[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4
To amend the Voting Rights Act of 1965 to revise the criteria for
determining which States and political subdivisions are subject to
section 4 of the Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 17, 2021
Ms. Sewell (for herself, Ms. Pelosi, Mr. Hoyer, Mr. Clyburn, Mr.
Nadler, Mr. Cohen, Ms. Lofgren, Mr. Butterfield, Mrs. Beatty, Mr. Ruiz,
Ms. Chu, Ms. Jackson Lee, Mr. Johnson of Georgia, Mr. Deutch, Ms. Bass,
Mr. Jeffries, Mr. Cicilline, Mr. Swalwell, Mr. Lieu, Mr. Raskin, Ms.
Jayapal, Mrs. Demings, Mr. Correa, Ms. Scanlon, Ms. Garcia of Texas,
Mr. Neguse, Mrs. McBath, Mr. Stanton, Ms. Dean, Ms. Escobar, Mr. Jones,
Ms. Ross, Ms. Bush, Ms. Adams, Mr. Aguilar, Mr. Allred, Mr.
Auchincloss, Mrs. Axne, Mr. Bera, Mr. Bishop of Georgia, Mr.
Blumenauer, Ms. Bonamici, Ms. Bourdeaux, Mr. Bowman, Mr. Brendan F.
Boyle of Pennsylvania, Mr. Brown, Ms. Brownley, Mr. Carbajal, Mr.
Cardenas, Mr. Carson, Mr. Carter of Louisiana, Mr. Casten, Ms. Castor
of Florida, Mr. Castro of Texas, Ms. Clark of Massachusetts, Ms. Clarke
of New York, Mr. Cleaver, Mr. Cooper, Mr. Costa, Mr. Courtney, Ms.
Craig, Mr. Crist, Mr. Danny K. Davis of Illinois, Mr. DeFazio, Ms.
DeGette, Ms. DelBene, Mr. Delgado, Mr. DeSaulnier, Mrs. Dingell, Ms.
Eshoo, Mr. Espaillat, Mr. Evans, Mrs. Fletcher, Mr. Foster, Mr.
Gallego, Mr. Garamendi, Mr. Gottheimer, Mr. Green of Texas, Mr.
Grijalva, Mrs. Hayes, Mr. Himes, Mr. Horsford, Ms. Houlahan, Mr.
Huffman, Ms. Johnson of Texas, Mr. Kahele, Mr. Kildee, Mr. Kilmer, Mr.
Kim of New Jersey, Mr. Kind, Mrs. Kirkpatrick, Mr. Krishnamoorthi, Ms.
Kuster, Mr. Lamb, Mr. Langevin, Mr. Larsen of Washington, Mr. Larson of
Connecticut, Mrs. Lawrence, Mr. Lawson of Florida, Ms. Lee of
California, Ms. Leger Fernandez, Mr. Levin of California, Mr. Lynch,
Mr. Malinowski, Mrs. Carolyn B. Maloney of New York, Mr. Sean Patrick
Maloney of New York, Ms. Manning, Ms. Matsui, Ms. McCollum, Mr.
McEachin, Mr. McGovern, Mr. McNerney, Mr. Meeks, Ms. Meng, Mr. Mfume,
Ms. Moore of Wisconsin, Mr. Morelle, Mr. Moulton, Mr. Mrvan, Mrs.
Murphy of Florida, Mrs. Napolitano, Mr. Neal, Ms. Norton, Ms. Ocasio-
Cortez, Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Pappas, Mr. Pascrell,
Mr. Payne, Mr. Peters, Mr. Phillips, Ms. Plaskett, Mr. Pocan, Ms.
Porter, Ms. Pressley, Mr. Price of North Carolina, Mr. Quigley, Miss
Rice of New York, Ms. Blunt Rochester, Mr. Ruppersberger, Mr. Rush, Ms.
Sanchez, Mr. Sarbanes, Ms. Schakowsky, Mr. Schiff, Mr. Schneider, Mr.
Schrader, Ms. Schrier, Mr. David Scott of Georgia, Mr. Scott of
Virginia, Mr. Sherman, Ms. Sherrill, Mr. Sires, Mr. Smith of
Washington, Ms. Spanberger, Ms. Speier, Ms. Stansbury, Ms. Stevens, Ms.
Strickland, Mr. Suozzi, Mr. Takano, Mr. Thompson of California, Ms.
Titus, Ms. Tlaib, Mrs. Torres of California, Mr. Torres of New York,
Mr. Trone, Ms. Underwood, Mr. Veasey, Mr. Vela, Ms. Velazquez, Ms.
Wasserman Schultz, Ms. Waters, Mrs. Watson Coleman, Mr. Welch, Ms.
Wild, Ms. Williams of Georgia, Ms. Wilson of Florida, Mr. Yarmuth, Mr.
Case, Mr. Ryan, Ms. Jacobs of California, Mr. Khanna, Mrs. Trahan, Mr.
Vargas, Mr. Norcross, Mr. Levin of Michigan, Ms. Newman, Mr. Harder of
California, Mr. Gomez, and Mr. Beyer) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Voting Rights Act of 1965 to revise the criteria for
determining which States and political subdivisions are subject to
section 4 of the Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John R. Lewis Voting Rights
Advancement Act of 2021''.
SEC. 2. VOTE DILUTION, DENIAL, AND ABRIDGMENT CLAIMS.
(a) In General.--Section 2(a) of the Voting Rights Act of 1965 (52
U.S.C. 10301(a)) is amended--
(1) by inserting after ``applied by any State or political
subdivision'' the following: ``for the purpose of, or''; and
(2) by striking ``as provided in subsection (b)'' and
inserting ``as provided in subsection (b), (c), (d), or (e)''.
(b) Vote Dilution.--Section 2(b) of such Act (52 U.S.C. 10301(b))
is amended--
(1) by inserting after ``A violation of subsection (a)''
the following: ``for vote dilution'';
(2) by inserting after the period at the end the following:
``For the purposes of this subsection:'';
(3) by adding at the end the following new paragraphs:
``(1) To prevail, a plaintiff shall, as a threshold matter,
establish that--
``(A) the members of the protected class are
sufficiently numerous and geographically compact to
constitute a majority in a single-member district;
``(B) the members of the protected class are
generally politically aligned; and
``(C) the residents of that district who are not
the members of the protected class vote sufficiently as
a bloc to enable them to defeat the preferred
candidates of the members of the protected class.
``(2) Upon a plaintiff establishing the required threshold
showing under paragraph (1), a court shall conduct a totality
of the circumstances analysis with respect to a claim of vote
dilution to determine whether there was a violation of
subsection (a), which shall include the following factors:
``(A) The extent the history of official voting
discrimination in the State or political subdivision.
``(B) The extent to which voting in the elections
of the State or political subdivision is racially
polarized.
``(C) The extent to which the State or political
subdivision has used voting practices or procedures
that tend to enhance the opportunity for discrimination
against the members of the protected class, such as
unusually large election districts, prohibitions
against bullet-voting, and majority vote requirements.
``(D) If there is a candidate slating process,
whether the members of the protected class have been
denied access to that process.
``(E) The extent to which members of the protected
class in the State or political subdivision bear the
effects of discrimination in such areas as education,
employment, and health, which hinder their ability to
participate effectively in the political process.
``(F) Whether political campaigns have been
characterized by overt or subtle racial appeals.
``(G) The extent to which members of the protected
class have been elected to public office in the
jurisdiction.
