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Inclusive Democracy Act of 2026
Introduced Jul 22, 2026 · Last action Jul 22, 2026 — Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Summary
This legislation is called the Inclusive Democracy Act of 2026. It is being reviewed by a committee.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9873 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9873
To guarantee the right to vote for all citizens regardless of
conviction of a criminal offense, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2026
Ms. Pressley (for herself, Mr. Cleaver, Mr. Johnson of Georgia, Ms. Lee
of Pennsylvania, Mr. Mfume, Ms. Norton, Ms. Omar, Mrs. Ramirez, Ms.
Sewell, Ms. Simon, Mr. Tonko, Mr. Thanedar, Mr. Casar, and Ms. Tlaib)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on House
Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To guarantee the right to vote for all citizens regardless of
conviction of a criminal offense, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inclusive Democracy Act of 2026''.
SEC. 2. PROTECTING THE FUNDAMENTAL RIGHT TO VOTE.
(a) Protection of Right.--The right of citizens of the United
States to vote in a election for Federal office shall not be denied or
abridged by the United States or by any State on account of conviction
of a criminal offense.
(b) Application.--Subsection (a) applies with respect to
convictions occurring before, on, or after the date of the enactment of
this Act.
SEC. 3. ACCESS TO THE BALLOT.
(a) Notification of Voting Rights.--
(1) State notification.--At the time an individual is
convicted of a criminal offense under the law of a State, the
State shall notify the individual in writing that the
individual's conviction of the offense does not affect the
individual's right to vote in an election for Federal office
and that the individual may register or remain registered to
vote in an election for Federal office if the individual is
otherwise eligible to vote in the election, notwithstanding the
individual's conviction.
(2) Federal notification.--At the time an individual is
convicted of a criminal offense under Federal law, the court in
which the individual is convicted shall notify the individual
in writing that the individual's conviction of the offense does
not affect the individual's right to vote in an election for
Federal office and that the individual may register or remain
registered to vote in an election for Federal office if the
individual is otherwise eligible to vote in the election,
notwithstanding the individual's conviction.
(3) Persons on probation and parole.--Not later than 90
days after the date of the enactment of this Act, the head of
each Federal, State, and local probation or parole office shall
provide each individual on probation or parole under the
jurisdiction of that office with written notification about any
changes made by this Act to voter eligibility requirements in
the applicable State.
(4) Persons in carceral settings.--Not later than 90 days
after the date of the enactment of this Act, the head of each
Federal, State, and local carceral setting shall provide each
individual incarcerated in their carceral setting with written
notification that the individual's criminal conviction does not
affect the individual's right to vote in an election for
Federal office and that the individual may register or remain
registered to vote in an election for Federal office if the
individual is otherwise eligible to vote in the election,
notwithstanding the individual's conviction.
(5) Public notice.--
(A) Role of the election assistance commission.--
Not later than 180 days after the date of the enactment
of this Act, the Election Assistance Commission shall
conduct a national public service announcement
campaign, using newspapers, radio stations, social
media platforms, and network television, to inform the
public about the changes in voter eligibility pursuant
to this Act.
(B) Role of the department of justice.--Not later
than 60 days after the date of the enactment of this
Act, the Attorney General shall publish updated
information on voting rights for individuals with
criminal records and guidance on developing voting
practices for such individuals. Such information shall
be--
(i) made publicly available on the
Department of Justice's website;
(ii) made publicly available on the
Election Assistance Commission's website; and
(iii) provided to the Federal Bureau of
Prisons, the Office of U.S. Probation and
Pretrial Services, and the chief State election
official and the head of the department of
corrections in each State.
(b) Registration.--
(1) Access to registration.--The head of each carceral
setting shall offer an individual who is incarcerated at the
carceral setting the opportunity to register to vote in an
election for Federal office by providing the individual with
the mail voter registration application form described in
section 9(a)(2) of the National Voter Registration Act of 1993
(52 U.S.C. 20508(a)(2)) at the time of the individual's
incarceration at the carceral setting and upon the individual's
request.
(2) Transmission of voter registration applications by
carceral setting.--
(A) In general.--Not later than 10 days after an
individual who is incarcerated in a carceral setting
provides an employee of the carceral setting with the
individual's completed voter registration application
form, the head of the carceral setting shall mail or
otherwise transmit the form to the chief State election
official of the State in which the individual has
applied to register to vote.
