S. 5122 — Inclusive Democracy Act of 2026

This section prohibits the United States or any State from denying or abridging the right of U.S. 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 federal, state, and local probation, parole, and carceral setting officials to provide written notifications of eligibility changes within 90 days of enactment. It requires the Election Assistance Commission to conduct a national public service announcement campaign within 180 days and the Attorney General to publish updated voting rights information and guidance within 60 days. It also requires carceral settings to offer mail voter registration forms to incarcerated individuals at intake and upon request, mandates transmission of completed forms to state election officials within 10 days (or same-day electronic transmission if within 5 days of a registration deadline), and prohibits states from rejecting forms submitted electronically or postmarked within 2 days of a state deadline.

This section authorizes the Attorney General to obtain declaratory or injunctive relief for violations of this Act. It also creates a private right of action under which an aggrieved person may provide written notice to the relevant state election official or the Attorney General and, if the violation is not corrected within 30 days (or 10 days if the violation occurs within 120 days before a federal election), file a civil action for relief; incarcerated individuals facing specific barriers to voter registration or absentee ballot access may bring suit immediately.

This section defines four terms for purposes of the Act: (1) carceral setting as any prison, jail, or similar facility confining individuals charged with or convicted of criminal offenses, excluding residential community treatment centers; (2) chief State election official as the individual designated under section 10 of the National Voter Registration Act of 1993; (3) election as a general, special, primary, runoff, or party nominating election or convention; and (4) Federal office as President, Vice President, Senator, Representative, Delegate, or Resident Commissioner.

This section provides that nothing in the Act prohibits states from enacting less restrictive voting or voter registration laws for federal, state, or local elections. It also establishes that the Act's rights and remedies supplement, without superseding or limiting, those under 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.