Inclusive Democracy Act of 2026

This bill aims to safeguard the fundamental right of all United States citizens to vote in federal elections, explicitly stating that this right shall not be denied or abridged due to a criminal conviction. This protection applies retroactively and prospectively to all convictions, ensuring that past, present, and future convictions do not disenfranchise citizens from participating in federal elections. The legislation emphasizes that this right is a core component of an inclusive democracy.

A key provision requires extensive notification of voting rights to individuals within the criminal justice system. Both state and federal authorities must inform individuals at the time of conviction that their right to vote in federal elections remains intact. Furthermore, probation, parole, and carceral facilities are mandated to provide written notifications about these voting eligibility changes, while the Election Assistance Commission will conduct a national public awareness campaign. The Department of Justice is also tasked with publishing updated guidance on voting rights for individuals with criminal records.

The bill establishes detailed procedures to facilitate voter registration and absentee voting for incarcerated individuals. Carceral settings must offer voter registration opportunities, promptly transmit completed applications, and allow individuals to use either their last known address or the facility's address. For absentee voting, incarcerated individuals are guaranteed the right to vote by mail, with carceral settings responsible for providing applications and transmitting ballots. The Act also includes provisions for provisional absentee ballots, prepaid postage, and a process to cure ballot defects, ensuring that technicalities do not prevent eligible votes from being counted.

To further support voter participation, the legislation requires carceral settings to provide internet access for election research and permit non-partisan groups and campaigns to distribute educational materials. It also mandates the prominent posting of voting information within facilities and allows nonpartisan entities to offer voter registration services, explicitly prohibiting discriminatory restrictions on their access. The bill includes robust enforcement mechanisms, allowing both the Attorney General and aggrieved individuals to seek declaratory or injunctive relief for violations, with immediate action permitted for certain denials of registration or absentee voting access.