[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5008 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5008
To protect the voting rights of Native American and Alaska Native
voters.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 13, 2021
Ms. Davids of Kansas (for herself and Mr. Cole) introduced the
following bill; which was referred to the Committee on House
Administration, and in addition to the Committee on the Judiciary, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To protect the voting rights of Native American and Alaska Native
voters.
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 ``Frank Harrison, Elizabeth
Peratrovich, and Miguel Trujillo Native American Voting Rights Act of
2021''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Constitution explicitly and implicitly grants
Congress broad general powers to legislate on issues relating
to Indian Tribes, powers consistently described as plenary and
exclusive. These powers arise from the grant of authority in
the Indian Commerce Clause and through legislative matters
arising under the Treaty Clause.
(2) The Federal Government is responsible for upholding the
obligations to which the Federal Government has agreed through
treaties, legislation, and executive orders, referred to as the
Federal trust responsibility toward Indian Tribes and their
members.
(3) The Supreme Court has repeatedly relied on the nature
of this ``government to government'' relationship between the
United States and sovereign Indian Tribes for congressional
authority to enact ``legislation that singles out Indians for
particular and special treatment''. Morton v. Mancari, 417 U.S.
535, 554-555 (1974).
(4) Legislation removing barriers to Native American voting
is vital for the fulfillment of Congress' ``unique obligation''
toward Indians, particularly ensuring that Native American
voters are fully included as ``qualified members of the modern
body politic''. Board of County Comm'rs v. Seber, 318 U.S. 705,
715 (1943).
(5) Under the Elections Clause of article I, section 4 of
the Constitution, Congress has additional power to regulate any
election conducted to select Members of Congress. Taken
together, the Indian Commerce Clause and the Election Clause
give Congress broad authority to enact legislation to safeguard
the voting rights of Native American voters.
(6) Despite Congress' decision to grant Native Americans
Federal citizenship, and with it the protections of the
Fifteenth Amendment, with passage of the Act of June 2, 1924
(Chapter 233; 43 Stat. 253) (commonly known as the ``Indian
Citizenship Act of 1924''), States continued to deploy distinct
methods for disenfranchising Indians by enacting statutes to
exclude from voter rolls Indians living on Indian lands,
requiring that Indians first terminate their relationship with
their Indian Tribe, restricting the right to vote on account of
a Tribal member's ``guardianship'' status, and imposing
literacy tests.
(7) Barriers to voter access for Native Americans persist
today, and such barriers range from obstructing voter access to
vote dilution and intentional malapportionment of electoral
districts.
(8) The Native American Voting Rights Coalition's nine
field hearings in Indian Country and four-State survey of voter
discrimination revealed a number of additional obstacles that
Native Americans must overcome in some States, including--
(A) a lack of accessible registration and polling
sites, either due to conditions such as geography, lack
of paved roads, the absence of reliable and affordable
broadband connectivity, and restrictions on the time,
place, and manner that eligible people can register and
vote, including unequal opportunities for absentee,
early, mail-in, and in-person voting;
(B) nontraditional or nonexistent addresses for
residents on Indian reservations, lack of residential
mail delivery and pick up, reliance on distant post
offices with abbreviated operating hours for mail
services, insufficient housing units, overcrowded
homes, and high incidence of housing insecurity and
homelessness, lack of access to vehicles, and
disproportionate poverty which make voter registration,
acquisition and dropping off of mail-in ballots,
receipt of voting information and materials, and
securing required identification difficult, if not
impossible;
(C) inadequate language assistance for Tribal
members, including lack of outreach and publicity, the
failure to provide complete, accurate, and uniform
translations of all voting materials in the relevant
Native language, and an insufficient number of trained
bilingual poll workers; and
(D) voter identification laws that discriminate
against Native Americans.
(9) The Department of Justice and courts also recognized
that some jurisdictions have been unresponsive to reasonable
requests from federally recognized Indian Tribes for more
accessible voter registration sites and in-person voting
locations.
