S. 1516Senate111th Congress (2009-2011)In Committee

Democracy Restoration Act of 2009

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S8096-8097)

Judiciary Committee

July 24, 2009

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SenateIntro Referral

Introduced in Senate

July 24, 2009

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S8095-8096)

July 24, 2009

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S8096-8097)

Judiciary Committee

July 24, 2009

Floor Debate

1 member

What members said about S. 1516 on the floor

1 Democrat

Sen. Russell D. FeingoldD-WI · Jul 24, 2009

Mr. President, in a democracy, no right is more important than the right to vote; in our democracy, no right has been so dearly won. This country was founded on the idea that a just government…

Mr. President, in a democracy, no right is more important than the right to vote; in our democracy, no right has been so dearly won. This country was founded on the idea that a just government derives its power from the consent of the governed, a principle codified in the very first words of our Constitution: ``We the People of the United States.'' From the Civil War through the women's suffrage movement through the Voting Rights Act of 1965 through the 26th Amendment, the continuing expansion of the franchise, a broadening of who ``we the people'' are, is one of our great American narratives.

Today I introduce the Democracy Restoration Act of 2009. This bill will guarantee that citizens who are not incarcerated have the right to vote in Federal elections. I am proud that the junior Senator from Rhode Island, Sen. Whitehouse, and the junior Senator from Maryland, Sen. Cardin, have agreed to cosponsor this legislation.

Once, only wealthy white men could vote. Once, African Americans, ethnic minorities, women, young people, the poor, and the uneducated were all excluded. Today, we look back at those times and wonder how our country could have denied its citizens such a fundamental right for so long. Yet today, we continue to disenfranchise an estimated four million of our fellow citizens who were convicted of felonies but are no longer in prison. Two million of these people have fully served their sentences, and the other two million are on probation, parole, or supervised release. These people are living and working in the community, paying taxes, and contributing to society. But they cannot vote.

At this time, 10 States still strip some people who have entirely completed their sentences--who have paid their debt to society--of their right to vote. Some 35 States deny the vote to people on parole, and 30 of those states also deny the vote to people on probation. I believe that the practice of stripping our fellow citizens of their voting rights is un-American. It weakens our democracy. It is an anachronism, one of the last vestiges of a medieval jurisprudence that declared convicted criminals to be outlaws, irrevocably expelled from society. This principle was called ``civil death.''

Back then, in the despotisms of medieval Europe, it was reserved for the worst crimes. Yet today, here, in the greatest democracy in the world, we continue to sentence 4 million people--people who have served their time, people who are contributing members of society--to civil death.

One might ask how something as undemocratic as civil death could have survived to the present day. Unfortunately the practice of disenfranchising people with felony convictions has an explicitly racist history. Like the grandfather clause, the literacy test, and the poll tax, civil death became a tool of Jim Crow.

Across the country, thirteen percent of African-American men are disenfranchised because of a felony conviction. In 14 States, civil death provisions have stripped more than ten percent of the entire African-American voting-age population of the right to vote. In 4 States, civil death provisions disenfranchise more than 20 percent of eligible African-American voters.

The architects of Jim Crow would be proud of their handiwork, and how it has lasted long after the rest of their evil system was dismantled. The rest of us should be ashamed, and yes, outraged. If we believe in redemption, we should be outraged. Because civil death has denied 4 million Americans a chance at redemption. If we believe in progress, we should be outraged. Because civil death keeps this country chained to the worst moments of our past. If we believe in democracy, we should be outraged. Because civil death strikes at the heart of our democracy.

There is a growing movement across the country to expand the franchise and restore voting rights to people coming out of prison and reentering the community. In the last decade, 16 states have reformed their laws to expand the franchise or ease voting rights restoration procedures. This bill continues that movement. It provides

that the right to vote for candidates for Federal office shall not be denied or abridged because a person has been convicted of a crime unless that person is actually in prison serving a felony sentence. It gives the Attorney General of the U.S. the power to obtain declaratory or injunctive relief to enforce that right. It gives a person whose rights are being violated a right to go to court to get relief.

The bill also requires federal and state officials to notify individuals of their right to vote once their sentences have been served. This is an important part of the bill, given the long history of these civil death provisions. Even after this bill passes, many ex- offenders may not know their rights, and we should take affirmative steps to make sure that they do.

Upon signing the Voting Rights Act of 1965, President Johnson said:

The vote is the most powerful instrument ever devised by

man for breaking down injustice and destroying the terrible

walls which imprison men because they are different from

other men.

When prisoners return to their communities after serving their sentences, we expect and hope that they will reintegrate themselves into society as productive citizens. Yet, without the right to vote, rehabilitated felons are already a step behind in regaining a sense of civic responsibility and commitment to their communities. If our country wants ex-offenders to succeed at becoming better citizens, who both abide by the law and act as responsible individuals, then we need to restore this most fundamental right. I urge my colleagues to support this important legislation.

Mr. President, I ask unanimous consent that the text of the bill be included in the Record.