``(3) In conducting a totality of the circumstances
analysis under paragraph (2), a court may consider such other
factors as the court may determine to be relevant, including--
``(A) whether there is a significant lack of
responsiveness on the part of elected officials to the
particularized needs of the members of the protected
class; and
``(B) whether the policy underlying the State or
political subdivision's use of such voting
qualification, prerequisite to voting, or standard,
practice or procedure is tenuous.
``(4) A class of citizens protected by subsection (a) may
include a cohesive coalition of members of different racial or
language minority groups.''; and
(4) Vote denial or abridgement.--Section 2 of such Act (52
U.S.C. 10301), as amended by subsections (a) and (b), is
further amended by adding at the end the following:
``(c)(1) A violation of subsection (a) resulting in vote denial or
abridgment is established if the challenged qualification,
prerequisite, standard, practice, or procedure imposes a discriminatory
burden on members of a class of citizens protected by subsection (a),
in that--
``(A) members of the protected class face greater
difficulty in complying with the requirement, considering the
totality of the circumstances; and
``(B) the greater difficulty is, at least in part, caused
by or linked to social and historical conditions that have
produced or produce on the date of such challenge
discrimination against members of the protected class.
``(2) The challenged qualification, prerequisite, standard,
practice, or procedure need only be a but-for cause of the
discriminatory burden described in paragraph (1) or perpetuate a pre-
existing burden.
``(3)(A) The factors that are relevant to a totality of the
circumstances analysis with respect to a claim of vote denial or
abridgement pursuant to this subsection include the following:
``(i) The history of official voting-related discrimination
in the State or political subdivision.
``(ii) The extent to which voting in the elections of the
State or political subdivision is racially polarized.
``(iii) The extent to which the State or political
subdivision has used photographic voter identification
requirements, documentary proof of citizenship requirements,
documentary proof of residence requirements, or other voting
practices or procedures, beyond those required by Federal law,
that may impair the ability of members of the minority group to
participate fully in the political process.
``(iv) The extent to which minority group members bear the
effects of discrimination in areas such as education,
employment, and health, which hinder their ability to
participate effectively in the political process.
``(v) The use of overt or subtle racial appeals either in
political campaigns or surrounding adoption or maintenance of
the challenged practice.
``(vi) The extent to which members of the minority group
have been elected to public office in the jurisdiction,
provided that the fact that the minority group is too small to
elect candidates of its choice shall not defeat a claim of vote
denial or abridgment.
``(vii) Whether there is a lack of responsiveness on the
part of elected officials to the particularized needs of
minority group members.
``(viii) Whether the policy underlying the State or
political subdivision's use of the challenged qualification,
prerequisite, standard, practice, or procedure is tenuous.
``(ix) Subject to paragraph (4), such other factors as the
court may determine to be relevant.
``(B) The factors described in subparagraph (A), individually and
collectively, shall be considered as a means of establishing that a
voting practice amplifies the effects of past or present discrimination
in violation in subsection (a).
``(C) A plaintiff need not show any particular combination or
number of factors to establish a violation of subsection (a).
``(4) The factors that are relevant to a totality of the
circumstances analysis with respect to a claim of vote denial or
abridgement do not include the following:
``(A) The total number or share of members of a protected
class on whom a challenged qualification, prerequisite,
standard, practice, or procedure does not impose a material
burden.
``(B) The degree to which the challenged qualification,
prerequisite, standard, practice, or procedure has a long
pedigree or was in widespread use at some earlier date.
``(C) The use of an identical or similar qualification,
prerequisite, standard, practice, or procedure in other States
or jurisdictions.
``(D) The availability of other forms of voting unimpacted
by the challenged qualification, prerequisite, standard,
practice, or procedure to all members of the electorate,
including members of the protected class, unless the
jurisdiction is simultaneously expanding such other practices
to eliminate any disproportionate burden imposed by the
challenged qualification, prerequisite, standard, practice, or
procedure.
``(E) A prophylactic impact on potential criminal activity
by individual voters, if such crimes have not occurred in the
jurisdiction in substantial numbers.
``(F) Mere invocation of interests in voter confidence or
prevention of fraud.
``(d)(1) A violation of subsection (a) for the purpose of vote
denial or abridgement is established if the challenged qualification,
prerequisite, standard, practice, or procedure is intended, at least in
part, to dilute minority voting strength or to deny or abridge the
right of any citizen of the United States to vote on account of race,
color, or in contravention of the guarantees set forth in section
4(f)(2).
``(2) Discrimination on account of race, color, or in contravention
of the guarantees set forth in section 4(f)(2) need only be one purpose
of a qualification, prerequisite, standard, practice, or procedure to
demonstrate a violation of subsection (a).
``(3) A qualification, prerequisite, standard, practice, or
procedure intended to dilute minority voting strength or to make it
more difficult for minority voters to cast a ballot that will be
counted violates this subsection even if an additional purpose of the
qualification, prerequisite, standard, practice, or procedure is to
benefit a particular political party or group.
``(4) The context for the adoption of the challenged qualification,
prerequisite, standard, practice, or procedure, including actions by
official decisionmakers before the challenged qualification,
prerequisite, standard, practice, or procedure, may be relevant to a
violation of this subsection.
``(5) Claims under this subsection require proof of a
discriminatory impact but do not require proof of a violation pursuant
to subsection (b) or (c).''.
SEC. 3. RETROGRESSION.
Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.), as amended by section 2 of this Act, is further amended by
adding at the end the following:
``(e) A violation of subsection (a) is established with respect to
any challenged qualification, prerequisite, standard, practice, or
procedure that has not been imposed or applied in an election as of the
date of such challenge, if such qualification, prerequisite, standard,
practice, or procedure has the purpose or will have the effect of
denying or abridging the right to vote on account of race or color, or
in contravention of the guarantees set forth in section 4(f)(2), within
the meaning of section 5.''.
SEC. 4. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO RETAIN
JURISDICTION.
(a) Types of Violations.--Section 3(c) of the Voting Rights Act of
1965 (52 U.S.C. 10302(c)) is amended by striking ``violations of the
fourteenth or fifteenth amendment'' and inserting ``violations of the
14th or 15th Amendment, violations of this Act, or violations of any
Federal law that prohibits discrimination in voting on the basis of
race, color, or membership in a language minority group,''.
(b) Conforming Amendment.--Section 3(a) of such Act (52 U.S.C.
10302(a)) is amended by striking ``violations of the fourteenth or
fifteenth amendment'' and inserting ``violations of the 14th or 15th
Amendment, violations of this Act, or violations of any Federal law
that prohibits discrimination in voting on the basis of race, color, or
membership in a language minority group,''.
SEC. 5. CRITERIA FOR COVERAGE OF STATES AND POLITICAL SUBDIVISIONS.
(a) Determination of States and Political Subdivisions Subject to
Section 4(a).--
(1) In general.--Section 4(b) of the Voting Rights Act of
1965 (52 U.S.C. 10303(b)) is amended to read as follows:
``(b) Determination of States and Political Subdivisions Subject to
Requirements.--
``(1) Existence of voting rights violations during previous
25 years.--
``(A) Statewide application.--Subsection (a)
applies with respect to a State and all political
subdivisions within the State during a calendar year
if--
``(i) fifteen or more voting rights
violations occurred in the State during the
previous 25 calendar years;
``(ii) ten or more voting rights violations
occurred in the State during the previous 25
calendar years, at least one of which was
committed by the State itself (as opposed to a
political subdivision within the State); or
``(iii) three or more voting rights
violations occurred in the State during the
previous 25 calendar years and the State itself
administers the elections in the State or
political subdivisions in which the voting
rights violations occurred.
``(B) Application to specific political
subdivisions.--Subsection (a) applies with respect to a
political subdivision as a separate unit during a
calendar year if three or more voting rights violations
occurred in the subdivision during the previous 25
calendar years.