(10) According to the National Congress of American
Indians, there is a wide gap between the voter registration and
turnout rates of eligible American Indians and Alaska Natives
and the voter registration and turnout rates of non-Hispanic
White and other racial and ethnic groups.
(11) Despite these obstacles, the Native-American vote
continues to play a significant role in Federal, State, and
local elections.
(12) In Alaska, New Mexico, Oklahoma, and South Dakota,
Native Americans, American Indians, and Alaska Natives comprise
approximately 10 percent or more of the voting population.
(13) The Native-American vote also holds great potential,
with over 1,000,000 voters who are eligible to vote, but are
not registered to vote.
(b) Purposes.--The purposes of this Act are--
(1) to fulfill the Federal Government's trust
responsibility to protect and promote Native-Americans'
exercise of their constitutionally guaranteed right to vote,
including the right to register to vote and the ability to
access all mechanisms for voting;
(2) to establish Tribal administrative review procedures
for a specific subset of State actions that have been used to
restrict access to the polls on Indian lands;
(3) to expand voter registration under the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.) to cover
Federal facilities;
(4) to afford equal treatment to forms of identification
unique to Indian Tribes and their members;
(5) to ensure American Indians and Alaska Natives
experiencing homelessness, housing insecurity, or lacking
residential mail pickup and delivery can pool resources to pick
up and return ballots;
(6) to clarify the obligations of States and political
subdivisions regarding the provision of translated voting
materials for American Indians and Alaska Natives under section
203 of the Voting Rights Act of 1965 (52 U.S.C. 10503);
(7) to provide Tribal leaders with a direct pathway to
request Federal election observers and to allow public access
to the reports of those election observers;
(8) to study the prevalence of nontraditional or
nonexistent mailing addresses in Native communities and
identify solutions to voter access that arise from the lack of
an address; and
(9) to direct the Department of Justice to consult on an
annual basis with Indian Tribes on issues related to voting.
SEC. 3. DEFINITIONS.
In this Act:
(1) Attorney general.--The term ``Attorney General'' means
the United States Attorney General.
(2) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) Indian lands.--The term ``Indian lands'' includes--
(A) Indian country as defined under section 1151 of
title 18, United States Code;
(B) any land in Alaska owned, pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), by an Indian Tribe that is a Native village (as
defined in section 3 of that Act (43 U.S.C. 1602)) or
by a Village Corporation that is associated with an
Indian Tribe (as defined in section 3 of that Act (43
U.S.C. 1602));
(C) any land on which the seat of the Tribal
government is located; and
(D) any land that is part or all of a Tribal
designated statistical area associated with an Indian
Tribe, or is part or all of an Alaska Native village
statistical area associated with an Indian Tribe, as
defined by the Census Bureau for the purposes of the
most recent decennial census.
(4) Indian tribe.--The term ``Indian Tribe'' means the
recognized governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this Act pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(5) Polling place.--The term ``polling place'' means any
location where a ballot is cast in elections for Federal
office, and includes a voter center, poll, polling location, or
polling place, depending on the State nomenclature.
SEC. 4. ESTABLISHMENT OF A NATIVE AMERICAN VOTING TASK FORCE GRANT
PROGRAM.
(a) In General.--The United States Election Assistance Commission
(referred to in this section as the ``Commission'') shall establish and
administer, in coordination with the Department of the Interior, a
Native American voting task force grant program, through which the
Commission shall provide financial assistance to eligible applicants to
enable those eligible applicants to establish and operate a Native
American Voting Task Force in each State with a federally recognized
Indian Tribe.
