 9 States—Alabama 12 (16 percent), Arizona (13 percent), Florida (15 per- 13 cent), Kentucky (15 percent), Mississippi (16 per- 14 cent), South Dakota (14 percent), Tennessee (21 15 percent), Virginia (16 percent), and Wyoming (36 16 percent)—more than 1 in 8 African Americans are 17 unable to vote because of a felony conviction, twice 18 the national average for African Americans. 19 (10) Latino citizens are also disproportionately 20 disenfranchised based upon their disproportionate 21 representation in the criminal justice system. In re- 22 cent years, Latinos have been imprisoned at 2.5 23 times the rate of Whites. More than 2 percent of the 24 voting-age Latino population, or 560,000 Latinos, 25 VerDate Sep 11 2014 22:41 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S481.IS S481 tkelley on DSK125TN23PROD with BILLS 6 •S 481 IS are disenfranchised due to a felony conviction. In 34 1 States Latinos are disenfranchised at a higher rate 2 than the general population. In 11 States 4 percent 3 or more of Latino adults are disenfranchised due to 4 a felony conviction (Alabama, 4 percent; Arizona, 7 5 percent; Arkansas, 4 percent; Idaho, 4 percent; 6 Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 7 percent; Mississippi, 5 percent; Nebraska, 6 percent; 8 Tennessee, 11 percent, Wyoming, 4 percent), twice 9 the national average for Latinos. 10 (11) Disenfranchising citizens who have been 11 convicted of a criminal offense and who are living 12 and working in the community serves no compelling 13 State interest and hinders their rehabilitation and 14 reintegration into society. 15 (12) State disenfranchisement laws can sup- 16 press electoral participation among eligible voters by 17 discouraging voting among family and community 18 members of disenfranchised persons. Future elec- 19 toral participation by the children of disenfranchised 20 parents may be impacted as well. 21 (13) The United States is one of the only West- 22 ern democracies that permits the permanent denial 23 of voting rights for individuals with felony convic- 24 tions. 25 VerDate Sep 11 2014 22:41 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S481.IS S481 tkelley on DSK125TN23PROD with BILLS 7 •S 481 IS SEC. 3. RIGHTS OF CITIZENS. 1 The right of an individual who is a citizen of the 2 United States to vote in any election for Federal office 3 shall not be denied or abridged because that individual has 4 been convicted of a criminal offense unless such individual 5 is serving a felony sentence in a correctional institution 6 or facility at the time of the election. 7 SEC. 4. ENFORCEMENT. 8 (a) ATTORNEY GENERAL.—The Attorney General 9 may, in a civil action, obtain such declaratory or injunctive 10 relief as is necessary to remedy a violation of this Act. 11 (b) PRIVATE RIGHT OF ACTION.— 12 (1) IN GENERAL.—A person who is aggrieved 13 by a violation of this Act may provide written notice 14 of the violation to the chief election official of the 15 State involved. 16 (2) RELIEF.—Except as provided in paragraph 17 (3), if the violation is not corrected within 90 days 18 after receipt of a notice under paragraph (1), or 19 within 20 days after receipt of the notice if the viola- 20 tion occurred within 120 days before the date of an 21 election for Federal office, the aggrieved person 22 may, in a civil action, obtain declaratory or injunc- 23 tive relief with respect to the violation. 24 (3) EXCEPTION.—If the violation occurred 25 within 30 days before the date of an election for 26 VerDate Sep 11 2014 22:41 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S481.IS S481 tkelley on DSK125TN23PROD with BILLS 8 •S 481 IS Federal office, the aggrieved person need not provide 1 notice to the chief election official of the State under 2 paragraph (1) before bringing a civil action to obtain 3 declaratory or injunctive relief with respect to the 4 violation. 5 SEC. 5. NOTIFICATION OF RESTORATION OF VOTING 6 RIGHTS. 7 (a) STATE NOTIFICATION.— 8 (1) NOTIFICATION.—On the date determined 9 under paragraph (2), each State shall notify in writ- 10 ing any individual who has been convicted of a 11 criminal offense under the law of that State that 12 such individual has the right to vote in an election 13 for Federal office pursuant to the Democracy Res- 14 toration Act of 2021 and may register to vote in any 15 such election and provide such individuals with any 16 materials that are necessary to register to vote in 17 any such election. 