HB 445

VOTING REGISTRATION FORM Present law requires the election commission's voter registration form to substantially adhere to certain required questions. One such question is, "Have you ever been convicted of a crime which is a felony in this state, by a court in this state, a court in another state, or a federal court?"" The form then requires, "" If the answer [… ] is 'yes, ' have you received a pardon or had your full rights of citizenship restored by a court for all crimes listed?"" This bill revises this follow-up question to require, instead, the person to answer whether such person had rights o f suffrage restored as prescribed by the law of this state for each felony conviction. SUFFRAGE This bill deletes the present law procedures for applying for right of suffrage restoration. These deleted provisions include (i) application and eligibility requirements, (ii) certificate of voting rights restoration form prepared by the coordinator of elections and its issuance, and (iii) persons never eligible to register to vote. Right of Restoration Present law authorizes a person who forfeited the ri ght of suffrage due to conviction of a felony to register to vote and vote at any election for which the person is eligible by submitting sufficient proof to the administrator of elections in the county in which the person is seeking to register to vote t h at such person has met any of the following factors:  The person has been pardoned of all felonies and the person's full rights of citizenship, including the right of suffrage, have been restored.  The person's full rights of citizenship have been restored as prescribed by law.  An appellate court of competent jurisdiction has entered a final judgment reversing the person's conviction, or convictions, of all infamous crimes. This bill deletes the second factor listed above and revises the first factor. T he first factor, which requires the person to be pardoned of all felonies and the person's full rights of citizenship be restored, is revised to require, instead, that the person be pardoned of all felonies and the person's right of suffrage be restored a s prescribed by the law of this state for each felony conviction. Governing Factors Present law requires certain factors to govern the exercise of the right of suffrage for persons convicted of a felony. This bill removes those provisions and provides, instead, that the following provisions govern the exercise of the right of suffrage for those persons convicted of a felony:  A person who has been convicted of a felony in this state is prohibited from registering to vote or voting at an election unless (i) the person has been pardoned by the governor and the person's right of suffrage has been restored as prescribed by state law for each felony conviction; or (ii) the person's right of suffrage has otherwise been restored as prescribed by state law for each felony conviction.  A person who has been convicted in federal court of a crime or offense which would constitute a felony under state laws, regardless of the sentence imposed, is prohibited from registering to vote or voting at an election unless (i) the person has been pardoned by the president of the United States and the person's right of suffrage has been restored as prescribed by state law for each felony conviction; or (ii) the person's right of suffrage has otherwise been restored as prescribed by state law for each felony conviction.  A person who has been convicted in another state of a crime or offense which would constitute a felony under state law, regardless of the sentence imposed, is prohibited from registering to vote or voting at an election in this state unless (i) the person has been pardoned by the governor or other appropriate authority of such other state and the person's right of suffrage has been restored as prescribed by state law for each felony conviction; or (ii) the person's right of suffrage has otherwise been restored as prescribed by state law for each felony conviction. This bill provides that the right of suffrage is restored by operation of law on the effective date of this bill to a person who forfeited the right of s uffrage only because of a felony conviction prior to January 15, 1973. PROCEDURES TO RESTORE RIGHTS OF CITIZENSHIP Present law provides different procedures for restoration of citizenship based on whether a person was convicted of a felony prior to July 2, 1986; after July 1, 1986, but before July 1, 1996; or on or after July 1, 1996. This bill removes such existing procedures and, instead, establishes the following requirements and procedures to restore rights of citizenship. Eligibility Except for certain ineligible persons, this bill authorizes a person rendered infamous or deprived of rights of citizenship by the judgment of a state or federal court to seek restoration of such rights by petitioning the circuit court of the county where the petit i oner resides or where the conviction occurred. The rights of citizenship include the following rights: (i) the right to serve on a jury; (ii) the right of suffrage; (iii) the right to hold public office; (iv) the right to execute a fiduciary office; and ( v) the right to possess a firearm. Such petition to restore rights of citizenship may be filed after any of the following events occur:  Receiving a pardon. However, a court does not have the jurisdiction to alter, delete, or render void special conditions of a pardon pertaining to the right of suffrage or the right to possess a firearm.  Being discharged from custody by reason of service or expiration of the maximum sentence imposed by the court for the felony.  Being granted a certificate of final discharge from supervision by the board of parole, or an equivalent discharge by another state, the federal government, or county correction authority. Ineligibility of Suffrage Rights Restored This bill prohibits the following persons from ever being eligible to have the right of suffrage restored and vote in this state:  A person convicted after July 1, 1986 of first degree murder, aggravated rape, treason, or voter fraud.  A person convicted after July 1, 1996, but before July 1, 2006, of any of the offenses set out above or any other degree of murder or rape.  A person convicted on or after July 1, 2006 of (i) any of the offenses set out above, (ii) any felony bribery, felony misconduct involving public officials or employees, felony interference with government operations, or any violation containing the same elements and designated as a felony in any other state or federal court; or (iii) any sexual offense or violent sexual offense that is designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court and in which the victim was a minor. Paid in Full This bill provides that a person convicted of a felony after May 18, 1981, is not eligible to have the right of suffrage restored and vote in this state unless the person meets all of the following conditions:  All restitution has been paid to the victim or victims of the offense ordered by the court as part of the sentence.  