Pass the Democracy Restoration Act

Voting is a fundamental right. Yet, a disproportionate number of incarcerated individuals within state prison systems experience mental health and substance use disorders (MH/SUD). According to the U.S. Department of Justice’s Bureau of Justice Statistics, an estimated 43 percent of state prisoners had a history of mental health conditions (with many more undiagnosed).[1] And the National Institute on Drug Abuse has noted that approximately 65 percent of prisoners in the U.S. have a SUD.[2]

Therefore, state restrictions that prevent voting in federal elections after release disproportionately affect individuals with mental health and substance use disorders (MH/SUD).[1][2] Twenty-six states deny individuals with past criminal convictions the right to vote in federal elections. The Democracy Restoration Act would grant formerly incarcerated individuals the right to vote in federal elections and notify individuals with past criminal convictions about their right to do so. Notifications to these individuals occur during sentencing and upon release from a correctional facility.[3][4] States that continue to deny individuals with past criminal convictions thereby discriminate against individuals with MH/SUD.

Congress should pass the Democracy Restoration Act to dismantle barriers against formerly incarcerated individuals  who disproportionately experience MH/SUD. These millions of Americans with MH/SUDs should not be disenfranchised in federal elections due to discriminatory state laws.[5]