(b) Purposes.--The purposes of the Native American voting task
force grant program are to--
(1) increase voter outreach, education, registration, and
turnout in Native American communities;
(2) increase access to the ballot for Native American
communities, including additional satellite, early voting, and
absentee voting locations;
(3) streamline and reduce inconsistencies in the voting
process for Native Americans;
(4) provide, in the community's dominant language,
educational materials and classes on Indian lands about
candidacy filing;
(5) train and educate State and local employees, including
poll workers, about--
(A) the language assistance and voter assistance
requirements under sections 203 and 208 of the Voting
Rights Act of 1965 (52 U.S.C. 10503; 10508);
(B) voter identification laws as affected by
section 8 of this Act; and
(C) the requirements of Tribes, States, and
precincts established under this Act;
(6) identify model programs and best practices for
providing language assistance to Native American communities;
(7) provide nonpartisan poll watchers on election day in
Native American communities;
(8) participate in and evaluate future redistricting
efforts;
(9) address issues of internet connectivity as it relates
to voter registration and ballot access in Native American
communities;
(10) work with Indian Tribes, States, and the Federal
Government to establish mailing addresses that comply with
applicable State and Federal requirements for receipt of voting
information and materials; and
(11) facilitate collaboration between local election
officials, Native American communities, and Tribal elections
offices.
(c) Eligible Applicant.--The term ``eligible applicant'' means--
(1) an Indian Tribe;
(2) a Secretary of State of a State, or another official of
a State entity responsible for overseeing elections; or
(3) a consortium of the entities described in paragraphs
(1) and (2).
(d) Application and Selection Process.--
(1) In general.--The Commission, in coordination with the
Department of the Interior and following consultation with
Indian Tribes about the implementation of the Native American
voting task force grant program, shall establish guidelines for
the process by which eligible applicants will submit
applications.
(2) Applications.--Each eligible applicant desiring a grant
under this section shall submit an application, according to
the process established under paragraph (1), and at such time,
in such manner, and containing such information as the
Commission may require. Such application shall include--
(A) a certification that the applicant is an
eligible applicant;
(B) a proposed work plan addressing how the
eligible applicant will establish and administer a
Native American Voting Task Force that achieves the
purposes described in subsection (b);
(C) if the eligible applicant is a consortium as
described in subsection (c)(3), a description of the
proposed division of responsibilities between the
participating entities;
(D) an explanation of the time period that the
proposed Native American Voting Task Force will cover,
which shall be a time period that is not more than 3
years; and
(E) the goals that the eligible applicant desires
to achieve with the grant funds.
(e) Uses of Funds.--A grantee receiving funds under this section
shall use such funds to carry out one or more of the activities
described in subsection (b), through the grantee's Native American
Voting Task Force.
(f) Reports.--
(1) Report to the commission.--
(A) In general.--Not later than 1 year after the
date on which an eligible applicant receives grant
funds under this section, and annually thereafter for
the duration of the grant, each eligible applicant
shall prepare and submit a written report to the
Commission describing the eligible applicant's progress
in achieving the goals outlined in the application
under subsection (d)(2).
(B) Response.--Not later than 30 days after the
date on which the Commission receives the report
described in paragraph (1), the Commission will provide
feedback, comments, and input to the eligible applicant
in response to such report.
(2) Report to congress.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter, the
Commission shall prepare and submit a report to the Committee
on Indian Affairs of the Senate and Committee on Natural
Resources of the House of Representatives containing the
results of the reports described under paragraph (1).
(g) Relationship With Other Laws.--Nothing in this section reduces
State or local obligations provided for by 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 Help America Vote Act of 2002 (52
U.S.C. 20901 et seq.), or any other Federal law or regulation related
to voting or the electoral process.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2022 through 2037.
SEC. 5. VOTER REGISTRATION SITES AT INDIAN SERVICE PROVIDERS AND ON
INDIAN LANDS.
Section 7(a) of the National Voter Registration Act of 1993 (52
U.S.C. 20506(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(C) any Federal facility or federally funded
facility that is primarily engaged in providing
services to an Indian Tribe; and
``(D) not less than one Federal facility or
federally funded facility that is located within the
Indian lands of an Indian Tribe, as applicable, (which
may be the Federal facility or federally funded
facility described in subparagraph (C)).''; and
(2) by adding at the end the following:
``(8) Where practicable, each Federal agency that operates
a Federal facility or a federally funded facility that is a
designated voter registration agency in accordance with
subparagraph (C) or (D) of paragraph (2) shall designate one or
more special days per year at a centralized location within the
boundaries of the Indian lands of each applicable Indian Tribe
for the purpose of informing members of the Indian Tribe of the
timing, registration requirements, and voting procedures in
elections for Federal office, at no cost to the Indian
Tribe.''.
