Democracy Restoration Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 196 To secure the Federal voting rights of persons when released from incarceration. IN THE HOUSE OF REPRESENTATIVES JANUARY 3, 2019 Mr. NADLER (for himself, Ms. JACKSON LEE, Mr. COHEN, Mr. JOHNSON of Georgia, Mr. RASKIN, Mr. CICILLINE, Ms. NORTON, Ms. LOFGREN, Ms. JAYAPAL, Mr. LEWIS, Ms. JUDY CHU of California, Mr. ESPAILLAT, Ms. LEE of California, Mr. DEFAZIO, Mr. RUSH, Ms. WILSON of Florida, Ms. KAPTUR, Ms. SCHAKOWSKY, Mr. TED LIEU of California, Mrs. WATSON COLEMAN, Mr. MCEACHIN, Mr. CUMMINGS, Mr. BLUMENAUER, Ms. MOORE, Mr. PASCRELL, Mrs. CAROLYN B. MALONEY of New York, Ms. SEWELL of Alabama, Mr. QUIGLEY, Mr. TAKANO, Ms. WASSERMAN SCHULTZ, Ms. CLARKE of New York, Mr. YARMUTH, Mr. DANNY K. DAVIS of Illinois, and Mr. RICHMOND) introduced the following bill; which was 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 2019’’. 5 VerDate Sep 11 2014 19:16 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H196.IH H196 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 196 IH SEC. 2. FINDINGS. 1 Congress makes the following findings: 2 (1) The right to vote is the most basic constitu- 3 tive act of citizenship. Regaining the right to vote 4 reintegrates individuals with criminal convictions 5 into free society, helping to enhance public safety. 6 (2) Article I, section 4, of the Constitution 7 grants Congress ultimate supervisory power over 8 Federal elections, an authority which has repeatedly 9 been upheld by the United States Supreme Court. 10 (3) Basic constitutional principles of fairness 11 and equal protection require an equal opportunity 12 for citizens of the United States to vote in Federal 13 elections. The right to vote may not be abridged or 14 denied by the United States or by any State on ac- 15 count of race, color, gender, or previous condition of 16 servitude. The 13th, 14th, 15th, 19th, 24th, and 17 26th Amendments to the Constitution empower Con- 18 gress to enact measures to protect the right to vote 19 in Federal elections. The 8th Amendment to the 20 Constitution provides for no excessive bail to be re- 21 quired, nor excessive fines imposed, nor cruel and 22 unusual punishments inflicted. 23 (4) There are 3 areas in which discrepancies in 24 State laws regarding criminal convictions lead to un- 25 fairness in Federal elections— 26 VerDate Sep 11 2014 19:16 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H196.IH H196 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 196 IH (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) Two States do not disenfranchise individ- 14 uals with criminal convictions at all (Maine and 15 Vermont), but 48 States and the District of Colum- 16 bia have laws that deny convicted individuals the 17 right to vote while they are in prison. 18 (6) In some States disenfranchisement results 19 from varying State laws that restrict voting while in- 20 dividuals are under the supervision of the criminal 21 justice system or after they have completed a crimi- 22 nal sentence. In 33 States, convicted individuals may 23 not vote while they are on parole and 29 of those 24 States disenfranchise individuals on felony probation 25 VerDate Sep 11 2014 19:16 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H196.IH H196 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 196 IH as well. In 11 States, a conviction can result in life- 1 time disenfranchisement. 2 (7) Several States deny the right to vote to in- 3 dividuals convicted of certain misdemeanors. 4 (8) An estimated 6,100,000 citizens of the 5 United States, or about 1 in 40 adults in the United 6 States, currently cannot vote as a result of a felony 7 conviction. Of the 6,100,000 citizens barred from 8 voting, only 23 percent are in prison. By contrast, 9 77 percent of the disenfranchised reside in their 10 communities while on probation or parole or after 11 having completed their sentences. Approximately 12 3,100,000 citizens who have completed their sen- 13 tences remain disenfranchised due to restrictive 14 State laws. In at least 6 States—Alabama, Florida, 15 Kentucky, Mississippi, Tennessee, and Virginia— 16 more than 7 percent of the total population is 17 disenfranchised. 18 (9) In those States that disenfranchise individ- 19 uals post-sentence, the right to vote can be regained 20 in theory, but in practice this possibility is often 21 granted in a non-uniform and potentially discrimina- 22 tory manner. Disenfranchised individuals must ei- 23 ther obtain a pardon or an order from the Governor 24 or an action by the parole or pardon board, depend- 25 VerDate Sep 11 2014 19:16 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H196.IH H196 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 196 IH ing on the offense and State. Individuals convicted 1 of a Federal offense often have additional barriers to 2 regaining voting rights. 3 (10) State disenfranchisement laws dispropor- 4 tionately impact racial and ethnic minorities. More 5 than 7 percent of the African-American population, 6 or 2,200,000 African-Americans, are 7 disenfranchised. Currently, 1 of every 13 African- 8 Americans are rendered unable to vote because of 9 felony disenfranchisement, which is a rate more than 10 4 times greater than non African-Americans. Over 7 11 percent of African-American adults are 12 disenfranchised whereas only 1.8 percent of non Af- 13 rican-Americans are. In 4 States (Kentucky, 26 per- 14 cent; Virginia, 22 percent; Florida, 21 percent; and 15 Tennessee, 21 percent), more than 1 in 5 African- 16 Americans are unable to vote because of prior con- 17 victions. 