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119-s-5122119th Congress

Inclusive Democracy Act of 2026

Sponsored By: Senator Welch, Peter [D-VT]

Introduced

Summary

Prohibits withholding the right to vote in Federal elections because of a criminal conviction. This bill would require states, courts, and carceral settings to notify people with convictions about preserved Federal voting rights, and to provide registration and absentee voting access.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 6 benefits, 0 costs, 0 mixed.

Absentee mail voting and protections

If enacted, incarcerated people who are registered to vote in Federal elections would be allowed to vote by mail. Facility heads would have to provide an absentee ballot application on request and send a completed application to the State election official within 2 days. Ballots to incarcerated voters would be marked as election mail and made available within 24 hours after arriving at the facility. Staff would have to transmit returned ballots to election officials the same day or within 24 hours if received after business hours. States or local officials would prepay postage on envelopes given to incarcerated voters. If a ballot has a fixable defect, officials would have to try to notify the voter and give 10 days to cure it. The bill would also bar prosecuting an incarcerated, registered voter just because a ballot included non‑Federal contests.

Easier voter registration in prisons

If enacted, heads of carceral settings would have to offer the mail voter registration form when someone is booked and when they ask for it. Facilities would have to send completed forms to the State chief election official within 10 days. If a form is given within 5 days of a State registration deadline, the form must be sent the same day electronically or mailed with a postmark within 2 days. States could not refuse forms that are postmarked within 2 days or submitted electronically.

Prison voter education and access

If enacted, facilities would have to allow nonpartisan voter registration groups and candidates to bring in and hand out voting information. For in‑State Federal elections, materials must be allowed at least 60 days before the election. Facilities could not bar representatives just because they were formerly incarcerated or on a visitor list. If a facility has internet‑capable devices, eligible incarcerated people would be allowed free access on those devices to research candidates and voting procedures. Facilities must also post clear information on registering and getting absentee ballots.

New enforcement and private lawsuits

If enacted, people who think the Act was violated could give written notice to the chief State election official or the Attorney General. If a violation is not fixed in 30 days, or in 10 days when it happened within 120 days before a Federal election, the person could go to court for declaratory or injunctive relief. Certain failures involving incarcerated voters would allow immediate lawsuits without waiting. The Attorney General could also bring civil actions to fix violations.

Restore federal voting rights after conviction

If enacted, the United States and each State could not deny a person's right to vote in Federal elections because of a criminal conviction. The bill would apply to convictions that happened before, on, or after the date of enactment. The law would also define who and what are covered, including which facilities count as a "carceral setting" and which offices count as Federal offices.

Notices and national outreach on voting

If enacted, States and Federal courts would have to give written notice at conviction that a conviction does not affect Federal voting rights. Within 90 days after enactment, probation, parole, and facility heads would have to notify people under their supervision or in custody about the change. The Election Assistance Commission would run a national public service campaign within 180 days after enactment. The Attorney General would publish updated guidance within 60 days and share it with prisons, probation offices, and State election and corrections officials.

Sponsors & CoSponsors

Sponsor

Welch, Peter [D-VT]

VT • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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