SEC. 6. ACCESSIBLE TRIBAL DESIGNATED POLLING SITES.
(a) In General.--
(1) Designation of state officer.--Each of the several
States whose territory contains all or part of an Indian
Tribe's Indian lands shall designate an officer within that
State who will be responsible for compliance with the
provisions of this section and who shall periodically consult
with the Indian Tribes located wholly or partially within that
State regarding compliance with the provisions of this section
and coordination between the State and Tribal government. The
State shall provide written notice to each such Indian Tribe of
the officer so designated.
(2) Provision of polling places.--For each Indian Tribe
that satisfies the obligations of subsection (c), and for each
election for a Federal official or State official that is held
180 days or later after the date on which the Indian Tribe
initially satisfies such obligations, any State or political
subdivision whose territory contains all or part of an Indian
Tribe's Indian lands--
(A) shall provide a minimum of one polling place in
each precinct in which there are eligible voters who
reside on Indian lands, in a location selected by the
Indian Tribe and at no cost to the Indian Tribe,
regardless of the population or number of registered
voters residing on Indian lands;
(B) shall not reduce the number of polling
locations on Indian lands based on population numbers;
(C) shall provide, at no cost to the Indian Tribe,
additional polling places in locations on Indian lands
selected by an Indian Tribe and requested under
subsection (c) if, based on the totality of
circumstances described in subsection (b), it is shown
that not providing those additional polling places
would result in members of the Indian Tribe and living
on Indian lands or other individuals residing on the
Indian Tribe's Indian lands having less opportunity to
vote than eligible voters in that State or political
subdivision who are not members of an Indian Tribe or
do not reside on Indian lands;
(D) shall, at each polling place located on Indian
lands and at no cost to the Indian Tribe, make voting
machines, tabulation machines, official receptacles
designated for the return of completed absentee
ballots, ballots, provisional ballots, and other voting
materials available to the same or greater extent that
such equipment and materials are made available at
other polling places in the State or political
subdivision that are not located on Indian lands;
(E) shall, at each polling place located on Indian
lands, conduct the election using the same voting
procedures that are used at other polling places in the
State or political subdivision that are not located on
Indian lands, or other voting procedures that provide
greater access for voters;
(F) shall, at each polling place located on Indian
lands and at no cost to the Indian Tribe, make voter
registration available during the period the polling
place is open to the maximum extent allowable under
State law;
(G) shall, at each polling place located on Indian
lands, provide training, compensation, and other
benefits to election officials and poll workers at no
cost to the Indian Tribe and, at a minimum, to the same
or greater extent that such training, compensation, and
benefits are provided to election officials and poll
workers at other polling places in the State or
political subdivision that are not located on Indian
lands;
(H) shall, in all cases, provide the Indian Tribe
an opportunity to designate election officials and poll
workers to staff polling places within the Indian lands
of the applicable Indian Tribe on every day that the
polling places will be open;
(I) shall allow for any eligible voting member of
the Indian Tribe or any eligible voting individual
residing on Indian lands to vote early or in person at
any polling place on Indian lands, regardless of that
member or individual's residence or residential
address, and shall not reject the ballot of any such
member or individual on the grounds that the ballot was
cast at the wrong polling place; and
(J) may fulfill the State's obligations under
subparagraphs (A) and (C) by relocating existing
polling places, by creating new polling places, or
both.