18 (2) DATE OF NOTIFICATION.— 19 (A) FELONY CONVICTION.—In the case of 20 such an individual who has been convicted of a 21 felony, the notification required under para- 22 graph (1) shall be given on the date on which 23 the individual— 24 VerDate Sep 11 2014 22:41 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S481.IS S481 tkelley on DSK125TN23PROD with BILLS 9 •S 481 IS (i) is sentenced to serve only a term 1 of probation; or 2 (ii) is released from the custody of 3 that State (other than to the custody of 4 another State or the Federal Government 5 to serve a term of imprisonment for a fel- 6 ony conviction). 7 (B) MISDEMEANOR CONVICTION.—In the 8 case of such an individual who has been con- 9 victed of a misdemeanor, the notification re- 10 quired under paragraph (1) shall be given on 11 the date on which such individual is sentenced 12 by a State court. 13 (b) FEDERAL NOTIFICATION.— 14 (1) NOTIFICATION.—Any individual who has 15 been convicted of a criminal offense under Federal 16 law shall be notified in accordance with paragraph 17 (2) that such individual has the right to vote in an 18 election for Federal office pursuant to the Democ- 19 racy Restoration Act of 2021 and may register to 20 vote in any such election. 21 (2) DATE OF NOTIFICATION.— 22 (A) FELONY CONVICTION.—In the case of 23 such an individual who has been convicted of a 24 VerDate Sep 11 2014 22:41 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S481.IS S481 tkelley on DSK125TN23PROD with BILLS 10 •S 481 IS felony, the notification required under para- 1 graph (1) shall be given— 2 (i) in the case of an individual who is 3 sentenced to serve only a term of proba- 4 tion, by the Assistant Director for the Of- 5 fice of Probation and Pretrial Services of 6 the Administrative Office of the United 7 States Courts on the date on which the in- 8 dividual is sentenced; or 9 (ii) in the case of any individual com- 10 mitted to the custody of the Bureau of 11 Prisons, by the Director of the Bureau of 12 Prisons, during the period beginning on 13 the date that is 6 months before such indi- 14 vidual is released and ending on the date 15 such individual is released from the cus- 16 tody of the Bureau of Prisons. 17 (B) MISDEMEANOR CONVICTION.—In the 18 case of such an individual who has been con- 19 victed of a misdemeanor, the notification re- 20 quired under paragraph (1) shall be given on 21 the date on which such individual is sentenced 22 by a court established by an Act of Congress. 23 SEC. 6. DEFINITIONS. 24 For purposes of this Act: 25 VerDate Sep 11 2014 22:41 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S481.IS S481 tkelley on DSK125TN23PROD with BILLS 11 •S 481 IS (1) CORRECTIONAL INSTITUTION OR FACIL- 1 ITY.—The term ‘‘correctional institution or facility’’ 2 means any prison, penitentiary, jail, or other institu- 3 tion or facility for the confinement of individuals 4 convicted of criminal offenses, whether publicly or 5 privately operated, except that such term does not 6 include any residential community treatment center 7 (or similar public or private facility). 8 (2) ELECTION.—The term ‘‘election’’ means— 9 (A) a general, special, primary, or runoff 10 election; 11 (B) a convention or caucus of a political 12 party held to nominate a candidate; 13 (C) a primary election held for the selec- 14 tion of delegates to a national nominating con- 15 vention of a political party; or 16 (D) a primary election held for the expres- 17 sion of a preference for the nomination of per- 18 sons for election to the office of President. 19 (3) FEDERAL OFFICE.—The term ‘‘Federal of- 20 fice’’ means the office of President or Vice President 21 of the United States, or of Senator or Representa- 22 tive in, or Delegate or Resident Commissioner to, 23 the Congress of the United States. 24 VerDate Sep 11 2014 22:41 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S481.IS S481 tkelley on DSK125TN23PROD with BILLS 12 •S 481 IS (4) PROBATION.—The term ‘‘probation’’ means 1 probation, imposed by a Federal, State, or local 2 court, with or without a condition on the individual 3 involved concerning— 4 (A) the individual’s freedom of movement; 5 (B) the payment of damages by the indi- 6 vidual; 7 (C) per [Text truncated for display. 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