,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ddei ,,in ,,the ,,house ,,of ,,representatives ,april #aj1 #bjad ,mr4 ,conyers 7for himself1 ,ms4 ,brown of ,florida1 ,mr4 ,clay1 ,mr4 ,cohen1 ,mr4 ,grayson1 ,mr4 ,grijalva1 ,mr4 ,gutirrez1 ,mr4 ,honda1 ,ms4 ,jackson ,lee1 ,mr4 ,jeffries1 ,ms4 ,lee of ,california1 ,mr4 ,mc,govern1 ,ms4 ,moore1 ,mr4 ,moran1 ,mr4 ,nadler1 ,ms4 ,norton1 ,mr4 ,payne1 ,mr4 ,richmond1 ,ms4 ,schakowsky1 and ,mr4 ,serrano7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to secure the ,federal voting rights of persons who have been released from incarceration4 #a4 ,short title ,this ,act may be cited as the ,democracy ,restoration ,act of #bjad4 #b4 ,findings ,the ,congress makes the following findings3 7#a7 ,the right to vote is the most basic constitutive act of citizenship4 ,regaining the right to vote reintegrates individuals with criminal convictions into free society1 helping to enhance public safety4 7#b7 ,article ,i1 section #d of the ,constitution grants ,congress ultimate supervisory power over ,federal elections1 an authority which has repeatedly been upheld by the ,united ,states ,supreme ,court4 7#c7 ,basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the ,united ,states to vote in ,federal elections4 ,the right to vote may not be abridged or denied by the ,united ,states or by any ,state on account of race1 color1 gender or previous condition of servitude4 ,the #acth1 #adth1 #aeth1 #aith1 #bdth1 and #bfth ,amendments to the ,constitution empower ,congress to enact measures to protect the right to vote in ,federal elections4 ,the #hth ,amendment to the ,constitution provides for no excessive bail to be required1 nor excessive fines imposed1 nor cruel and unusual punishments inflicted4 7#d7 ,there are #c areas in which discrepancies in ,state laws regarding criminal convictions lead to unfairness3 7,a7 ,the lack of a uniform standard for voting in ,federal elections leads to an unfair disparity and unequal participation in ,federal elections based solely on where a person lives4 7,b7 ,laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some ,states can easily regain their voting rights while in other ,states persons effectively lose their right to vote permanently4 7,c7 ,state disenfranchisement laws disproportionately impact racial and ethnic minorities4 7#e7 ,two ,states do not disenfranchise individuals with criminal convictions at all 7,maine and ,vermont71 but #dh ,states and the ,district of ,columbia have laws that deny convicted individuals the right to vote while they are in prison4 7#f7 ,in some ,states disenfranchisement results from varying ,state laws that restrict voting while individuals are under the supervision of the criminal justice system or after they have completed a criminal sentence4 ,in #ce ,states1 convicted individuals may not vote while they are on parole and #ca of those ,states disenfranchise individuals on felony probation as well4 ,in #aa ,states1 a conviction can result in lifetime disenfranchisement4 7#g7 ,several ,states deny the right to vote to individuals convicted of certain misdemeanors4 7#h7 ,an estimated #e1hej1jjj citizens of the ,united ,states1 or about #a in #dj adults in the ,united ,states1 currently cannot vote as a result of a felony conviction4 ,of the estimated #e1hej1jjj citizens barred from voting1 only #be percent are in prison4 ,by contrast1 #ge percent of the disenfranchised reside in their communities while on probation or parole or after having completed their sentences4 ,approximately #b1fjj1jjj citizens who have completed their sentences remain disenfranchised due to restrictive state laws4 ,in #f ,states 7,alabama1 ,florida1 ,kentucky1 ,mississippi1 ,tennessee1 and ,virginia7 more than #g percent of the total population is disenfranchised4 7#i7 ,in those ,states that disenfranchise individuals who have completed their sentence1 the right to vote can be regained in theory1 but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner4 ,disenfranchised individuals must either obtain a pardon or an order from the ,governor or an action by the parole or pardon board1 depending on the offense and ,state4 ,individuals convicted of a ,federal offense often have additional barriers to regaining voting rights4 7#aj7 ,state disenfranchisement laws disproportionately impact racial and ethnic minorities4 ,approximately #h percent of the ,african-,american population1 or more