(b) Equitable Opportunities To Vote.--
(1) In general.--When assessing the opportunities to vote
provided to members of an Indian Tribe and to other eligible
voters in the State residing on Indian lands in order to
determine the number of additional polling places (if any) that
a State or political subdivision must provide in accordance
with subsection (a)(2)(C), the State, political subdivision, or
any court applying this section, shall consider the totality of
circumstances of--
(A) the number of voting-age citizens assigned to
each polling place;
(B) the distances that voters must travel to reach
the polling places;
(C) the time that voters must spend traveling to
reach the polling places, including under inclement
weather conditions;
(D) the modes of transportation, if any, that are
regularly and broadly available to voters to use to
reach the polling places;
(E) the existence of and access to frequent and
reliable public transportation to the polling places;
(F) the length of lines and time voters waited to
cast a ballot in previous elections; and
(G) any other factor relevant to effectuating the
aim of achieving equal voting opportunity for
individuals living on Indian lands.
(2) Absence of factors.--When assessing the opportunities
to vote in accordance with paragraph (1), the State, political
subdivision, or court shall ensure that each factor described
in paragraph (1) is considered regardless of whether any one
factor would lead to a determination not to provide additional
polling places under subsection (a)(2)(C).
(c) Form; Provision of Form; Obligations of the Indian Tribe.--
(1) Form.--The Attorney General shall establish the form
described in this subsection through which an Indian Tribe can
fulfill its obligations under this subsection.
(2) Provision of form.--Each State or political subdivision
whose territory contains all or part of an Indian Tribe's
Indian lands--
(A) shall provide the form established under
paragraph (1) to each applicable Indian Tribe not less
than 30 days prior to the deadline set by the State or
political subdivision for completion of the obligations
under this subsection (which deadline shall be not less
than 30 days prior to a Federal election) whereby an
Indian Tribe can fulfill its obligations under this
subsection by providing the information described in
paragraph (3) on that form and submitting the form back
to the applicable State or political subdivision by
such deadline;
(B) shall not edit the form established under
paragraph (1) or apply any additional obligations on
the Indian Tribe with respect to this section; and
(C) shall cooperate in good faith with the efforts
of the Indian Tribe to satisfy the requirements of this
subsection.
(3) Obligations of the indian tribe.--The requirements for
a State and political subdivision under subsection (a)(2) shall
apply with respect to an Indian Tribe once an Indian Tribe
meets the following obligations by completing the form
specified in paragraph (1):
(A) The Indian Tribe specifies the number and
locations of requested polling places, early voting
locations, and ballot drop boxes to be provided on the
Indian lands of that Indian Tribe.
(B) The Indian Tribe certifies that curbside voting
will be available for any facilities that lack
accessible entrances and exits in accordance with
Federal and State law.
(C) The Indian Tribe certifies that the Indian
Tribe will ensure that each such requested polling
place will be open and available to all eligible voters
who reside in the precinct or other geographic area
assigned to such polling place, regardless of whether
such eligible voters are members of the Indian Tribe or
of any other Indian Tribe.
(D) The Indian Tribe requests that the State or
political subdivision shall designate election
officials and poll workers to staff such requested
polling places, or certifies that the Indian Tribe will
designate election officials and poll workers to staff
such polling places on every day that the polling
places will be open.
(E) The Indian Tribe may request that the State or
political subdivision provide absentee ballots without
requiring an excuse, an absentee ballot request, or
residential address to all eligible voters who reside
in the precinct or other geographic area assigned to
such polling place, regardless of whether such eligible
voters are members of the Indian Tribe or of any other
Indian Tribe.
(4) Established polling places.--Once a polling place is
established under subsection (a)(2)(A) or subsection (a)(2)(C)
the Tribe need not fill out the form designated under paragraph
(1) again unless or until that Indian Tribe requests
modifications to the requests specified in the most recent form
under paragraph (1).
(5) Opt out.--At any time that is 60 days or more before
the date of an election, an Indian Tribe that previously has
satisfied the obligations of paragraph (3) may notify the State
or political subdivision that the Indian Tribe intends to opt
out of the standing obligation for one or more polling places
that were established in accordance with subsection (a)(2)(A)
or subsection (a)(2)(C) for a particular election or for all
future elections. A Tribe may opt back in at any time.