Sen. Russell D. FeingoldD-WI · Jul 24, 2009

Mr. President, in a democracy, no right is more important than the right to vote; in our democracy, no right has been so dearly won. This country was founded on the idea that a just government…

Upon signing the Voting Rights Act of 1965, President Johnson said:

The vote is the most powerful instrument ever devised by

man for breaking down injustice and destroying the terrible

walls which imprison men because they are different from

other men.

Mr. President, I ask unanimous consent that the text of the bill be included in the Record.

Bill Text

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Introduced in SenateIssued July 24, 2009

111th CONGRESS

1st Session

S. 1516

IN THE SENATE OF THE UNITED STATES

July 24, 2009

Mr. Feingold (for himself, Mr. Whitehouse, and Mr. Cardin) 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 who have been released from incarceration.

Short title

This Act may be cited as the Democracy Restoration Act of 2009.

Findings

The Congress makes the following findings:

(1)

The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates offenders into free society, helping to enhance public safety.

(2)

Article I, section 4 of the Constitution of the United States grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the Supreme Court.

(3)

Basic constitutional principles of fairness and equal protection require an equal opportunity for Americans to vote in Federal elections. The right to vote 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 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections.

(4)

There are three areas where discrepancies in State laws regarding felony convictions lead to unfairness in Federal elections—

(A)

there is no uniform standard for voting in Federal elections which leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives;

(B)

laws governing the restoration of voting rights after a felony 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 permanently; and

(C)

State disenfranchisement laws disproportionately impact racial and ethnic minorities.

(5)

Disenfranchisement results from varying State laws that restrict voting while under some form of criminal justice supervision or after the completion of a felony sentence in some States. Two States do not disenfranchise felons at all (Maine and Vermont). Forty-eight States and the District of Columbia have disenfranchisement laws that deprive convicted offenders of the right to vote while they are in prison. In 35 States, convicted offenders may not vote while they are on parole and 30 of these States disenfranchise felony probationers as well. In 10 States, a conviction can result in lifetime disenfranchisement.

(6)

An estimated 5,300,000 Americans, or about 1 in 41 adults, currently cannot vote as a result of a felony conviction. Nearly 4,000,000 (74 percent) of the 5,300,000 disqualified voters are not in prison, but are on probation or parole, or are ex-offenders. Approximately 2,000,000 of those individuals are individuals who have completed their entire sentence, including probation and parole, yet remain disenfranchised.

(7)

In those States that disenfranchise ex-offenders, the right to vote can be regained in theory, but in practice this possibility is often granted in a nonuniform and potentially discriminatory manner. Offenders must either obtain a pardon or order from the Governor or action by the parole or pardon board, depending on the offense and State. Offenders convicted of a Federal offense often have additional barriers to regaining voting rights.

(8)

State disenfranchisement laws disproportionately impact racial and ethnic minorities. Eight percent of the African-American population, or 2,000,000 African-Americans, are disenfranchised. Given current rates of incarceration, approximately one in three of the next generation of African-American men will be disenfranchised at some point during their lifetime. Hispanic citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system.

(9)

Disenfranchising citizens who have been convicted of a felony offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society.

(10)

State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well.

(11)

The United States is the only Western democracy that permits the permanent denial of voting rights to individuals with felony convictions.

Rights of citizens

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 election.

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 (3), 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 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.

Notification of restoration of voting rights

(a)

State notification

(1)

Notification

On the date determined under paragraph (2), 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 the Democracy Restoration Act and may register to vote in any such election.

(2)

Date of notification

(A)

Felony conviction

In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual—

(i)

is sentenced to serve only a term of probation; or

(ii)

is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction).

(B)

Misdemeanor conviction

In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court.

(b)

Federal notification

(1)

Notification

On the date determined under paragraph (2), the Director of the Bureau of Prisons 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 the Democracy Restoration Act and may register to vote in any such election.

(2)

Date of notification

(A)

Felony conviction

In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual—

(i)

is sentenced to serve only a term of probation by a court established by an Act of Congress; or

(ii)

is released from the custody of the Bureau of Prisons (other than to the custody of a State to serve a term of imprisonment for a felony conviction).

(B)

Misdemeanor conviction

Definitions

For purposes of this Act:

(1)

Correctional institution or facility

The term correctional institution or facility means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility).

(2)

Election

The term election means—

(A)

a general, special, primary, or runoff election;

(B)

a convention or caucus of a political party held to nominate a candidate;

(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)

Federal office

The term Federal office means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States.

(4)

Probation

The term probation means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning—

(A)

the individual’s freedom of movement;

(B)

the payment of damages by the individual;

(C)

periodic reporting by the individual to an officer of the court; or

(D)

supervision of the individual by an officer of the court.

Relation to other laws

(a)

State laws relating to voting rights

Nothing in this Act shall be construed to prohibit the States 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 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 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C. 1973–gg).

Federal prison funds

No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, 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 notified, upon release from such incarceration, of that individual’s rights under section 3.

Effective date

This Act shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act.