``(2) Period of application.--
``(A) In general.--Except as provided in
subparagraph (B), if, pursuant to paragraph (1),
subsection (a) applies with respect to a State or
political subdivision during a calendar year,
subsection (a) shall apply with respect to such State
or political subdivision for the period--
``(i) that begins on January 1 of the year
in which subsection (a) applies; and
``(ii) that ends on the date which is 10
years after the date described in clause (i).
``(B) No further application after declaratory
judgment.--
``(i) States.--If a State obtains a
declaratory judgment under subsection (a), and
the judgment remains in effect, subsection (a)
shall no longer apply to such State pursuant to
paragraph (1)(A) unless, after the issuance of
the declaratory judgment, paragraph (1)(A)
applies to the State solely on the basis of
voting rights violations occurring after the
issuance of the declaratory judgment.
``(ii) Political subdivisions.--If a
political subdivision obtains a declaratory
judgment under subsection (a), and the judgment
remains in effect, subsection (a) shall no
longer apply to such political subdivision
pursuant to paragraph (1), including pursuant
to paragraph (1)(A) (relating to the statewide
application of subsection (a)), unless, after
the issuance of the declaratory judgment,
paragraph (1)(B) applies to the political
subdivision solely on the basis of voting
rights violations occurring after the issuance
of the declaratory judgment.
``(3) Determination of voting rights violation.--For
purposes of paragraph (1), a voting rights violation occurred
in a State or political subdivision if any of the following
applies:
``(A) Judicial relief; violation of the 14th or
15th amendment.--Any final judgment, or any
preliminary, temporary, or declaratory relief (that was
not reversed on appeal), in which the plaintiff
prevailed or a court of the United States found that
the plaintiff demonstrated a likelihood of success on
the merits or raised a question with regard to race
discrimination, in which any court of the United States
determined that a denial or abridgement of the right of
any citizen of the United States to vote on account of
race, color, or membership in a language minority group
occurred, or that a voting qualification or
prerequisite to voting or standard, practice, or
procedure with respect to voting created an undue
burden on the right to vote in connection with a claim
that the law unduly burdened voters of a particular
race, color, or language minority group, in violation
of the 14th or 15th Amendment, anywhere within the
State or subdivision.
``(B) Judicial relief; violations of this act.--Any
final judgment, or any preliminary, temporary, or
declaratory relief (that was not reversed on appeal) in
which the plaintiff prevailed or a court of the United
States found that the plaintiff demonstrated a
likelihood of success on the merits or raised a serious
question with regard to race discrimination, in which
any court of the United States determined that a voting
qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting was
imposed or applied or would have been imposed or
applied anywhere within the State or subdivision in a
manner that resulted or would have resulted in a denial
or abridgement of the right of any citizen of the
United States to vote on account of race, color, or
membership in a language minority group, in violation
of subsection 4(e) or 4(f) or section 2, 201, or 203 of
this Act.
``(C) Final judgment; denial of declaratory
judgment.--In a final judgment (that was not been
reversed on appeal), any court of the United States has
denied the request of the State or subdivision for a
declaratory judgment under section 3(c) or section 5,
and thereby prevented a voting qualification or
prerequisite to voting or standard, practice, or
procedure with respect to voting from being enforced
anywhere within the State or subdivision.
``(D) Objection by the attorney general.--The
Attorney General has interposed an objection under
section 3(c) or section 5, and thereby prevented a
voting qualification or prerequisite to voting or
standard, practice, or procedure with respect to voting
from being enforced anywhere within the State or
subdivision. A violation per this subsection has not
occurred where an objection has been withdrawn by the
Attorney General, unless the withdrawal was in response
to a change in the law or practice that served as the
basis of the objection. A violation under this
subsection has not occurred where the objection is
based solely on a State or political subdivision's
failure to comply with a procedural process that would
not otherwise constitute an independent violation of
this act.
``(E) Consent decree, settlement, or other
agreement.--A consent decree, settlement, or other
agreement was adopted or entered by a court of the
United States or contained an admission of liability by
the defendants, which resulted in the alteration or
abandonment of a voting practice anywhere in the
territory of such State that was challenged on the
ground that the practice denied or abridged the right
of any citizen of the United States to vote on account
of race, color, or membership in a language minority
group in violation of subsection 4(e) or 4(f) or
section 2, 201, or 203 of this Act, or the 14th or 15th
Amendment. An extension or modification of an agreement
as defined by this subsection that has been in place
for ten years or longer shall count as an independent
violation. If a court of the United States finds that
an agreement itself as defined by this subsection
denied or abridged the right of any citizen of the
United States to vote on account of race, color, or
membership in a language minority group, violated
subsection 4(e) or 4(f) or section 2, 201, or 203 of
this Act, or created an undue burden on the right to
vote in connection with a claim that the consent
decree, settlement, or other agreement unduly burdened
voters of a particular race, color, or language
minority group, that finding shall count as an
independent violation.
``(F) Multiple violations.--Each voting
qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting,
including each redistricting plan, found to be a
violation by a court of the United States pursuant to
subsection (a) or (b), or prevented from enforcement
pursuant to subsection (c) or (d), or altered or
abandoned pursuant to subsection (e) shall count as an
independent violation. Within a redistricting plan,
each violation found to discriminate against any group
of voters based on race, color, or language minority
group shall count as an independent violation.
``(4) Timing of determinations.--
``(A) Determinations of voting rights violations.--
As early as practicable during each calendar year, the
Attorney General shall make the determinations required
by this subsection, including updating the list of
voting rights violations occurring in each State and
political subdivision for the previous calendar year.
``(B) Effective upon publication in federal
register.--A determination or certification of the
Attorney General under this section or under section 8
or 13 shall be effective upon publication in the
Federal Register.''.
(2) Conforming amendments.--Section 4(a) of such Act (52
U.S.C. 10303(a)) is amended--
(A) in paragraph (1), in the first sentence of the
matter preceding subparagraph (A), by striking ``any
State with respect to which'' and all that follows
through ``unless'' and inserting ``any State to which
this subsection applies during a calendar year pursuant
to determinations made under subsection (b), or in any
political subdivision of such State (as such
subdivision existed on the date such determinations
were made with respect to such State), though such
determinations were not made with respect to such
subdivision as a separate unit, or in any political
subdivision with respect to which this subsection
applies during a calendar year pursuant to
determinations made with respect to such subdivision as
a separate unit under subsection (b), unless'';
(B) in paragraph (1) in the matter preceding
subparagraph (A), by striking the second sentence;
(C) in paragraph (1)(A), by striking ``(in the case
of a State or subdivision seeking a declaratory
judgment under the second sentence of this
subsection)'';
(D) in paragraph (1)(B), by striking ``(in the case
of a State or subdivision seeking a declaratory
judgment under the second sentence of this
subsection)'';
(E) in paragraph (3), by striking ``(in the case of
a State or subdivision seeking a declaratory judgment
under the second sentence of this subsection)'';
(F) in paragraph (5), by striking ``(in the case of
a State or subdivision which sought a declaratory
judgment under the second sentence of this
subsection)'';
(G) by striking paragraphs (7) and (8); and
(H) by redesignating paragraph (9) as paragraph
(7).
(b) Clarification of Treatment of Members of Language Minority
Groups.--Section 4(a)(1) of such Act (52 U.S.C. 10303(a)(1)) is amended
by striking ``race or color,'' and inserting ``race, color, or in
contravention of the guarantees of subsection (f)(2),''.
SEC. 6. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT TO
PRECLEARANCE FOR COVERED PRACTICES.
