A joint resolution proposing an amendment to the Constitution of the United States relative to the fundamental right to vote.
- Sponsor
- Sen. Durbin, Richard J. [D-IL]
- Committees
- Judiciary Committee (primary)
- Last action
- Apr 27, 2026
Bottom line
This joint resolution aims to enshrine a fundamental right to vote in the U.S. Constitution, standardize voting access, restore voting rights to individuals with felony convictions, and empower Congress to protect this right.
What it actually does
This joint resolution proposes a constitutional amendment to establish a fundamental right to vote for all eligible citizens, mandating that any denial or abridgment of this right must meet a strict scrutiny standard. It also seeks to repeal the phrase 'or other crime' from the 14th Amendment, which has historically permitted felony disenfranchisement, and grants Congress explicit power to enforce these provisions through legislation.
Proponents argue
Supporters argue that this amendment is crucial for strengthening American democracy by ensuring equitable access to the ballot box, protecting against restrictive state voting laws, and addressing historical injustices like felony disenfranchisement. They contend it would affirm voting as a foundational right, rather than a privilege, and provide a robust federal framework to safeguard it.
Opponents contend
Opponents might argue that this proposal represents an unwarranted federalization of election administration, infringing upon states' traditional authority to manage their own elections. They may also contend that applying strict scrutiny to voting laws could undermine legitimate election integrity measures and that restoring voting rights to all felons could compromise public safety and civic trust.
The bill text is exceptionally brief and clear, allowing for a quick and thorough understanding of its contents.
Article --, Section 1
Establishes Fundamental Right to Vote
This section declares that every citizen of the United States, who is of legal voting age, shall have the fundamental right to vote in any public election held in the jurisdiction in which the citizen resides. This provision would elevate voting to a constitutionally protected fundamental right, making it significantly more difficult for states to impose restrictions.
Supporters argue
Supporters argue this provision is crucial for ensuring that voting is treated as a core tenet of democracy, preventing states from enacting restrictive voting laws that disproportionately affect certain populations and ensuring equal access for all eligible citizens.
Critics contend
Opponents might argue this provision could lead to federal overreach into state election administration, potentially overriding state-specific requirements for voter registration or identification, and diminishing local control over election processes.
Tradeoffs
This provision balances the federal protection of individual voting rights against the traditional authority of states to administer their own elections.
Article --, Section 2
Strict Scrutiny Standard for Voting Restrictions
This section mandates that any denial or abridgment of the fundamental right to vote by the United States or any State or political subdivision must be in furtherance of a 'compelling governmental interest' and be the 'least restrictive means' of achieving that interest. This applies the highest judicial standard of review to any law or practice that restricts voting.
Article --, Section 3
Repeals Felony Disenfranchisement Clause
This section repeals the phrase 'or other crime' from Section 2 of the Fourteenth Amendment. This phrase currently allows states to deny voting rights to citizens for participation in rebellion or 'other crime,' which has historically been interpreted to permit felony disenfranchisement. Its repeal would effectively restore voting rights to individuals with felony convictions nationwide.
Article --, Section 4
Grants Congress Enforcement Power
This section grants Congress the power to enforce the proposed article and protect against any denial or abridgment of the fundamental right to vote by legislation. This would provide a clear constitutional basis for federal laws aimed at protecting voting rights, similar to the enforcement clauses of other constitutional amendments.