(B) Expedited transmission within 5 days of
election.--If an individual provides an employee of the
carceral setting with a completed voter registration
application form within 5 days before the deadline for
registering to vote in an election for Federal office
for which the individual seeks to register, the head of
the carceral setting shall--
(i) transmit to the chief State election
official of the State in which the individual
seeks to register to vote the individual's
application form electronically on the day on
which the head of the carceral setting receives
the form from the individual; or
(ii) shall ensure that the form is mailed
to the chief State election official of the
State in which the individual seeks to register
to vote and is postmarked within 2 days of
receiving the form from the individual.
(3) Acceptance of forms by election officials.--
(A) Deadline for acceptance.--A State may not
refuse to accept or process a voter registration
application form submitted on behalf of an individual
under this subsection with respect to an election for
Federal office in the State on the grounds that the
individual did not meet a deadline for returning the
form to the appropriate State or local election
official if the form is postmarked or otherwise
indicated by the United States Postal Service to have
been mailed within 2 days of the deadline for receipt
of the form under State law.
(B) Requiring acceptance in electronic form.--A
State may not refuse to accept or process a voter
registration application form submitted on behalf of an
individual under this subsection with respect to an
election for Federal office in the State on the grounds
that the individual submitted the form electronically,
including by fax or email, or that the individual
submitted the form by mail.
(4) Address for purposes of voter registration.--
(A) Choice of address.--An incarcerated individual
may register to vote in an election for Federal office
in accordance with this section by using either the
individual's last known address or the address of the
carceral setting.
(B) Providing same ability to change address
between elections as registrants not incarcerated.--To
the extent that a State permits an individual who is
not incarcerated to use a different address to register
to vote in elections for the same Federal office,
including primary, general, and runoff elections for
that office, the State shall permit an incarcerated
individual to use either the individual's last known
address or the address of the carceral setting to
register to vote in elections for the same Federal
office.
(5) Exception.--Nothing in this section shall be construed
as requiring an incarcerated individual to register to vote if
the individual's address under paragraph (4)(A) is located in a
jurisdiction that does not require voter registration as a
prerequisite to voting in an election for Federal office.
(c) Absentee Voting.--
(1) In general.--An individual who is incarcerated in a
carceral setting and who is registered to vote in an election
for Federal office shall have the right to vote in the election
by mail by absentee ballot.
(2) Absentee ballot applications.--
(A) Provision of applications.--If an individual
who is incarcerated in a carceral setting is registered
to vote in an election for Federal office, the head of
the carceral setting shall provide the individual with
an application to vote by absentee ballot in the
election upon request.
(B) Transmission of applications.--Not later than 2
days after an incarcerated individual provides an
employee of the carceral setting with a completed
application to vote by absentee ballot, the head of the
carceral setting shall mail or otherwise transmit the
application to the chief State election official of the
State in which the individual is registered to vote in
the election.
(C) Acceptance of applications.--
(i) Deadline.--A State may not refuse to
accept or process an application to vote by
absentee ballot submitted on behalf of an
individual under this subsection with respect
to an election for Federal office in the State
on the grounds that the individual did not meet
a deadline for returning the application to the
appropriate State or local election official if
the form is postmarked or otherwise indicated
by the United States Postal Service to have
been mailed within 2 days of the deadline for
the receipt of the application under State law.
(ii) Requiring acceptance in electronic
form.--A State may not refuse to accept or
process an application to vote by absentee
ballot submitted on behalf of an individual
under this subsection with respect to an
election for Federal office in the State on the
grounds that the individual submitted the
application electronically, including by fax or
email, or that the individual submitted the
application by mail.
(D) Requirements for states transmitting
applications without request from registrant.--A State
which transmits applications to vote by absentee ballot
in an election for Federal office to each individual
who is registered to vote in the election, without
regard to whether the individual requests the
application, shall ensure that applications are
transmitted to individuals who are incarcerated in a
carceral setting and who are registered to vote in the
election in the same manner as applications are
transmitted to other individuals who are registered to
vote in the election.
(3) Absentee ballots.--
(A) Provision of absentee ballots.--
(i) Election mail.--An absentee ballot that
is mailed to an incarcerated individual under
this subsection shall be treated and marked as
election mail for purposes of title 39, United
States Code.
(ii) Expedited processing.--The head of a
carceral setting shall ensure that any election
mail is made available to an incarcerated
individual to whom it is addressed not later
than 24 hours after such mail is received at
the carceral setting.