18 (11) Latino citizens are disproportionately 19 disenfranchised based upon their disproportionate 20 representation in the criminal justice system. If cur- 21 rent incarceration trends hold, 17 percent of Latino 22 men will be incarcerated during their lifetimes, in 23 contrast to less than 6 percent of non-Latino White 24 men. When analyzing the data across 10 States, 25 VerDate Sep 11 2014 19:16 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H196.IH H196 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 196 IH Latinos generally have disproportionately higher 1 rates of disenfranchisement compared to their pres- 2 ence in the voting age population. In 6 out of 10 3 States studied in 2003, Latinos constitute more 4 than 10 percent of the total number of persons 5 disenfranchised by State felony laws. In 4 States 6 (California, 37 percent; New York, 34 percent; 7 Texas, 30 percent; and Arizona, 27 percent), 8 Latinos were disenfranchised by a rate of more than 9 25 percent. 10 (12) 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 (13) 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 (14) The United States is the only Western de- 22 mocracy that permits the permanent denial of voting 23 rights for individuals with felony convictions. 24 VerDate Sep 11 2014 19:16 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H196.IH H196 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 196 IH 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 19:16 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H196.IH H196 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 196 IH 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 2019 and may register to vote in any 15 such election. 16 (2) DATE OF NOTIFICATION.— 17 (A) FELONY CONVICTION.—In the case of 18 such an individual who has been convicted of a 19 felony, the notification required under para- 20 graph (1) shall be given on the date on which 21 the individual— 22 (i) is sentenced to serve only a term 23 of probation; or 24 VerDate Sep 11 2014 19:16 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H196.IH H196 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 196 IH (ii) is released from the custody of 1 that State (other than to the custody of 2 another State or the Federal Government 3 to serve a term of imprisonment for a fel- 4 ony conviction). 5 (B) MISDEMEANOR CONVICTION.—In the 6 case of such an individual who has been con- 7 victed of a misdemeanor, the notification re- 8 quired under paragraph (1) shall be given on 9 the date on which such individual is sentenced 10 by a State court. 11 (b) FEDERAL NOTIFICATION.— 12 (1) NOTIFICATION.—Any individual who has 13 been convicted of a criminal offense under Federal 14 law shall be notified in accordance with paragraph 15 (2) that such individual has the right to vote in an 16 election for Federal office pursuant to the Democ- 17 racy Restoration Act of 2019 and may register to 18 vote in any such election. 19 (2) DATE OF NOTIFICATION.— 20 (A) FELONY CONVICTION.—In the case of 21 such an individual who has been convicted of a 22 felony, the notification required under para- 23 graph (1) shall be given— 24 VerDate Sep 11 2014 19:16 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H196.IH H196 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 196 IH (i) in the case of an individual who is 1 sentenced to serve only a term of proba- 2 tion, by the Assistant Director for the Of- 3 fice of Probation and Pretrial Services of 4 the Administrative Office of the United 5 States Courts on the date on which the in- 6 dividual is sentenced; or 7 (ii) in the case of any individual com- 8 mitted to the custody of the Bureau of 9 Prisons, by the Director of the Bureau of 10 Prisons, during the period beginning on 11 the date that is 6 months before such indi- 12 vidual is released and ending on the date 13 such individual is released from the cus- 14 tody of the Bureau of Prisons. 15 (B) MISDEMEANOR CONVICTION.—In the 16 case of such an individual who has been con- 17 victed of a misdemeanor, the notification re- 18 quired under paragraph (1) shall be given on 19 the date on which such individual is sentenced 20 by a court established by an Act of Congress. 21 SEC. 6. DEFINITIONS. 22 For purposes of this Act: 23 (1) CORRECTIONAL INSTITUTION OR FACIL- 24 ITY.—The term ‘‘correctional institution or facility’’ 25 VerDate Sep 11 2014 19:16 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H196.IH H196 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 196 IH means any prison, penitentiary, jail, or other institu- 1 tion or facility for the confinement of individuals 2 convicted of criminal offenses, whether publicly or 3 privately operated, except that such term does not 4 include any residential community treatment center 5 (or similar public or private facility). 6 (2) ELECTION.—The term ‘‘election’’ means— 7 (A) a general, special, primary, or runoff 8 election; 9 (B) a convention or caucus of a political 10 party held to nominate a candidate; 11 (C) a primary election held for the selec- 12 tion of delegates to a national nominating con- 13 vention of a political party; or 14 (D) a primary election held for the expres- 15 sion of a preference for the nomination of per- 16 sons for election to the office of President. 17 (3) FEDERAL OFFICE.—The term ‘‘Federal of- 18 fice’’ means the office of President or Vice President 19 of the United States, or of Senator or Representa- 20 tive in, or Delegate or Resident Commissioner to, 21 the Congress of the United States. 22 (4) PROBATION.—The term ‘‘probation’’ means 23 probation, imposed by a Federal, State, or local 24 VerDate Sep 11 2014 19:16 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H196.IH H196 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 196 IH court, with or without a condition on the individual 1 involved concerning— 2 (A) the individual’s freedom [Text truncated for display. 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