Reid Amendment - Recently Updated Pages

States' Rights

eserna — Wed, 21 Mar 2007 19:38:38 CDT

Alabaman Senator Jeff Sessions (R) argued that voter qualification issues fall in the realm of State legislation, and for the Federal government to step in and change national precedent without “serious, in-depth debate” would be a “great disrespect ... to the thousands of State legislators who deal with these issues regularly."

In response, Senator Arlen Specter (R) sought to weaken this argument by reminding his colleagues that the “carefully and narrowly crafted” amendment refers strictly to Federal elections, “leaving the matter of State elections to be determined by the State” (U.S. Senate Congressional Record 2002, S804, emphasis added).

Racial Discrimination

eserna — Wed, 21 Mar 2007 19:37:39 CDT

Senator Reid's statement expounding upon the inherent racial discrimination of disenfranchisement legislation:

"This disproportionately affects ethnic minorities. According to the Sentencing Project, an estimated 13 percent of adult African Americans throughout the United States are unable to vote as a result of varying State disenfranchisement laws. The rate is, unbelievably, seven times the national average. In some States, the numbers are more extraordinary. In Florida and Alabama, more than 31 percent of all African American men are permanently barred from ever voting in those States again. In six other States, the percentage of African American men permanently disfranchised is over 20 percent. Given current rates of incarceration, the Sentencing Project estimates that up to 40 percent of African American men may permanently lose their right to vote" (U.S. Senate Congressional Record 2002, S801, emphasis added).

Reintegration

eserna — Wed, 21 Mar 2007 19:36:24 CDT

Co-sponsor Senator Arlen Specter of Pennsylvania (R) presented the amendment as not only an issue of justice, but also one of national security:

"I think [ex-felons] are entitled to vote, to have their civil rights restored, and it could be very significant in reintegrating these people into society, saying to them: You have paid your debt; we recognize you as a law-abiding citizen; you have a duty to remain a law-abiding citizen; we will try to assist on the rehabilitation, try to avoid your repeating a crime, a recidivist, and this is reintegration into society" (U.S. Senate Congressional Record 2002, S805, emphasis added).

The Reid Amendment

eserna — Wed, 21 Mar 2007 19:32:18 CDT

Full Amendment Text
SEC. 501. FINDINGS AND PURPOSE.

(a) FINDINGS.--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 United States citizens to vote in Federal elections.
(2) Congress has ultimate supervisory power over Federal elections, an authority that has repeatedly been upheld by the Supreme Court.
(3) Although State laws determine the qualifications for voting in Federal elections, Congress must ensure that those laws are in accordance with the Constitution. Currently, those laws vary throughout the Nation, resulting in discrepancies regarding which citizens may vote in Federal elections.
(4) An estimated 3,900,000 individuals in the United States, or 1 in 50 adults, currently cannot vote as a result of a felony conviction. Women represent about 500,000 of those 3,900,000.
(5) State disenfranchisement laws disproportionately impact ethnic minorities.
(6) Fourteen States disenfranchise ex-offenders who have fully served their sentences, regardless of the nature or seriousness of the offense.
(7) In those States that disenfranchise ex-offenders who have fully served their sentences, the right to vote can be regained in theory, but in practice this possibility is often illusory.
(8) In 8 States, a pardon or order from the Governor is required for an ex-offender to regain the right to vote. In 2 States, ex-offenders must obtain action by the parole or pardon board to regain that right.
(9) Offenders convicted of a Federal offense often have additional barriers to regaining voting rights. In at least 16 States, Federal ex-offenders cannot use the State procedure for restoring their voting rights. The only method provided by Federal law for restoring voting rights to ex-offenders is a Presidential pardon.
(10) Few persons who seek to have their right to vote restored have the financial and political resources needed to succeed.
(11) Thirteen percent of the African-American adult male population, or 1,400,000 African-American men, are disenfranchised. Given current rates of incarceration, 3 in 10 African-American men in the next generation will be disenfranchised at some point during their lifetimes. Hispanic citizens are also disproportionately disenfranchised, since those citizens are disproportionately represented in the criminal justice system.
(12) The discrepancies described in this subsection should be addressed by Congress, in the name of fundamental fairness and equal protection.