The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is further
amended by inserting after section 4 the following:
``SEC. 4A. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT
TO PRECLEARANCE FOR COVERED PRACTICES.
``(a) Practice-Based Preclearance.--
``(1) In general.--Each State and each political
subdivision shall--
``(A) identify any newly enacted or adopted law,
regulation, or policy that includes a voting
qualification or prerequisite to voting, or a standard,
practice, or procedure with respect to voting, that is
a covered practice described in subsection (b); and
``(B) ensure that no such covered practice is
implemented unless or until the State or political
subdivision, as the case may be, complies with
subsection (c).
``(2) Determinations of characteristics of voting-age
population.--
``(A) In general.--As early as practicable during
each calendar year, the Attorney General, in
consultation with the Director of the Bureau of the
Census and the heads of other relevant offices of the
government, shall make the determinations required by
this section regarding voting-age populations and the
characteristics of such populations, and shall publish
a list of the States and political subdivisions to
which a voting-age population characteristic described
in subsection (b) applies.
``(B) Publication in the federal register.--A
determination or certification of the Attorney General
under this paragraph shall be effective upon
publication in the Federal Register.
``(b) Covered Practices.--To assure that the right of citizens of
the United States to vote is not denied or abridged on account of race,
color, or membership in a language minority group as a result of the
implementation of certain qualifications or prerequisites to voting, or
standards, practices, or procedures with respect to voting newly
adopted in a State or political subdivision, the following shall be
covered practices subject to the requirements described in subsection
(a):
``(1) Changes to method of election.--Any change to the
method of election--
``(A) to add seats elected at-large in a State or
political subdivision where--
``(i) two or more racial groups or language
minority groups each represent 20 percent or
more of the political subdivision's voting-age
population; or
``(ii) a single language minority group
represents 20 percent or more of the voting-age
population on Indian lands located in whole or
in part in the political subdivision; or
``(B) to convert one or more seats elected from a
single-member district to one or more at-large seats or
seats from a multi-member district in a State or
political subdivision where--
``(i) two or more racial groups or language
minority groups each represent 20 percent or
more of the political subdivision's voting-age
population; or
``(ii) a single language minority group
represents 20 percent or more of the voting-age
population on Indian lands located in whole or
in part in the political subdivision.
``(2) Changes to jurisdiction boundaries.--Any change or
series of changes within a year to the boundaries of a
jurisdiction that reduces by 3 or more percentage points the
proportion of the jurisdiction's voting-age population that is
comprised of members of a single racial group or language
minority group in a State or political subdivision where--
``(A) two or more racial groups or language
minority groups each represent 20 percent or more of
the political subdivision's voting-age population; or
``(B) a single language minority group represents
20 percent or more of the voting-age population on
Indian lands located in whole or in part in the
political subdivision.
``(3) Changes through redistricting.--Any change to the
boundaries of election districts in a State or political
subdivision where any racial group or language minority group
that is not the largest racial group or language minority group
in the jurisdiction and that represents 15 percent or more of
the State or political subdivision's voting-age population
experiences a population increase of at least 20 percent of its
voting-age population, over the preceding decade (as calculated
by the Bureau of the Census under the most recent decennial
census), in the jurisdiction.
``(4) Changes in documentation or qualifications to vote.--
Any change to requirements for documentation or proof of
identity to vote or register to vote that will exceed or be
more stringent than such requirements under State law on the
day before the date of enactment of the John R. Lewis Voting
Rights Advancement Act of 2021; and further, if a State has in
effect a requirement that an individual present identification
as a condition of receiving and casting a ballot in an election
for Federal office, if the State does not permit the individual
to meet the requirement and cast a ballot in the election in
the same manner as an individual who presents identification--
``(A) in the case of an individual who desires to
vote in person, by presenting the appropriate State or
local election official with a sworn written statement,
signed by the individual under penalty of perjury,
attesting to the individual's identity and attesting
that the individual is eligible to vote in the
election; and
``(B) in the case of an individual who desires to
vote by mail, by submitting with the ballot the
statement described in subparagraph (A).
``(5) Changes to multilingual voting materials.--Any change
that reduces multilingual voting materials or alters the manner
in which such materials are provided or distributed, where no
similar reduction or alteration occurs in materials provided in
English for such election.
``(6) Changes that reduce, consolidate, or relocate voting
locations, or reduce voting opportunities.--Any change that
reduces, consolidates, or relocates voting locations, including
early, absentee, and election-day voting locations, or reduces
days or hours of in-person voting on any Sunday during a period
occurring prior to the date of an election during which voters
may cast ballots in such election, or prohibits the provision
of food or non-alcoholic drink to persons waiting to vote in an
election except where the provision would violate prohibitions
on expenditures to influence voting--
``(A) in one or more census tracts wherein two or
more language minority groups or racial groups each
represent 20 percent or more of the voting-age
population of the political subdivision; or
``(B) on Indian lands wherein at least 20 percent
of the voting-age population belongs to a single
language minority group.
``(7) New list maintenance process.--Any change to the
maintenance of voter registration lists that adds a new basis
for removal from the list of active registered voters or that
incorporates new sources of information in determining a
voter's eligibility to vote, wherein such a change would have a
statistically significant disparate impact on the removal from
voter rolls of members of racial groups or language minority
groups that constitute greater than 5 percent of the voting-age
population--
``(A) in the case of a political subdivision
imposing such change if--
``(i) two or more racial groups or language
minority groups each represent 20 percent or
more of the voting-age population of the
political subdivision; or
``(ii) a single language minority group
represents 20 percent or more of the voting-age
population on Indian lands located in whole or
in part in the political subdivision; or
``(B) in the case of a State imposing such change,
if two or more racial groups or language minority
groups each represent 20 percent or more of the voting-
age population of--
``(i) the State; or
``(ii) a political subdivision in the
State, except that the requirements under
subsections (a) and (c) shall apply only with
respect to each such political subdivision.
``(c) Preclearance.--
``(1) In general.--Whenever a State or political
subdivision with respect to which the requirements set forth in
subsection (a) are in effect shall enact, adopt, or seek to
implement any covered practice described under subsection (b),
such State or subdivision may institute an action in the United
States District Court for the District of Columbia for a
declaratory judgment that such covered practice neither has the
purpose nor will have the effect of denying or abridging the
right to vote on account of race, color, or membership in a
language minority group, and unless and until the court enters
such judgment such covered practice shall not be implemented.
Notwithstanding the previous sentence, such covered practice
may be implemented without such proceeding if the covered
practice has been submitted by the chief legal officer or other
appropriate official of such State or subdivision to the
Attorney General and the Attorney General has not interposed an
objection within 60 days after such submission, or upon good
cause shown, to facilitate an expedited approval within 60 days
after such submission, the Attorney General has affirmatively
indicated that such objection will not be made. Neither an
affirmative indication by the Attorney General that no
objection will be made, nor the Attorney General's failure to
object, nor a declaratory judgment entered under this section
shall bar a subsequent action to enjoin implementation of such
covered practice. In the event the Attorney General
affirmatively indicates that no objection will be made within
the 60-day period following receipt of a submission, the
Attorney General may reserve the right to reexamine the
submission if additional information comes to the Attorney
General's attention during the remainder of the 60-day period
which would otherwise require objection in accordance with this
section. Any action under this section shall be heard and
determined by a court of three judges in accordance with the
provisions of section 2284 of title 28, United States Code, and
any appeal shall lie to the Supreme Court.