(B) Provisional ballots.--
(i) Right to cast provisional absentee
ballot.--If an incarcerated individual declares
that such individual is a registered voter in
the jurisdiction in which the individual
desires to vote and that the individual is
eligible to vote in an election for Federal
office, but the name of the individual does not
appear on the official list of eligible voters
for the election or an election official
asserts that the individual is not eligible to
vote, such individual shall be permitted to
cast a provisional absentee ballot in the
election, notwithstanding the failure of the
individual to request an absentee ballot prior
to the deadline for submitting a request for
the ballot under the law of the State in which
the individual seeks to vote.
(ii) Process.--Section 302(a) of the Help
America Vote Act of 2002 (52 U.S.C. 21082(a))
shall apply with respect to a provisional
absentee ballot cast by an incarcerated
individual under this subsection in the same
manner as such section applies to a provisional
ballot cast by a voter.
(C) Pre-paid postage.--Consistent with regulations
of the United States Postal Service, the State or the
unit of local government responsible for the
administration of the election for Federal office
involved shall prepay the postage on any envelope
provided to an incarcerated individual under this Act.
(D) Transmission of ballots.--The head of a
carceral setting shall mail or otherwise transmit a
ballot on behalf of an incarcerated individual under
this subsection to the appropriate election official on
the same day on which an incarcerated individual
submits the ballot to an employee of the carceral
setting, or, if the individual submits the ballot to an
employee of the carceral setting after business hours,
not later than 24 hours after the individual submits
the ballot to the employee.
(E) Acceptance of ballots.--A State may not refuse
to accept or process an absentee ballot submitted on
behalf of an individual under this subsection with
respect to an election for Federal office in the
State--
(i) on the grounds that the individual did
not meet a deadline for returning the ballot to
the appropriate State or local election
official if the ballot is postmarked or
otherwise indicated by the United States Postal
Service to have been mailed on or before the
date of the election; or
(ii) on the grounds that the individual did
not include with the ballot a copy of a form of
identification otherwise required under State
law.
(F) Notice and opportunity to cure missing
signature or other defect.--If an incarcerated
individual submits a ballot under this subsection
without a signature or submits a ballot with another
defect (other than a defect consisting of the failure
of a ballot to meet the applicable deadline for the
acceptance of the ballot) which, if left uncured, would
cause the ballot to not be counted, the appropriate
State or local election official, prior to making a
final determination as to the validity of the ballot,
shall--
(i) make a good faith effort to immediately
notify the individual by mail, telephone, and
(if available) text message and electronic mail
that--
(I) the ballot did not include a
signature or has some other defect; and
(II) if the individual does not
provide the missing signature or cure
the other defect prior to the
expiration of the 10-day period which
begins on the date the official
notifies the individual that the ballot
did not include a signature or has some
other defect, such ballot will not be
counted; and
(ii) count the ballot if, prior to the
expiration of the 10-day period described in
clause (i)(II), the individual provides the
official with the missing signature on a form
proscribed by the State or cures the other
defect.
(G) Requirements for states transmitting
applications without request from registrant.--A State
which transmits absentee ballots in an election for
Federal office to each individual who is registered to
vote in the election, without regard to whether the
individual requests the absentee ballot, shall ensure
that absentee ballots are transmitted to individuals
who are incarcerated in a carceral setting and who are
registered to vote in the election in the same manner
as absentee ballots are transmitted to other
individuals who are registered to vote in the election.
(d) Access to Services and Information on Elections.--
(1) Online services.--If a carceral setting provides the
individuals who are incarcerated in the carceral setting with
access to computers, tablets, or other electronic devices with
internet access, the carceral setting shall permit an
incarcerated individual who is eligible to vote in an election
for Federal office with access to the internet and such devices
free of charge for the purpose of researching candidates in the
election, political campaigns, and procedures for registration
and voting.
(2) Distribution of information by candidates, campaigns,
and nonpartisan groups.--A carceral setting shall permit
candidates, political campaigns, and non-partisan groups that
register individuals to vote and distribute voter educational
materials and information on an election for Federal office and
voting, candidates, and political campaigns involved with the
election to distribute such materials inside the carceral
setting--
(A) in the case of a candidate, political campaign,
or nonpartisan group that distributes such materials
and information on elections for Federal office held in
the State in which the carceral setting is located, for
not fewer than 60 days before the date of any election
for Federal office held in the State; or
(B) in the case of a candidate, political campaign,
or nonpartisan group that distributes such materials
and information on elections for Federal office which
are not held in that State, at least once a year.
(3) Posting of information in carceral setting.--The head
of a carceral setting shall ensure that information on
registering to vote in elections for Federal office, requesting
an absentee ballot in such elections, and voting in elections
for Federal office is posted prominently in an area of the
carceral setting that is commonly accessible and visible to the
incarcerated individuals.