(b) PURPOSE.--The purpose of this title is to restore fairness in the Federal election process by ensuring that ex-offenders who have fully served their sentences are not denied the right to vote.

SEC. 502. DEFINITIONS.
In this title:
(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, or of Senator or Representative in, or Delegate or Resident Commissioner to, Congress.
(4) PAROLE.--The term ``parole'' means parole (including mandatory parole), or conditional or supervised release (including mandatory supervised release), imposed by a Federal, State, or local court.
(5) 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.

SEC. 503. 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, at the time of the election, such individual--

(1) is serving a felony sentence in a correctional institution or facility; or
(2) is on parole or probation for a felony offense.

SEC. 504. ENFORCEMENT.
(a) ATTORNEY GENERAL.--The Attorney General may bring a civil action in a court of competent jurisdiction to obtain such declaratory or injunctive relief as is necessary to remedy a violation of this title.

(b) PRIVATE RIGHT OF ACTION.--

(1) NOTICE.--A person who is aggrieved by a violation of this title may provide written notice of the violation to the chief election official of the State involved.
(2) ACTION.--Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice provided 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 bring a civil action in such a court to obtain the declaratory or injunctive relief with respect to the violation.
(3) ACTION FOR VIOLATION SHORTLY BEFORE A FEDERAL ELECTION.--If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person shall not be required to provide notice to the chief election official of the State under paragraph (1) before bringing a civil action in such a court to obtain the declaratory or injunctive relief with respect to the violation.

SEC. 505. RELATION TO OTHER LAWS.
(a) NO PROHIBITION ON LESS RESTRICTIVE LAWS.--Nothing in this title shall be construed to prohibit a State from enacting any State law that affords the right to vote in any election for Federal office on terms less restrictive than those terms established by this title.

(b) NO LIMITATION ON OTHER LAWS.--The rights and remedies established by this title shall be in addition to all other rights and remedies provided by law, and shall not 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 of 1993 (42 U.S.C. 1973gg et seq.).

Soft On Crime?

eserna — Wed, 21 Mar 2007 18:38:09 CDT

Senator Reid's remarks on February 14, 2002:

"Mr. President, ... historically [amendment co-sponsor Senator Specter] is one of the prosecutors we know about in this country. I say that because the two sponsors of this legislation are not people who are soft on crime. I, personally, as I stated earlier today, when I was in the State legislature, introduced legislation to make life without the possibility of parole mean what it says; that if you are sentenced to life without the possibility of parole, that is what it should be.

I want the record to be spread with the fact that Reid and Specter are for tough sentencing. We will do everything we can to put people in prison and jail who deserve to be in prison and jail. They should complete their sentences, but after that has been done and they have paid their debt to society, shouldn't they have the right to vote? That is what it is all about" (U.S. Senate Congressional Record 2002, S805, emphasis added).

Permanent Disenfranchisement

eserna — Wed, 21 Mar 2007 18:37:11 CDT

The fourteen states that permanently disenfranchised felons in 2002:

Alabama
Delaware
Florida
Iowa
Kentucky
Mississippi
Nevada
New Mexico
Virginia
Wyoming
After 2nd Felony Offense:
Arizona
Maryland
Tennessee
Washington

**As of November 2006, three states (Florida, Kentucky, and Virginia) still deny the right to vote to all ex-offenders who have completed their sentences.**

Recent Policy Changes:

Alabama: In 2003, Governor Riley signed into law a bill that permits most felons to apply for a certificate of eligibility to register to vote after completing their sentence.

Connecticut: In 2001, Governor Rowland signed into law a bill that extends voting rights to felons on probation. The law is expected to make 36,000 persons eligible to vote.

Delaware: In 2000, the General Assembly passed a constitutional amendment restoring voting rights to some ex-felons five years after the completion of their sentence.