``(2) Denying or abridging the right to vote.--Any covered
practice described in subsection (b) that has the purpose of or
will have the effect of diminishing the ability of any citizens
of the United States on account of race, color, or membership
in a language minority group, to elect their preferred
candidates of choice denies or abridges the right to vote
within the meaning of paragraph (1) of this subsection.
``(3) Purpose defined.--The term `purpose' in paragraphs
(1) and (2) of this subsection shall include any discriminatory
purpose.
``(4) Purpose of paragraph (2).--The purpose of paragraph
(2) of this subsection is to protect the ability of such
citizens to elect their preferred candidates of choice.
``(d) Enforcement.--The Attorney General or any aggrieved citizen
may file an action in a Federal district court to compel any State or
political subdivision to satisfy the obligations set forth in this
section. Such actions shall be heard and determined by a court of three
judges under section 2284 of title 28, United States Code. In any such
action, the court shall provide as a remedy that any voting
qualification or prerequisite to voting, or standard, practice, or
procedure with respect to voting, that is the subject of the action
under this subsection be enjoined unless the court determines that--
``(1) the voting qualification or prerequisite to voting,
or standard, practice, or procedure with respect to voting, is
not a covered practice described in subsection (b); or
``(2) the State or political subdivision has complied with
subsection (c) with respect to the covered practice at issue.
``(e) Counting of Racial Groups and Language Minority Groups.--For
purposes of this section, the calculation of the population of a racial
group or a language minority group shall be carried out using the
methodology in the guidance promulgated in the Federal Register on
February 9, 2011 (76 Fed. Reg. 7470).
``(f) Special Rule.--For purposes of determinations under this
section, any data provided by the Bureau of the Census, whether based
on estimation from sample or actual enumeration, shall not be subject
to challenge or review in any court.
``(g) Multilingual Voting Materials.--In this section, the term
`multilingual voting materials' means registration or voting notices,
forms, instructions, assistance, or other materials or information
relating to the electoral process, including ballots, provided in the
language or languages of one or more language minority groups.''.
SEC. 7. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT.
(a) Transparency.--
(1) In general.--The Voting Rights Act of 1965 (52 U.S.C.
10301 et seq.) is amended by inserting after section 5 the
following new section:
``SEC. 6. TRANSPARENCY REGARDING CHANGES TO PROTECT VOTING RIGHTS.
``(a) Notice of Enacted Changes.--
``(1) Notice of changes.--If a State or political
subdivision makes any change in any qualification or
prerequisite to voting or standard, practice, or procedure with
respect to voting in any election for Federal office that will
result in the qualification or prerequisite, standard,
practice, or procedure being different from that which was in
effect as of 180 days before the date of the election for
Federal office, the State or political subdivision shall
provide reasonable public notice in such State or political
subdivision and on the website of the State or political
subdivision, of a concise description of the change, including
the difference between the changed qualification or
prerequisite, standard, practice, or procedure and the
prerequisite, standard, practice, or procedure which was
previously in effect. The public notice described in this
paragraph, in such State or political subdivision and on the
website of a State or political subdivision, shall be in a
format that is reasonably convenient and accessible to persons
with disabilities who are eligible to vote, including persons
who have low vision or are blind.
``(2) Deadline for notice.--A State or political
subdivision shall provide the public notice required under
paragraph (1) not later than 48 hours after making the change
involved.
``(b) Transparency Regarding Polling Place Resources.--
``(1) In general.--In order to identify any changes that
may impact the right to vote of any person, prior to the 30th
day before the date of an election for Federal office, each
State or political subdivision with responsibility for
allocating registered voters, voting machines, and official
poll workers to particular precincts and polling places shall
provide reasonable public notice in such State or political
subdivision and on the website of a State or political
subdivision, of the information described in paragraph (2) for
precincts and polling places within such State or political
subdivision. The public notice described in this paragraph, in
such State or political subdivision and on the website of a
State or political subdivision, shall be in a format that is
reasonably convenient and accessible to persons with
disabilities who are eligible to vote, including persons who
have low vision or are blind.
``(2) Information described.--The information described in
this paragraph with respect to a precinct or polling place is
each of the following:
``(A) The name or number.
``(B) In the case of a polling place, the location,
including the street address, and whether such polling
place is accessible to persons with disabilities.
``(C) The voting-age population of the area served
by the precinct or polling place, broken down by
demographic group if such breakdown is reasonably
available to such State or political subdivision.
``(D) The number of registered voters assigned to
the precinct or polling place, broken down by
demographic group if such breakdown is reasonably
available to such State or political subdivision.
``(E) The number of voting machines assigned,
including the number of voting machines accessible to
persons with disabilities who are eligible to vote,
including persons who have low vision or are blind.
``(F) The number of official paid poll workers
assigned.
``(G) The number of official volunteer poll workers
assigned.
``(H) In the case of a polling place, the dates and
hours of operation.
``(3) Updates in information reported.--If a State or
political subdivision makes any change in any of the
information described in paragraph (2), the State or political
subdivision shall provide reasonable public notice in such
State or political subdivision and on the website of a State or
political subdivision, of the change in the information not
later than 48 hours after the change occurs or, if the change
occurs fewer than 48 hours before the date of the election for
Federal office, as soon as practicable after the change occurs.
The public notice described in this paragraph and published on
the website of a State or political subdivision shall be in a
format that is reasonably convenient and accessible to persons
with disabilities who are eligible to vote, including persons
who have low vision or are blind.
``(c) Transparency of Changes Relating to Demographics and
Electoral Districts.--
``(1) Requiring public notice of changes.--Not later than
10 days after making any change in the constituency that will
participate in an election for Federal, State, or local office
or the boundaries of a voting unit or electoral district in an
election for Federal, State, or local office (including through
redistricting, reapportionment, changing from at-large
elections to district-based elections, or changing from
district-based elections to at-large elections), a State or
political subdivision shall provide reasonable public notice in
such State or political subdivision and on the website of a
State or political subdivision, of the demographic and
electoral data described in paragraph (3) for each of the
geographic areas described in paragraph (2).
``(2) Geographic areas described.--The geographic areas
described in this paragraph are as follows:
``(A) The State as a whole, if the change applies
statewide, or the political subdivision as a whole, if
the change applies across the entire political
subdivision.
``(B) If the change includes a plan to replace or
eliminate voting units or electoral districts, each
voting unit or electoral district that will be replaced
or eliminated.
``(C) If the change includes a plan to establish
new voting units or electoral districts, each such new
voting unit or electoral district.
``(3) Demographic and electoral data.--The demographic and
electoral data described in this paragraph with respect to a
geographic area described in paragraph (2) are each of the
following:
``(A) The voting-age population, broken down by
demographic group.
``(B) If it is reasonably available to the State or
political subdivision involved, an estimate of the
population of the area which consists of citizens of
the United States who are 18 years of age or older,
broken down by demographic group.
``(C) The number of registered voters, broken down
by demographic group if such breakdown is reasonably
available to the State or political subdivision
involved.
``(D)(i) If the change applies to a State, the
actual number of votes, or (if it is not reasonably
practicable for the State to ascertain the actual
number of votes) the estimated number of votes received
by each candidate in each statewide election held
during the 5-year period which ends on the date the
change involved is made; and
``(ii) if the change applies to only one political
subdivision, the actual number of votes, or (if it is
not reasonably practicable for the political
subdivision to ascertain the actual number of votes) in
each subdivision-wide election held during the 5-year
period which ends on the date the change involved is
made.
``(4) Voluntary compliance by smaller jurisdictions.--
Compliance with this subsection shall be voluntary for a
political subdivision of a State unless the subdivision is one
of the following:
``(A) A county or parish.