than #b1jjj1jjj ,african-,americans1 are disenfranchised4 ,given current rates of incarceration1 approximately #a in #c of the next generation of ,african-,american men will be disenfranchised at some point during their lifetimes4 ,currently1 #a of every #ac ,african-,americans are rendered unable to vote because of felony disenfranchisement1 a rate #d times greater than non ,african-,americans 7#g4g percent of ,african-,americans versus #a4h percent of non ,african-,americans74 ,in #c ,states 7,florida1 #bc percent2 ,kentucky1 #bb percent2 and ,virginia1 #bj percent7 more than #a in #e ,african-,americans are unable to vote because of prior convictions4 7#aa7 ,latino citizens are disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system4 ,if current incarceration trends hold1 #ag percent of ,latino men will be incarcerated during their lifetimes1 in contrast to less than #f percent of non-,latino ,white men4 ,when analyzing the data across #aj ,states1 ,latinos generally have disproportionately higher rates of disenfranchisement compared to their presence in the voting age population4 ,in #f out of #aj ,states studied in #bjjc1 ,latinos constitute more than #aj percent of the total number of persons disenfranchised by ,state felony laws4 ,in #d ,states 7,california1 #cg percent2 ,new ,york1 #cd percent2 ,texas1 #cj percent2 and ,arizona1 #bg percent7 ,latinos were disenfranchised by a rate of more than #be percent4 7#ab7 ,disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling ,state interest and hinders their rehabilitation and reintegration into society4 7#ac7 ,state disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons4 ,future electoral participation by the children of disenfranchised parents may be impacted as well4 7#ad7 ,the ,united ,states is the only ,western democracy that permits the permanent denial of voting rights for individuals with felony convictions4 #c4 ,rights of citizens 7a7 ,protection of ,rights ,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 that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election4 7b7 ,conditioning ,use of ,federal ,prison ,funds on ,notification of ,rights 7#a7 ,in general ,no ,state1 unit of local government1 or other person may receive or use1 to construct or otherwise improve a prison1 jail1 or other place of incarceration1 any ,federal grant amounts unless that person has in effect a program under which each individual incarcerated in that person's jurisdiction who is a citizen of the ,united ,states is notified1 upon release from such incarceration1 of that individual's rights under this section4 7#b7 ,effective date ,paragraph 7#a7 shall apply with respect to fiscal year #bjae and each succeeding fiscal year4 #d4 ,enforcement 7a7 ,attorney general ,the ,attorney ,general may1 in a civil action1 obtain such declaratory or injunctive relief as is necessary to remedy a violation of this ,act4 7b7 ,private right of action 7#a7 ,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 involved4 7#b7 ,relief ,except as provided in paragraph 7#c71 if the violation is not corrected within #ij days after receipt of a notice under paragraph 7#a71 or within #bj days after receipt of the notice if the violation occurred within #abj days before the date of an election for ,federal office1 the aggrieved person may1 in a civil action1 obtain declaratory or injunctive relief with respect to the violation4 7#c7 ,exception ,if the violation occurred within #cj days before the date of an election for ,federal office1 the aggrieved person need not provide notice to the chief election official of the ,state under paragraph 7#a7 before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation4 #e4 ,notification of restoration of voting rights 7a7 ,state notification 7#a7 ,notification ,on the date determined under paragraph 7#b71 each ,state shall notify in writing any individual who has been convicted of a criminal offense under the law of that ,state that such individual has the right to vote in an election for ,federal office pursuant to this ,act and may register to vote in any such election4 7#b7 ,date of notification 7,a7 ,felony conviction ,in the case of such an individual who has been convicted of a felony1 the notification required under paragraph 7#a7 shall be given on the date on which the individual-- 7i7 is sentenced to serve only a term of probation2 or 7ii7 is released from the custody of that ,state 