Iowa: Governor Vilsack issued an executive order in 2005 automatically restoring the voting rights of all ex-felons, a process that will continue on a monthly basis upon the completion of sentence.

Kansas: In 2002, the legislature added probationers to the category of excluded felons.

Kentucky: In 2001, the legislature passed a bill that requires that the Department of Corrections inform and aid eligible offenders in completing the restoration process to regain their civil rights.

Maryland: In 2002, the legislature repealed its lifetime ban on two-time ex-felons (with the exception of felons with two violent convictions) and imposed a three-year waiting period after completion of sentence before rights can be restored.

Massachusetts: In 2000, the Massachusetts electorate voted in favor of a constitutional amendment, which strips persons incarcerated for a felony offense of their right to vote.

Nebraska: In 2005, the Legislature repealed the lifetime ban on all felons and replaced it with a two-year post-sentence ban.

Nevada: In 2003, the state approved a provision to automatically restore voting rights for first-time nonviolent felons immediately after completion of sentence.

New Mexico: In 2001, the Legislature adopted a bill repealing the state’s lifetime ban on ex-felon voting. In 2005, a bill was passed that requires the Department of Corrections to provide notification of completion of sentence to the Secretary of State’s office.

Pennsylvania: A Commonwealth Court restored the right to vote to thousands of ex-felons who, as a result, were entitled to vote in the 2000 presidential election.

Rhode Island: In 2006, Rhode Island voters approved a referendum to amend the state constitution and restore voting rights to persons currently serving a sentence of probation or parole.

Tennessee: In 2006, the Tennessee legislature amended the country’s most complex restoration system by greatly simplifying the procedure. All persons convicted of a felony (except electoral or serious violent offenses) are now eligible to have their right to vote restored upon completion of sentence and may apply for a “certificate of restoration” from the Board of Probation and Parole. All applicants must also satisfy any court-ordered restitution or child support obligations.

Texas: In 1997, the Texas Legislature passed a bill, signed by Governor George W. Bush, eliminating the two-year waiting period after completion of sentence before individuals can regain their right to vote.

Utah: In 1998, Utah voters approved an amendment prohibiting persons incarcerated for a felony conviction from voting.

Virginia: The Virginia legislature passed a law in 2000 enabling certain ex-felons to apply to the circuit court for the restoration of their voting rights five years after the completion of their sentence; those convicted of felony drug offenses must wait seven years after completion. The circuit court's decisions are subject to the Governor's approval.

Wyoming: In 2003, Governor Freudenthal signed a bill to allow people convicted of a non-violent first-time felony to apply for restoration of voting rights five years after completion of sentence.

Sources: Jamie Fellner and Marc Mauer, Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States, Human Rights Watch, The Sentencing Project, October 1998; Patricia Allard and Marc Mauer, Regaining the Vote: An Assessment of Activity Relating to Felon Disenfranchisement Laws, The Sentencing Project, January 2000, updates by The Sentencing Project, and Jeff Manza and Christopher Uggen, Locked Out: Felony Disenfranchisement and American Democracy, 2006

Help America Vote Act of 2002

eserna — Wed, 21 Mar 2007 18:34:37 CDT

In 2001, Congress introduced the Equal Protection of Voting Rights Act, a bill designed to remedy faulty voting systems highlighted by the 2000 presidential election fiasco. This bill, later renamed the Help America Vote Act of 2002, was made law on October 29, 2002 (U.S. Statutes at Large 2002). Congressmen designed this bill to avoid the felon disenfranchisement controversy altogether, choosing instead to uphold the 1974 Supreme Court ruling that gave the States full discretion in this area. Several Senators, however, did attempt to address felon disenfranchisement through the Reid Amendment, which was rejected by two-thirds of the Senate in February of 2002.

Fifteenth Amendment Text

eserna — Sat, 17 Mar 2007 20:40:44 CDT

The text of the Reid Amendment directly quotes the Fifteenth Amendment:

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."