``(B) A municipality with a population greater than
10,000, as determined by the Bureau of the Census under
the most recent decennial census.
``(C) A school district with a population greater
than 10,000, as determined by the Bureau of the Census
under the most recent decennial census. For purposes of
this subparagraph, the term `school district' means the
geographic area under the jurisdiction of a local
educational agency (as defined in section 9101 of the
Elementary and Secondary Education Act of 1965).
``(d) Rules Regarding Format of Information.--The Attorney General
may issue rules specifying a reasonably convenient and accessible
format that States and political subdivisions shall use to provide
public notice of information under this section.
``(e) No Denial of Right To Vote.--The right to vote of any person
shall not be denied or abridged because the person failed to comply
with any change made by a State or political subdivision to a voting
qualification, prerequisite, standard, practice, or procedure if the
State or political subdivision involved did not meet the applicable
requirements of this section with respect to the change.
``(f) Definitions.--In this section--
``(1) the term `demographic group' means each group which
section 2 protects from the denial or abridgement of the right
to vote on account of race or color, or in contravention of the
guarantees set forth in section 4(f)(2);
``(2) the term `election for Federal office' means any
general, special, primary, or runoff election held solely or in
part for the purpose of electing any candidate for the office
of President, Vice President, Presidential elector, Senator,
Member of the House of Representatives, or Delegate or Resident
Commissioner to the Congress; and
``(3) the term `persons with disabilities', means
individuals with a disability, as defined in section 3 of the
Americans with Disabilities Act of 1990.''.
(2) Conforming amendment.--Section 3(a) of such Act (52
U.S.C. 10302(a)) is amended by striking ``in accordance with
section 6''.
(b) Effective Date.--The amendment made by subsection (a)(1) shall
apply with respect to changes which are made on or after the expiration
of the 60-day period which begins on the date of the enactment of this
Act.
SEC. 8. AUTHORITY TO ASSIGN OBSERVERS.
(a) Clarification of Authority in Political Subdivisions Subject to
Preclearance.--Section 8(a)(2)(B) of the Voting Rights Act of 1965 (52
U.S.C. 10305(a)(2)(B)) is amended to read as follows:
``(B) in the Attorney General's judgment, the
assignment of observers is otherwise necessary to
enforce the guarantees of the 14th or 15th Amendment or
any provision of this Act or any other Federal law
protecting the right of citizens of the United States
to vote; or''.
(b) Assignment of Observers To Enforce Bilingual Election
Requirements.--Section 8(a) of such Act (52 U.S.C. 10305(a)) is
amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by inserting after paragraph (2) the following:
``(3) the Attorney General certifies with respect to a
political subdivision that--
``(A) the Attorney General has received written
meritorious complaints from residents, elected
officials, or civic participation organizations that
efforts to violate section 203 are likely to occur; or
``(B) in the Attorney General's judgment, the
assignment of observers is necessary to enforce the
guarantees of section 203;''; and
(3) by moving the margin for the continuation text
following paragraph (3), as added by paragraph (2) of this
subsection, 2 ems to the left.
(c) Transferral of Authority Over Observers to the Attorney
General.--
(1) Enforcement proceedings.--Section 3(a) of the Voting
Rights Act of 1965 (52 U.S.C. 10302(a)) is amended by striking
``United States Civil Service Commission in accordance with
section 6'' and inserting ``Attorney General in accordance with
section 8''.
(2) Observers; appointment and compensation.--Section 8 of
the Voting Rights Act of 1965 (52 U.S.C. 10305) is amended--
(A) in subsection (a)(2), in the matter following
subparagraph (B), by striking ``Director of the Office
of Personnel Management shall assign as many observers
for such subdivision as the Director'' and inserting
``Attorney General shall assign as many observers for
such subdivision as the Attorney General''; and
(B) in subsection (c), by striking ``Director of
the Office of Personnel Management'' and inserting
``Attorney General''.
(3) Termination of certain appointments of observers.--
Section 13(a)(1) of the Voting Rights Act of 1965 (52 U.S.C.
10309(a)(1)) is amended by striking ``notifies the Director of
the Office of Personnel Management,'' and inserting
``determines,''.
SEC. 9. CLARIFICATION OF AUTHORITY TO SEEK RELIEF.
(a) Poll Tax.--Section 10(b) of the Voting Rights Act of 1965 (52
U.S.C. 10306(b)) is amended by striking ``the Attorney General is
authorized and directed to institute forthwith in the name of the
United States such actions'' and inserting ``an aggrieved person or (in
the name of the United States) the Attorney General may institute such
actions''.
(b) Cause of Action.--Section 12(d) of the Voting Rights Act of
1965 (52 U.S.C. 10308(d)) is amended--
(1) by striking ``Whenever any person has engaged'' and all
that follows through ``in the name of the United States'' and
inserting ``(1) Whenever there are reasonable grounds to
believe that any person has implemented or will implement any
voting qualification or prerequisite to voting or standard,
practice, or procedure that would (A) deny any citizen the
right to vote in violation of the 14th, 15th, 19th, 24th, or
26th Amendments, or (B) would violate this Act (except for
section 4A) or any other Federal law that prohibits
discrimination on the basis of race, color, or membership in a
language minority group in the voting process, an aggrieved
person or (in the name of the United States) the Attorney
General may institute''; and
(2) by striking ``, and including an order directed to the
State and State or local election officials to require them (1)
to permit persons listed under chapters 103 to 107 of this
title to vote and (2) to count such votes''.
(c) Judicial Relief.--Section 204 of the Voting Rights Act of 1965
(52 U.S.C. 10504) is amended by striking ``Whenever the Attorney
General has reason to believe'' and all that follows through ``as he
deems appropriate'' and inserting ``Whenever there are reasonable
grounds to believe that a State or political subdivision has engaged or
is about to engage in any act or practice prohibited by a provision of
title II, an aggrieved person or (in the name of the United States) the
Attorney General may institute an action in a district court of the
United States, for a restraining order, a preliminary or permanent
injunction, or such other order as may be appropriate''.
(d) Enforcement of Twenty-Sixth Amendment.--Section 301(a)(1) of
the Voting Rights Act of 1965 (52 U.S.C. 10701) is amended by striking
``The Attorney General is directed to institute'' and all that follows
through ``Constitution of the United States'' and inserting ``An
aggrieved person or (in the name of the United States) the Attorney
General may institute an action in a district court of the United
States, for a restraining order, a preliminary or permanent injunction,
or such other order as may be appropriate to implement the twenty-sixth
amendment to the Constitution of the United States''.
SEC. 10. PREVENTIVE RELIEF.
Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C.
10308(d)), as amended by section 9, is further amended by adding at the
end the following:
``(2)(A) In considering any motion for preliminary relief in any
action for preventive relief described in this subsection, the court
shall grant the relief if the court determines that the complainant has
raised a question as to whether the challenged voting qualification or
prerequisite to voting or standard, practice, or procedure violates
this Act or the Constitution and, on balance, the hardship imposed on
the defendant by the grant of the relief will be less than the hardship
which would be imposed on the plaintiff if the relief were not granted.
``(B) In making its determination under this paragraph with respect
to a change in any voting qualification, prerequisite to voting, or
standard, practice, or procedure with respect to voting, the court
shall consider all relevant factors and give due weight to the
following factors, if they are present:
``(i) Whether the qualification, prerequisite, standard,
practice, or procedure in effect prior to the change was
adopted as a remedy for a Federal court judgment, consent
decree, or admission regarding--
``(I) discrimination on the basis of race or color
in violation of the 14th or 15th Amendment;
``(II) a violation of the 19th, 24th, or 26th
Amendments;
``(III) a violation of this Act; or
``(IV) voting discrimination on the basis of race,
color, or membership in a language minority group in
violation of any other Federal or State law.
