April 15, 2014
Private: The Democracy Restoration Act: Securing Voting Rights for All
Democracy Restoration Act, DRA, Nicole Austin-Hillery, Sen. Ben Cardin, Sen. John Conyers, The Brennan Center
The right to vote is at the heart of our American Democracy. Political participation by citizens is the great equalizer – it is the one thing that allows all Americans, no matter how powerful or weak, to make decisions about who will lead and who will help to advance their interests and protect their families. On April 10, Congress took an important step towards ensuring that this crucial right becomes available to even more Americans. Sen. Ben Cardin (D-Md.) and Rep. John Conyers (D-Mich.) introduced the bi-cameral Democracy Restoration Act (DRA). This important legislation would restore the right to vote in federal elections to the previously incarcerated immediately after their incarceration period is complete. Doing so would enable these individuals to resume the right and responsibility inherent in our role as Americans – asserting our voice through the ballot box.
The DRA was first introduced in 2009 by former Sen. Russell Feingold. Previously, the bill received strong support, but never quite enough to become a reality. This time, however, is different. There is an enthusiastic and bi-partisan movement underway to reform those parts of our criminal justice system that do not work. We can see this at the national as well as the state level: Congress is considering reforming the federal sentencing structure to make sentences fairer in an effort to help eliminate mass incarceration; the Department of Justice has instituted a "Smart on Crime" initiative that would result in better decision-making by prosecutors; and several states, most notably Kentucky, are considering legislation that would restore voting rights to the formerly incarcerated in its state prisons. Other states have also made significant changes to their laws to open up the franchise to the formerly incarcerated, most notably in Delaware, and Virginia – a state that had previously been cited as having one of the most draconian felon disfranchisement laws on the books. So the moment to finally restore voting rights to the formerly incarcerated, who have paid their debts for their crimes, is now.
Unlike other attempts to restore voting rights, the DRA is the most comprehensive effort. Under the legislation, once an individual has completed his or her incarceration period, their right to vote in federal elections will be automatically restored. Individuals will not be limited because of any ancillary issues related to their incarceration such as outstanding fees and fines or the fact that they have been released from prison but remain on probation. This is a significant feature of the DRA.
Our nation requires the formerly incarcerated to become fully integrated members of their communities with respect to all of their other rights and responsibilities such as securing employment, paying taxes and obeying laws. Why, too, should they not, upon completion of their incarceration, be afforded the right to vote? Voting is as essential to being a full-fledged member of our communities as are any of the other rights and responsibilities that these individuals will be expected to uphold. Evidence has shown that the formerly incarcerated are less likely to recidivate when they are encouraged and supported in their efforts to re-engage with society. In a law review article on voting and subsequent crime, an analysis of the possible causal relationship between voting, or civic reintegration and recidivism is examined and provides strong evidence. A sound case is made for the argument that when the formerly incarcerated are civically engaged, there is a strong association between that engagement and the avoidance of illegal activity.
Taking part in our Democracy and having a voice in how our communities are governed is perhaps the most significant way for any American to feel that they have a stake in our nation. The Democracy Restoration Act is a crucial step forward in ensuring that we stay true to our promise to make this a nation that provides equality for all.