text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Civic Participation and 
  Rehabilitation Act of 1999''.
  
  SEC. 2. FINDINGS.
  
      The Congress makes the following findings:
              (1) The right to vote is the most basic constitutive act of 
          citizenship and regaining the right to vote reintegrates 
          offenders into free society. 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. Basic constitutional principles of fairness and 
          equal protection require an equal opportunity for Americans to 
          vote in Federal elections. Congress has ultimate supervisory 
          power over Federal elections, an authority which has repeatedly 
          been upheld by the Supreme Court.
              (2) Congress finds 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 are unequal 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 ethnic 
          minorities.
              (3) Although State law determines the qualifications for 
          voting, Congress must ensure that those laws are in accordance 
          with the Constitution. Current laws vary throughout the country 
          resulting in discrepancies regarding which citizens may vote in 
          Federal elections.
              (4) An estimated 3,900,000 Americans, or one in fifty 
          adults, currently cannot vote as a result of a felony 
          conviction. Women represent about a half million of this total. 
          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. Four States do not disenfranchise felons at all 
          (Maine, Massachusetts, New Hampshire, and Vermont). Forty-six 
          States and the District of Columbia have disenfranchisement 
          laws that deprive convicted offenders of the right to vote 
          while they are in prison. In thirty-two States, convicted 
          offenders may not vote while they are on parole and in twenty-
          nine States probationers may not vote. Fourteen States 
          disenfranchise ex-offenders who have fully served their 
          sentences, regardless of the nature or seriousness of the 
          offense. Three-fourths (73%) of the 3,900,000 disqualified 
          voters are not in prison, but are on probation, parole or are 
          ex-offenders.
              (5) In those States that disenfranchise ex-offenders, the 
          right to vote can be regained in theory, but in practice this 
          possibility is often illusory. In eight States, a pardon or 
          order from the Governor is required. In two States, ex-
          offenders must obtain action by the parole or pardon board. 
          Offenders convicted of a Federal offense often have additional 
          barriers to regaining voting rights. In at least 16 States, 
          Federal offenders cannot use the State procedure for restoring 
          their civil rights. The only method provided by Federal law for 
          restoring voting rights to ex-offenders is a Presidential 
          pardon. Few persons who seek to have their right to vote 
          restored have the financial and political resources needed to 
          succeed.
              (6) Thirteen percent of the African American adult male 
          population, or 1,400,000 African American men, are 
          disenfranchised. Given current rates of incarceration, three in 
          ten of the next generation of black men will be disenfranchised 
          at some point during their lifetime. Hispanic citizens are also 
          disproportionately disenfranchised since they are 
          disproportionately represented in the criminal justice system.
              (7) These discrepancies should be addressed by Congress. 
          Basic concepts of fundamental fairness and equal protection 
          require an equal opportunity for Americans to vote in Federal 
          elections. This Act will restore fairness in the Federal 
          election process and promote reintegration of former offenders 
          into a life as law abiding citizens of the United States.
  
  SEC. 3. 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.
  
  SEC. 4. 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) 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) 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) 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.
  
  SEC. 5. DEFINITIONS.
  
      For purposes of this Act--
              (1) 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) 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; and
              (3) 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.
  
  SEC. 6. RELATION TO OTHER LAWS.
  
      (a) Nothing in this Act shall be construed to prohibit the States 
  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) 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).
target: Civic Participation and Rehabilitation Act of 1999 - Declares that the right of a U.S. citizen 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 the individual is serving a felony sentence in a correctional institution or facility at the time of the election. 
  Authorizes the Attorney General, in a civil action, to obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act.  Creates a private right of action, subject to specified requirements.
feat_title: Civic Participation and Rehabilitation Act of 1999