``(ii) Whether the qualification, prerequisite, standard,
practice, or procedure in effect prior to the change served as
a ground for the dismissal or settlement of a claim alleging--
``(I) discrimination on the basis of race or color
in violation of the 14th or 15th Amendment;
``(II) a violation of the 19th, 24th, or 26th
Amendment;
``(III) a violation of this Act; or
``(IV) voting discrimination on the basis of race,
color, or membership in a language minority group in
violation of any other Federal or State law.
``(iii) Whether the change was adopted fewer than 180 days
before the date of the election with respect to which the
change is to take or takes effect.
``(iv) Whether the defendant has failed to provide timely
or complete notice of the adoption of the change as required by
applicable Federal or State law.
``(3) A jurisdiction's inability to enforce its voting or election
laws, regulations, policies, or redistricting plans, standing alone,
shall not be deemed to constitute irreparable harm to the public
interest or to the interests of a defendant in an action arising under
the Constitution or any Federal law that prohibits discrimination on
the basis of race, color, or membership in a language minority group in
the voting process, for the purposes of determining whether a stay of a
court's order or an interlocutory appeal under section 1253 of title
28, United States Code, is warranted.''.
SEC. 11. RELIEF FOR VIOLATIONS OF VOTING RIGHTS LAWS.
(a) In General.--
(1) Relief for violations of voting rights laws.--In this
section, the term ``prohibited act or practice'' means--
(A) any act or practice--
(i) that creates an undue burden on the
fundamental right to vote in violation of the
14th Amendment to the Constitution of the
United States or violates the Equal Protection
Clause of the 14th Amendment to the
Constitution of the United States; or
(ii) that is prohibited by the 15th, 19th,
24th, or 26th Amendment to the Constitution of
the United States, section 2004 of the Revised
Statutes (52 U.S.C. 10101), the Voting Rights
Act of 1965 (52 U.S.C. 10301 et seq.), the
National Voter Registration Act of 1993 (52
U.S.C. 20501 et seq.), the Uniformed and
Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.), the Help America Vote
Act of 2002 (52 U.S.C. 20901 et seq.), the
Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20101 et seq.), or
section 2003 of the Revised Statutes (52 U.S.C.
10102); and
(B) any act or practice in violation of any Federal
law that prohibits discrimination with respect to
voting, including the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(2) Rule of construction.--Nothing in this section shall be
construed to diminish the authority or scope of authority of
any person to bring an action under any Federal law.
(3) Attorney's fees.--Section 722(b) of the Revised
Statutes (42 U.S.C. 1988(b)) is amended by inserting ``a
provision described in section 2(a) of the John R. Lewis Voting
Rights Advancement Act of 2021,'' after ``title VI of the Civil
Rights Act of 1964,''.
(b) Grounds for Equitable Relief.--In any action for equitable
relief pursuant to a law listed under subsection (a), proximity of the
action to an election shall not be a valid reason to deny such relief,
or stay the operation of or vacate the issuance of such relief, unless
the party opposing the issuance or continued operation of relief meets
the burden of proving by clear and convincing evidence that the
issuance of the relief would be so close in time to the election as to
cause irreparable harm to the public interest or that compliance with
such relief would impose serious burdens on the party opposing relief.
(1) In general.--In considering whether to grant, deny,
stay, or vacate any order of equitable relief, the court shall
give substantial weight to the public's interest in expanding
access to the right to vote. A State's generalized interest in
enforcing its enacted laws shall not be a relevant
consideration in determining whether equitable relief is
warranted.
(2) Presumptive safe harbor.--Where equitable relief is
sought either within 30 days of the adoption or reasonable
public notice of the challenged policy or practice, or more
than 45 days before the date of an election to which the relief
being sought will apply, proximity to the election will be
presumed not to constitute a harm to the public interest or a
burden on the party opposing relief.
(c) Grounds for Stay or Vacatur in Federal Claims Involving Voting
Rights.--
(1) Prospective effect.--In reviewing an application for a
stay or vacatur of equitable relief granted pursuant to a law
listed in subsection (a), a court shall give substantial weight
to the reliance interests of citizens who acted pursuant to
such order under review. In fashioning a stay or vacatur, a
reviewing court shall not order relief that has the effect of
denying or abridging the right to vote of any citizen who has
acted in reliance on the order.
(2) Written explanation.--No stay or vacatur under this
subsection shall issue unless the reviewing court makes
specific findings that the public interest, including the
public's interest in expanding access to the ballot, will be
harmed by the continuing operation of the equitable relief or
that compliance with such relief will impose serious burdens on
the party seeking such a stay or vacatur such that those
burdens substantially outweigh the benefits to the public
interest. In reviewing an application for a stay or vacatur of
equitable relief, findings of fact made in issuing the order
under review shall not be set aside unless clearly erroneous.
SEC. 12. ENFORCEMENT OF VOTING RIGHTS BY ATTORNEY GENERAL.
Section 12 of the Voting Rights Act (52 U.S.C. 10308), as amended
by this Act, is further amended by adding at the end the following:
``(g) Voting Rights Enforcement by Attorney General.--
``(1) In general.--In order to fulfill the Attorney
General's responsibility to enforce the Voting Rights Act and
other Federal civil rights statutes that protect the right to
vote, the Attorney General (or upon designation by the Attorney
General, the Assistant Attorney General for Civil Rights) is
authorized, before commencing a civil action, to issue a demand
for inspection and information in writing to any State or
political subdivision, or other governmental representative or
agent, with respect to any relevant documentary material that
he has reason to believe is within their possession, custody,
or control. A demand by the Attorney General under this section
may require--
``(A) the production of such documentary material
for inspection and copying;
``(B) answers in writing to written questions with
respect to such documentary material; or
``(C) both.
``(2) Contents of an attorney general demand.--
``(A) In general.--Any demand issued under
paragraph (1), shall include a sworn certificate to
identify the voting qualification or prerequisite to
voting or standard, practice, or procedure with respect
to voting, or other voting related matter or issue,
whose lawfulness the Attorney General is investigating
and to identify the civil provisions of the Federal
civil rights statute that protects the right to vote
under which the investigation is being conducted. The
demand shall be reasonably calculated to lead to the
discovery of documentary material and information
relevant to such civil rights investigation.
Documentary material includes any material upon which
relevant information is recorded, and includes written
or printed materials, photographs, tapes, or materials
upon which information is electronically or
magnetically recorded. Such demands are aimed at the
Attorney General having the ability to inspect and
obtain copies of relevant materials (as well as obtain
information) related to voting and are not aimed at the
Attorney General taking possession of original records,
particularly those that are required to be retained by
State and local election officials under Federal or
State law.
``(B) No requirement for production.--Any demand
issued under paragraph (1) may not require the
production of any documentary material or the
submission of any answers in writing to written
questions if such material or answers would be
protected from disclosure under the standards
applicable to discovery requests under the Federal
Rules of Civil Procedure in an action in which the
Attorney General or the United States is a party.
``(C) Documentary material.--If the demand issued
under paragraph (1) requires the production of
documentary material, it shall--
``(i) identify the class of documentary
material to be produced with such definiteness
and certainty as to permit such material to be
fairly identified; and
``(ii) prescribe a return date for
production of the documentary material at least
twenty days after issuance of the demand to
give the State or political subdivision, or
other governmental representative or agent, a
reasonable period of time for assembling the
documentary material and making it available
for inspection and copying.