(e) Access for Third Parties To Provide Voter Registration
Services.--
(1) Access required.--The head of a carceral setting shall
permit a nonpartisan entity that provides non-partisan voter
registration services to enter the carceral setting and provide
such services to individuals who are incarcerated in the
carceral setting.
(2) Prohibiting restrictions on access of certain
individuals.--The head of a carceral setting may not place
restrictions on an individual's ability to enter a carceral
setting as a representative of a nonpartisan entity described
in paragraph (1) on the grounds that the individual was
formerly incarcerated or that the individual is on the visitors
list of an individual who is currently incarcerated.
(f) Guidance on Prosecution.--No incarcerated individual who is
registered to vote in an election for Federal office and who is
provided a ballot that includes an election for a non-Federal office,
ballot initiative, or referendum for which the individual is not
registered to vote may be prosecuted under any law on the grounds that
the individual voted in that election for a non-Federal office, ballot
initiative, or referendum.
(g) Effective Date.--This section shall apply with respect to the
regularly scheduled general elections for Federal office in November
2026 and each succeeding election for Federal office.
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) In general.--A person who is aggrieved by a violation
of this Act may provide written notice of the violation to the
chief State election official of the State involved, or, if the
violation is alleged to be committed by an officer or employee
of the Federal Government, to the Attorney General.
(2) Relief.--Except as provided in paragraph (3), if the
violation is not corrected within 30 days after receipt of a
notice under paragraph (1), or within 10 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) Exceptions.--Notwithstanding paragraphs (1) and (2), a
civil action to obtain declaratory or injunctive relief with
respect to a violation of this Act may be immediately brought
by an incarcerated individual--
(A) who requested the opportunity to register to
vote in an election for Federal office and did not
receive a voter registration application, or who
submitted a voter registration application that was not
properly transmitted or processed, within 30 days of
the State's voter registration deadline; and
(B) who is registered to vote in an election for
Federal office and who--
(i) is denied access to an absentee ballot
application;
(ii) has their request for an absentee
ballot improperly denied;
(iii) is not supplied with an absentee
ballot after properly requesting one;
(iv) does not have their voted ballot
properly transmitted to the appropriate
election official; or
(v) is otherwise denied the right to
receive or cast an absentee ballot.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Carceral setting.--The term ``carceral setting'' means
any prison, penitentiary, jail, or other institution or
facility that confines individuals charged with or 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) Chief state election official.--The term ``chief State
election official'' means the individual designated by a State
under section 10 of the National Voter Registration Act of 1003
(52 U.S.C. 20509) to be responsible for the coordination of
State responsibilities under such Act.
(3) 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.
(4) Federal office.--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.
SEC. 6. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this Act
shall be construed to prohibit a State from enacting any law which
affords the right to vote or the right to register to vote in any
election for Federal, State, or local office on terms less restrictive
than those established by this Act.
(b) Certain Federal Acts.--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 (52 U.S.C. 10301 et seq.), the National Voter Registration Act
of 1993 (52 U.S.C. 20501 et seq.), or the Help America Vote Act of 2002
(52 U.S.C. 20901 et seq.).
SEC. 7. INTERPRETATIONS FAVORABLE TO THE PERSON SEEKING TO REGISTER OR
VOTE.
If a provision of this Act is susceptible to differing
interpretations, it shall be construed in favor of the person seeking
to register or vote.
SEC. 8. SEVERABILITY.
If any provision of this Act or the application of any provision
thereof to any person or circumstance is judicially determined to be
invalid, the remainder of this Act or the application of such provision
to other persons or circumstances shall not be affected by such
determination.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Rep. Pressley, Ayanna [D-MA-7]DHouseMA
Cosponsors
- Del. Norton, Eleanor Holmes [D-DC-At Large]
- Rep. Casar, Greg [D-TX-35]
- Rep. Cleaver, Emanuel [D-MO-5]
- Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4]
- Rep. Lee, Summer L. [D-PA-12]
- Rep. Mfume, Kweisi [D-MD-7]
- Rep. Omar, Ilhan [D-MN-5]
- Rep. Ramirez, Delia C. [D-IL-3]
- Rep. Sewell, Terri A. [D-AL-7]
- Rep. Simon, Lateefah [D-CA-12]
- Rep. Thanedar, Shri [D-MI-13]
- Rep. Tlaib, Rashida [D-MI-12]
- Rep. Tonko, Paul [D-NY-20]
Votes
Voting records are not yet available for this bill.