The Democracy Restoration Act: Restoring the Right to Vote to Formerly Incarcerated Citizens

The American Bar Association, American Civil Liberties Union, the Brennan Center for Justice, the Drug Policy Alliance, and The Sentencing Project are urging Congress to pass legislation that would restore the right to vote in federal elections to formerly incarcerated citizens.

At a briefing on Capitol Hill last week, the groups told members of Congress that passage of the Democracy Restoration Act would create a national standard in federal elections and eliminate the confusion about who is eligible to vote. It would also strengthen our democracy by allowing citizens — who have already served their prison time — to participate in federal elections. 

Laws regarding state felony disfranchisement vary from state to state, creating confusion about who is eligible to vote. The Mississippi Constitution, for example, lists 21 specific crimes that take away a convict’s right to vote. The felonies that are not on the list do not affect voting rights.  According to the Brennan Center, Kentucky and Virginia permanently disenfranchise anyone with a felony conviction unless government approves individual rights restoration; Alabama, Arizona, Delaware, Florida, Mississippi, Nevada, Tennessee, and Wyoming permanently disenfranchise some people with a felony conviction unless government approves individual rights restoration.

The Supreme Court has ruled that the right to vote is the “preservation of all rights.” Yet approximately 5.3 million America citizens cannot vote because of a felony conviction, and 4 million of them have served their time in prison and are living and working in their communities.