``(D) Answers to written questions.--If the demand
issued under paragraph (1) requires answers in writing
to written questions, it shall--
``(i) set forth with specificity the
written question to be answered; and
``(ii) prescribe a date at least twenty
days after the issuance of the demand for
submitting answers in writing to the written
questions.
``(E) Service.--A demand issued under paragraph (1)
may be served by a United States marshal or a deputy
marshal, or by certified mail, at any place within the
territorial jurisdiction of any court of the United
States.
``(3) Responses to an attorney general demand.--A State or
political subdivision, or other governmental representative or
agent, must, with respect to any documentary material or any
answer in writing produced under this subsection, provide a
sworn certificate, in such form as the demand issued under
paragraph (1) designates, by a person having knowledge of the
facts and circumstances relating to such production or written
answer, authorized to act on behalf of the State or political
subdivision, or other governmental representative or agent,
upon which the demand was served. The certificate--
``(A) shall state that--
``(i) all of the documentary material
required by the demand and in the possession,
custody, or control of the State or political
subdivision, or other governmental
representative or agent, has been produced;
``(ii) that with respect to every answer in
writing to a written question, all information
required by the question and in the possession,
custody, control, or knowledge of the State or
political subdivision, or other governmental
representative or agent, has been submitted; or
``(iii) both; or
``(B) provide the basis for any objection to
producing the documentary material or answering the
written question.
To the extent that any information is not furnished, the
information shall be identified and reasons set forth with
particularity regarding the reasons why the information was not
furnished.
``(4) Judicial proceedings.--
``(A) Petition for enforcement.--Whenever any State
or political subdivision, or other governmental
representative or agent, fails to comply with demand
issued by the Attorney General under paragraph (1), the
Attorney General may file, in a district court of the
United States in which the State or political
subdivision, or other governmental representative or
agent, is located, a petition for a judicial order
enforcing the Attorney General demand issued under
paragraph (1).
``(B) Petition to modify.--
``(i) In general.--Any State or political
subdivision, or other governmental
representative or agent, that is served with a
demand issued by the Attorney General under
paragraph (1) may file in the United States
District Court for the District of Columbia a
petition for an order of the court to modify or
set aside the demand of the Attorney General.
``(ii) Petition to modify.--Any petition to
modify or set aside a demand of the Attorney
General issued under paragraph (1) must be
filed within 20 days after the date of service
of the Attorney General's demand or at any time
before the return date specified in the
Attorney General's demand, whichever date is
earlier.
``(iii) Contents of petition.--The petition
shall specify each ground upon which the
petitioner relies in seeking relief under
clause (i), and may be based upon any failure
of the Attorney General's demand to comply with
the provisions of this section or upon any
constitutional or other legal right or
privilege of the State or political
subdivision, or other governmental
representative or agent. During the pendency of
the petition in the court, the court may stay,
as it deems proper, the running of the time
allowed for compliance with the Attorney
General's demand, in whole or in part, except
that the State or political subdivision, or
other governmental representative or agent,
filing the petition shall comply with any
portions of the Attorney General's demand not
sought to be modified or set aside.''.
SEC. 13. DEFINITIONS.
Title I of the Voting Rights Act of 1965 (52 U.S.C. 10301) is
amended by adding at the end the following:
``SEC. 21. DEFINITIONS.
``In this Act:
``(1) Indian.--The term `Indian' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act.
``(2) Indian lands.--The term `Indian lands' means--
``(A) any Indian country of an Indian tribe, as
such term is defined in section 1151 of title 18,
United States Code;
``(B) any land in Alaska that is owned, pursuant to
the Alaska Native Claims Settlement Act, by an Indian
tribe that is a Native village (as such term is defined
in section 3 of such Act), or by a Village Corporation
that is associated with the Indian tribe (as such term
is defined in section 3 of such Act);
``(C) any land on which the seat of government of
the Indian tribe is located; and
``(D) any land that is part or all of a tribal
designated statistical area associated with the Indian
tribe, or is part or all of an Alaska Native village
statistical area associated with the tribe, as defined
by the Bureau of the Census for the purposes of the
most recent decennial census.
``(3) Indian tribe.--The term `Indian tribe' or `tribe' has
the meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act.
``(4) Tribal government.--The term `Tribal Government'
means the recognized governing body of an Indian Tribe.
``(5) Voting-age population.--The term `voting-age
population' means the numerical size of the population within a
State, within a political subdivision, or within a political
subdivision that contains Indian lands, as the case may be,
that consists of persons age 18 or older, as calculated by the
Bureau of the Census under the most recent decennial census.''.
SEC. 14. ATTORNEYS' FEES.
Section 14(c) of the Voting Rights Act of 1965 (52 U.S.C. 10310(c))
is amended by adding at the end the following:
``(4) The term `prevailing party' means a party to an action that
receives at least some of the benefit sought by such action, states a
colorable claim, and can establish that the action was a significant
cause of a change to the status quo.''.
SEC. 15. OTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) Actions Covered Under Section 3.--Section 3(c) of the Voting
Rights Act of 1965 (52 U.S.C. 10302(c)) is amended--
(1) by striking ``any proceeding instituted by the Attorney
General or an aggrieved person under any statute to enforce''
and inserting ``any action under any statute in which a party
(including the Attorney General) seeks to enforce''; and
(2) by striking ``at the time the proceeding was
commenced'' and inserting ``at the time the action was
commenced''.
(b) Clarification of Treatment of Members of Language Minority
Groups.--Section 4(f) of such Act (52 U.S.C. 10303(f)) is amended--
(1) in paragraph (1), by striking the second sentence; and
(2) by striking paragraphs (3) and (4).
(c) Period During Which Changes in Voting Practices Are Subject to
Preclearance Under Section 5.--Section 5 of such Act (52 U.S.C. 10304)
is amended--
(1) in subsection (a), by striking ``based upon
determinations made under the first sentence of section 4(b)
are in effect'' and inserting ``are in effect during a calendar
year'';
(2) in subsection (a), by striking ``November 1, 1964'' and
all that follows through ``November 1, 1972'' and inserting
``the applicable date of coverage''; and
(3) by adding at the end the following new subsection:
``(e) The term `applicable date of coverage' means, with respect to
a State or political subdivision--
``(1) June 25, 2013, if the most recent determination for
such State or subdivision under section 4(b) was made on or
before December 31, 2021; or
``(2) the date on which the most recent determination for
such State or subdivision under section 4(b) was made, if such
determination was made after December 31, 2021.''.
SEC. 16. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of such a provision or amendment to any person or
circumstance, is held to be unconstitutional or is otherwise enjoined
or unenforceable, the remainder of this Act and amendments made by this
Act, and the application of the provisions and amendment to any person
or circumstance, and any remaining provision of the Voting Rights Act
of 1965, shall not be affected by the holding.
SEC. 17. GRANTS TO ASSIST WITH NOTICE REQUIREMENTS UNDER THE VOTING
RIGHTS ACT OF 1965.
(a) In General.--The Attorney General shall make grants each fiscal
year to small jurisdictions who submit applications under subsection
(b) for purposes of assisting such small jurisdictions with compliance
with the requirements of the Voting Rights Act of 1965 to submit or
publish notice of any change to a qualification, prerequisite,
standard, practice or procedure affecting voting.
(b) Application.--To be eligible for a grant under this section, a
small jurisdiction shall submit an application to the Attorney General
in such form and containing such information as the Attorney General
may require regarding the compliance of such small jurisdiction with
the provisions of the Voting Rights Act of 1965.
(c) Small Jurisdiction Defined.--For purposes of this section, the
term ``small jurisdiction'' means any political subdivision of a State
with a population of 10,000 or less.
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