7other than to the custody of another ,state or the ,federal ,government to serve a term of imprisonment for a felony conviction74 7,b7 ,misdemeanor conviction ,in the case of such an individual who has been convicted of a misdemeanor1 the notification required under paragraph 7#a7 shall be given on the date on which such individual is sentenced by a ,state court4 7b7 ,federal notification 7#a7 ,notification ,on the date determined under paragraph 7#b71 the applicable official shall notify in writing any individual who has been convicted of a criminal offense under ,federal law that such individual has the right to vote in an election for ,federal office pursuant to this ,act and may register to vote in any such election4 7#b7 ,date of notification 7,a7 ,felony conviction ,in the case of an individual who is convicted of a felony1 the notification required under paragraph 7#a7 shall be given-- 7i7 in the case of an individual who is sentenced to serve only a term of probation by the ,federal court1 on the date on which the individual is sentenced2 or 7ii7 in the case of any other such individual1 at any time during the #f-month period which ends on the date on which the individual is released from the custody of the ,bureau of ,prisons 7unless the individual is released to the custody of a ,state to serve a term of imprisonment for a felony conviction74 7,b7 ,misdemeanor conviction ,in the case of an individual who has been convicted of a misdemeanor under ,federal law1 the notification required under paragraph 7#a7 shall be given on the date on which such individual is sentenced by the ,federal court4 7#c7 ,applicable official ,for purposes of this subsection1 the applicable official is1 with respect to an individual who has been convicted of a criminal offense under ,federal law-- 7,a7 in the case of an individual who has been convicted of a misdemeanor1 the ,director of the ,bureau of ,prisons2 7,b7 in the case of an individual who has been convicted of a felony but sentenced to serve only a term of probation1 the head of the office responsible for probation and pretrial services with respect to the ,federal court involved2 or 7,c7 in the case of any other individual who has been convicted of a felony1 the ,director of the ,bureau of ,prisons4 #f4 ,definitions ,for purposes of this ,act3 7#a7 ,correctional institution or facility ,the term correctional institution or facility means any prison1 penitentiary1 jail1 or other institution or facility for the confinement of individuals convicted of criminal offenses1 whether publicly or privately operated1 except that such term does not include any residential community treatment center 7or similar public or private facility74 7#b7 ,election ,the term election means-- 7,a7 a general1 special1 primary1 or runoff election2 7,b7 a convention or caucus of a political party held to nominate a candidate2 7,c7 a primary election held for the selection of delegates to a national nominating convention of a political party2 or 7,d7 a primary election held for the expression of a preference for the nomination of persons for election to the office of ,president4 7#c7 ,federal office ,the term ,federal office means the office of ,president or ,vice ,president1 or of ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress4 7#d7 ,probation ,the term probation means probation1 imposed by a ,federal1 ,state1 or local court1 with or without a condition on the individual involved concerning-- 7,a7 the individual's freedom of movement2 7,b7 the payment of damages by the individual2 7,c7 periodic reporting by the individual to an officer of the court2 or 7,d7 supervision of the individual by an officer of the court4 #g4 ,relation to other laws 7a7 ,state ,laws ,relating to ,voting ,rights ,nothing in this ,act shall be construed to prohibit any ,state 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 ,act4 7b7 ,certain ,federal ,acts ,the rights and remedies established by this ,act are in addition to all other rights and remedies provided by law1 and neither rights and remedies established by this ,act shall supersede1 restrict1 or limit the application of the ,voting ,rights ,act of #aife 7#db ,u4,s4,c4 #aigc et seq47 or the ,national ,voter ,registration ,act of #aiic 7#db ,u4,s4,c4 #aigc-;gg et seq474 #h4 ,effective date ,this ,act shall apply with respect to elections for ,federal office held after the date of the enactment of this ,act4