Sec. 1002. Findings

901 words·~4 min read·/bill/116/s/697/is/section-1002

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Congress makes the following findings: 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. 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 of the United States. Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States 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 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution of the United States empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution of the United States provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

There are 3 areas where discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections— 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 lives; 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 permanently; and State disenfranchisement laws disproportionately impact racial and ethnic minorities.

Two States do not disenfranchise individuals with criminal convictions at all (Maine and Vermont), but 48 States and the District of Columbia have laws that deny convicted individuals the right to vote while they are in prison. 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 sentence. In 34 States, convicted individuals may not vote while they are on parole and 30 of those States disenfranchise individuals on felony probation as well.

In 10 States, a conviction can result in lifetime disenfranchisement. Several States deny the right to vote to individuals convicted of certain misdemeanors. In 2016, an estimated 6,100,000 citizens of the United States, or about 1 in 40 adults in the United States, could not vote as a result of a felony conviction. Of the 6,100,000 citizens barred from voting, only approximately 22 percent were in prison. By contrast, roughly 77 percent of the disenfranchised reside in their communities while on probation or parole or after having completed their sentences.

Approximately 3,100,000 citizens who completed their sentences remain disenfranchised due to restrictive State laws. In six States—Alabama, Florida, Kentucky, Mississippi, Tennessee, and Virginia—more than 7 percent of the total population is disenfranchised. As of November 2018, the lifetime ban for felons was eliminated through a Florida ballot initiative. As a result, 1,400,000 people had their voting rights restored. In those States that disenfranchise individuals post-sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner.

Disenfranchised individuals must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. State disenfranchisement laws disproportionately impact racial and ethnic minorities. As of 2016, more than 7 percent of the voting-age African-American population, or 2,200,000 African Americans, were disenfranchised.

One out of every 13 African Americans were unable to vote because of felony disenfranchisement, which is a rate more than 4 times greater than non-African Americans. 7.4 percent of African Americans are disenfranchised whereas only 1.8 percent of non-African Americans were. In 2016, in 4 States—Florida (23 percent), Kentucky (22 percent), Tennessee (21 percent), and Virginia (20 percent)—more than 1 in 5 African Americans were unable to vote because of prior convictions. Latino citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system.

If current incarceration trends hold, the lifetime likelihood of incarceration for males born in 2011 is 17 percent for Latinos, in contrast to less than 6 percent of non-Latino White men. When analyzing the data across 10 States, Latinos generally have disproportionately higher rates of disenfranchisement compared to their presence in the voting age population. In 6 out of 10 States studied in 2003, Latinos constitute more than 10 percent of the total number of persons disenfranchised by State felony laws.

In 4 States (California, 37 percent; New York, 34 percent; Texas, 30 percent; and Arizona, 27 percent), Latinos were disenfranchised by a rate of more than 25 percent. 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 society. 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. The United States is the only Western democracy that permits the permanent denial of voting rights for individuals with felony convictions.