[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4959 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4959
To protect the right to vote in elections for Federal office, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 6, 2021
Mr. Jones introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect the right to vote in elections for Federal office, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Right to Vote Act''.
SEC. 2. UNDUE BURDENS ON THE ABILITY TO VOTE IN ELECTIONS FOR FEDERAL
OFFICE PROHIBITED.
(a) In General.--Every citizen of legal voting age shall have the
right to vote in elections for Federal office free from any burden on
the time, place, or manner of voting, as set forth in subsections (b)
and (c).
(b) Retrogression.--A government may not diminish the ability to
vote in an election for Federal office unless the law, rule, standard,
practice, procedure, or other governmental action causing the
diminishment is the least restrictive means of significantly furthering
an important, particularized government interest.
(c) Substantial Impairment.--A government may not substantially
impair the ability to vote in an election for Federal office unless the
law, rule, standard, practice, procedure, or other governmental action
causing the impairment significantly furthers an important,
particularized governmental interest. A substantial impairment is a
non-trivial impairment that makes it more difficult to vote than if the
law, standard, practice, procedure, or other governmental action had
not been adopted or implemented. An impairment may be substantial even
if the voter or other similarly situated voters are able to vote
notwithstanding the impairment.
SEC. 3. JUDICIAL REVIEW.
(a) Civil Action.--An action challenging a violation of this Act
may be brought by any aggrieved person or the Attorney General in the
district court for the District of Columbia, or the district court for
the district in which the violation took place or where any defendant
resides or does business, at the selection of the plaintiff, to obtain
all appropriate relief, whether declaratory or injunctive, or facial or
as-applied. Process may be served in any district where a defendant
resides, does business, or may be found.
(b) Standards To Be Applied.--In a civil action under this section,
the following shall apply:
(1) Retrogression.--
(A) A plaintiff establishes a prima facie case of
retrogression by demonstrating by a preponderance of
the evidence that a rule, standard, practice,
procedure, or other governmental action diminishes the
ability, or otherwise makes it more difficult, to vote.
(B) Once a plaintiff establishes a prima facie case
as described in subparagraph (A), the government shall
be provided an opportunity to demonstrate by clear and
convincing evidence that the diminishment is necessary
to significantly further an important, particularized
governmental interest.
(C) If the government meets its burden under
subparagraph (B), the challenged rule, standard,
practice, procedure, or other governmental action shall
nonetheless be deemed invalid if the plaintiff
demonstrates by a preponderance of the evidence that
the government could adopt or implement a less-
restrictive means of furthering the particular
important governmental interest.
(2) Substantial impairment.--
(A) A plaintiff establishes a prima facie case of
substantial impairment by demonstrating by a
preponderance of the evidence that a rule, standard,
practice, procedure, or other governmental action
substantially impairs the ability, or makes it
substantially difficult, to vote.
(B) Once a plaintiff establishes a prima facie case
as described in subparagraph (A), the government shall
be provided an opportunity to demonstrate by clear and
convincing evidence that the impairment significantly
furthers an important, particularized governmental
interest.
(c) Duty To Expedite.--It shall be the duty of the court to advance
on the docket and to expedite to the greatest reasonable extent the
disposition of the action and appeal under this section.
(d) Attorney's Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended--
(1) by striking ``or section 40302'' and inserting
``section 40302''; and
(2) by striking ``, the court'' and inserting ``, or the
Right to Vote Act, the court''.
SEC. 4. DEFINITIONS.
In this Act--
(1) the term ``covered entity'' means the District of
Columbia, the Commonwealth of Puerto Rico, and each territory
and possession of the United States;
(2) the terms ``election'' and ``Federal office'' have the
meanings given such terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101);
(3) the term ``government'' includes a branch, department,
agency, instrumentality, and official (or other person acting
under color of law) of the United States, of any State, of any
covered entity, or of any political subdivision of any state or
covered entity; and
(4) the term ``vote'' means all actions necessary to make a
vote effective, including registration or other action required
by law as a prerequisite to voting, casting a ballot, and
having such ballot counted and included in the appropriate
totals of votes cast with respect to candidates for public
office for which votes are received in an election.
SEC. 5. RULES OF CONSTRUCTION.
(a) Burdens Not Authorized.--Nothing in this Act may be construed
to authorize a government to burden the ability to vote in elections
for Federal office.
(b) Other Rights and Remedies.--Nothing in this Act shall be
construed to alter any rights existing under a State constitution or
the Constitution of the United States, or to limit any remedies for any
other violations of Federal, State, or local law.
(c) Other Provision.--Nothing in this Act shall be construed as
conflicting with section 1403 (``Rights of Citizens'') of H.R. 1 of the
117th Congress as passed by the House of Representatives on March 3,
2021.
SEC. 6. SEVERABILITY.
If any provision of this Act or the application of such provision
to any citizen or circumstance is held to be unconstitutional, the
remainder of this Act and the application of the provisions of such to
any citizen or circumstance shall not be affected thereby.
SEC. 7. EFFECTIVE DATE.
(a) Retrogression.--Subsection (b) of section 2 shall apply to any
law, rule, standard, practice, procedure, or other governmental action
that was not in effect during the November 2020 Federal election but
that will be in effect with respect to elections for Federal office
occurring on or after January 1, 2022, even if such law, rule,
standard, practice, procedure, or other governmental action is already
in effect at the time this Act is enacted.
(b) Substantial Impairment.--Subsection (c) of section 2 shall
apply to any law, rule, standard, practice, procedure, or other
governmental action in effect with respect to elections for Federal
office occurring on or after January 1, 2022.
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