H.R. 9873 — Inclusive Democracy Act of 2026

This section prohibits the United States or any State from denying or abridging the right of citizens to vote in federal elections on account of a criminal conviction. It applies to convictions occurring before, on, or after the date of enactment.

This section requires states and federal courts to notify individuals convicted of criminal offenses in writing that the conviction does not affect their right to vote in federal elections. It directs probation, parole, and carceral setting officials to provide written notifications of voting rights and eligibility changes within 90 days of enactment, requires the Election Assistance Commission to conduct a national public awareness campaign within 180 days, and requires the Department of Justice to publish updated guidance within 60 days. It also mandates that carceral settings offer mail voter registration forms upon incarceration and request, transmit completed forms to state election officials within 10 days (or same day electronically if within 5 days of a deadline), and requires states to accept such forms regardless of electronic or mail submission.

This section authorizes the Attorney General to obtain declaratory or injunctive relief for violations of the Act. It also establishes a private right of action allowing an aggrieved person to seek such relief 30 days after written notice to the chief state election official or Attorney General (or 10 days if the violation occurs within 120 days before a federal election), with immediate filing permitted for incarcerated individuals denied voter registration applications or absentee ballot access.

This section defines four terms for purposes of the Act: carceral setting as any prison, jail, or similar facility confining individuals charged with or convicted of criminal offenses (excluding residential community treatment centers); chief State election official as the individual designated under the National Voter Registration Act of 1993; election as a general, special, primary, runoff, convention, or caucus to nominate candidates or select delegates; and federal office as President, Vice President, Senator, Representative, Delegate, or Resident Commissioner.

This section preserves state authority to enact voting or voter registration laws for federal, state, or local elections that are less restrictive than those in this Act. It also provides that the rights and remedies established by this Act supplement, without superseding or limiting, the Voting Rights Act of 1965, the National Voter Registration Act of 1993, and the Help America Vote Act of 2002.

This section provides that if any provision of the Act is judicially determined to be invalid, the remainder of the Act and its application to other persons or circumstances remain in effect.