Beginning September 1, 2010, all court costs assessed against the person at the conclusion of the person's trial have been paid, except where the court has made a finding at an evidentiary hearing that the person is indigent at the time of filing the petition for restoration of the right of suffrage.  All child support obligations are current. Petition This bill requires that a petition for restoration of rights of citizenship must set forth the basis for the petitioner's eligibility for restoration, including all of the following information:  A list of each state and federal felony conviction of the petitioner.  Whether the petitioner is eligible to have the right of suffrage restored as outlined above.  Whether the petitioner is prohibited from possessing a firearm.  The reasons the petitioner believes that the petitioner's citizenship rights should be restored.  Satisfactory proof, such as certified records, sworn statements, and other documents or information, necessary to demonstrate to the court that the petitioner is both eligible for and merits having rights of citizenship restored.  In order to restore the petitioner's right of suffrage, sworn statements by the petitioner demonstrating that the petitioner is eligible for restoration of the right of suffrage as outlined above. This bill authorizes the court to require any additional proof as it deems necessary to reach a just decision on the petition. Notice Prior to acting on a filed petition, this bill requires the court to notify the district attorney general in whose county the pet itioner resides and each district attorney general of the county in which each conviction occurred that a petition for restoration of rights of citizenship has been filed by the petitioner. The notice must be sent at least 30 days prior to any hearing on or disposition of the petition. Each district attorney general so notified may object to the restoration of the petitioner's citizenship rights either in person or in writing. The court must also notify the coordinator of elections and the attorney gene r al with 30 days' notice. The coordinator of elections or the attorney general, as counsel for this state, may intervene either in person or in writing for the purpose of objecting to the petitioner's eligibility for restoration of citizenship rights. If the petitioner was rendered infamous or deprived of citizenship rights by judgment of a federal court, then this bill requires the circuit court to give the notice required above to the U.S. attorney, the district attorney general in whose district the p e titioner is currently residing, the coordinator of elections, and the attorney general. Each such official has the same right to object to the petition as above. Burden of Proof This bill provides the petitioner has the burden of establishing by a pre ponderance of the evidence that the petitioner is eligible for restoration of each of the rights of citizenship sought in the petition. Final Order This bill requires the court to order the restoration of the petitioner's full rights of citizenship and send a copy of the order to the state coordinator of elections if, upon the face of the petition or after conducting a hearing, the court finds the petitioner (i) is eligible for restoration of the right of suffrage as outlined above; (ii) is not prohibi t ed from possessing a firearm; and (iii) merits having full citizenship rights restored. If, upon the face of the petition or after conducting a hearing, the court does not find that the petitioner's full citizenship rights should be restored but does fin d that one or more of the petitioner's citizenship rights should be restored, then this bill requires the court must so order. However, the court (i) must not order the restoration of the petitioner's right to possess a firearm unless the person's full r i ghts of citizenship are being restored and the person is not prohibited from possessing a firearm; and the court (ii) must not order the restoration of the petitioner's right of suffrage unless the court finds that the petitioner is eligible for restorati o n of such rights as outlined above. If the court determines that the petitioner's right of suffrage should be restored, then this bill requires the court to direct that a copy of an order restoring the right of suffrage be sent to the state coordinator of elections. Costs This bill requires that all costs for a proceeding be paid by the petitioner unless the court specifically orders otherwise. Voter Registration Cards This bill requires a person whose right of suffrage has been restored by order of the court to submit a certified copy of the order to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections must verify with the coordinator of elections that the order was issued and, upo n receiving the verification, must issue the person a voter registration card entitling the person to vote. Previous Suffrage Restorations If a person obtained a court order prior to the effective date of this bill that restores the person's right of su ffrage and the person submits a certified copy of the court order and a sworn statement signed by the person seeking restoration stating that the petitioner is eligible for restoration of the right of suffrage to the administrator of elections of the coun t y in which the person resides, then this bill requires the administrator of elections to provide a copy of the court order to the coordinator of elections within five business days. The coordinator of elections must verify the court order and, if the swo r n statement is accurate and the person is otherwise eligible, inform the administrator of elections that the person must be issued a voter registration card entitling the person to vote. The coordinator of elections is authorized to develop a uniform for m for the required sworn statement. ON APRIL 14, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 407, AS AMENDED. AMENDMENT #1 makes the following changes and additions to this bill and present law concerning restoration of rights of citizenship: (1) Removes fines from the definition of court costs for purposes of determining the costs that a person convicted of an infamous crime on or after September 1, 2010, must have paid to be eligible for restoration of the right of suffrage; (2) Clarifies that the court clerk, not the court, is responsible for notifying prosecutors and others concerning the filing of a petition for restoration of citizenship rights; (3) Clarifies that only prosecuting attorneys, not the coordinator of elect ions, have standing to object to a petition, and adds that, if no prosecutor objects to a petition within 30 days of receipt of notice, then the court may rule on the petition without a hearing; (4) Requires that a court must find a petitioner to be indi gent before waiving court costs associated with the petition; and (5) Requires the administrative office of the courts (""AOC""), in consultation with the s ecretary of state and other entities as deemed appropriate by the AOC, to develop a petition for res toration of citizenship rights form and an order granting restoration of citizenship rights form and to make th e petition and order forms available to the clerks of court, the department of correction, the board of parole, the department of human services, and online for use by the public."