De facto federal non-enforcement posture regarding felony disenfranchisement under VRA and 14th Amendment equal protection grounds.

Voting Rights for People With Criminal Records

AKA “Establish Uniform Voting Rights Restoration Guidelines”


Which agency/agencies promulgated the regulation? *
U.S. Department of Justice (DOJ) – Civil Rights Division U.S. Department of Health and Human Services (HHS) – Office of Civil Rights (for reentry program alignment)
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
Rescind absence of DOJ interpretive guidance under the Voting Rights Act and 14th Amendment to challenge discriminatory felony disenfranchisement schemes.
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Interpretive Rule
What is the name of the regulation being rescinded, if applicable? *
De facto federal non-enforcement posture regarding felony disenfranchisement under VRA and 14th Amendment equal protection grounds.
Please provide a short summary of the justifications for the rescission. *
The DOJ’s failure to challenge state felony disenfranchisement laws through the Voting Rights Act framework and 14th Amendment enforcement has enabled unequal, racially biased voting restrictions for over 4.6 million Americans. That silence is a permissive policy stance—and it must be rescinded.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Department of Justice Civil Rights Division – Voting Section 950 Pennsylvania Avenue, NW Washington, DC 20530
Please insert the contact information for the agency. *
Andrew Braniff, Senior Counsel to the Assistant Attorney General (202) 514-3831 EMP.Lit@crt.usdoj.gov
What is the background for the regulation being rescinded? *
Felony disenfranchisement laws vary widely across states, often denying the vote to individuals long after completing sentences. These policies disproportionately harm Black, Indigenous, and low-income communities. The DOJ has declined to issue guidance or initiate equal protection challenges, deferring entirely to state law.
Explain the reasons for the rescission. *
Federal inaction is not neutrality—it’s complicity in systemic voter suppression. Rescinding this passive posture would permit DOJ to issue guidance mandating automatic restoration of voting rights upon release, and create funding incentives tied to compliance. This would align voting rights with reentry, reduce recidivism, and affirm democratic inclusion.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
DOJ shall issue interpretive guidance requiring all states to restore voting rights automatically upon release from incarceration. Civil Rights Division enforcement shall treat post-sentence disenfranchisement as presumptively discriminatory. HHS and DOJ reentry programs shall condition funding eligibility on state compliance with voting rights restoration.
Please insert the name of the current agency head. *
Kristen Clarke
Please insert the title of the agency head. *
Assistant Attorney General for Civil Rights