(d) Federal Polling Sites.--Each State shall designate as voter
polling facilities any of the facilities identified in accordance with
subparagraph (C) or (D) of section 7(a)(2) of the National Voter
Registration Act of 1993 (52 U.S.C. 20506(a)(2)), at no cost to the
Indian Tribe, provided that the facility meets the requirements of
Federal and State law as applied to other polling places within the
State or political subdivision. The applicable agency of the Federal
Government shall ensure that such designated facilities are made
available as polling places.
(e) Mail-In Balloting.--In States or political subdivisions that
permit absentee or mail-in balloting, the following shall apply with
respect to an election for Federal office:
(1) For each ballot cast by a member of an Indian Tribe
living on Indian lands, all postage shall be prepaid by the
Federal Government and each ballot postmarked the day the
ballot is received at a postal facility located on Indian
lands.
(2) An Indian Tribe may designate at least one building per
precinct as a ballot pickup and collection location (referred
to in this section as a ``tribally designated buildings'') at
no cost to the Indian Tribe. The applicable State or political
subdivision shall collect and timely deposit all ballots from
each tribally designated building.
(3) At the applicable Tribe's request, the State or
political subdivision shall provide mail-in and absentee
ballots to each registered voter residing on Indian lands in
the State or political subdivision without requiring a
residential address, a mail-in or absentee ballot request, or
an excuse for a mail-in or absentee ballot.
(4) The address of a tribally designated building may serve
as the residential address and mailing address for voters
living on Indian lands if the tribally designated building is
in the same precinct as that voter.
(5) If there is no tribally designated building within the
precinct of a voter residing on Indian lands (including if the
tribally designated building is on Indian lands but not in the
same precinct as the voter), the voter may--
(A) use another tribally designated building within
the Indian lands where the voter is located; or
(B) use such tribally designated building as a
mailing address and may separately designate the
voter's appropriate precinct through a description of
the voter's address, as specified in section
9428.4(a)(2) of title 11, Code of Federal Regulations.
(6) In the case of a State or political subdivision that is
a covered State or political subdivision under section 203 of
the Voting Rights Act of 1965 (52 U.S.C. 10503), that State or
political subdivision shall provide absentee or mail-in voting
materials with respect to an election for Federal office in the
language of the applicable minority group as well as in the
English language, bilingual election voting assistance, and
written translations of all voting materials in the language of
the applicable minority group, as required by section 203 of
the Voting Rights Act of 1965 (52 U.S.C. 10503), as amended by
this Act.
(7) A State or political division shall make reasonable
efforts to contact a voter who resides within Indian lands
located within its jurisdiction and offer such voter a
reasonable opportunity to cure any defect in an absentee ballot
issued to and completed and returned by the voter, or appearing
on or pertaining to the materials provided for the purpose of
returning the absentee ballot, if State law would otherwise
require the absentee ballot to be rejected due to such defect
and the defect does not compromise ballot secrecy or involve a
lack of witness or assistant signature, where such signature is
mandated by State law.
(8) In a State or political subdivision that does not
permit absentee or mail-in balloting for all eligible voters in
the State or political subdivision, that State or political
subdivision shall nonetheless provide for absentee or mail-in
balloting for voters who reside on Indian lands consistent with
this section if the State, political subdivision, or any court
applying this section determines that the totality of
circumstances described in subsection (b) warrants
establishment of absentee or mail-in balloting for voters who
reside on Indian lands located within the jurisdiction of the
State or political subdivision.
(f) Ballot Drop Boxes.--Each State shall--
(1) provide not less than one ballot drop box for each
precinct on Indian lands, at no cost to the Indian Tribe, at
either the tribally designated building under subsection (e)(2)
or an alternative site selected by the applicable Indian Tribe;
and
(2) provide additional drop boxes at either the tribally
designated building under subsection (e)(2) or an alternative
site selected by the applicable Indian Tribe if the State or
political subdivision determines that additional ballot drop
boxes should be provided based on the criteria considered under
the totality of circumstances enumerated under subsection (b).
(g) Early Voting.--
(1) Early voting locations.--In a State or political
subdivision that permits early voting in an election for
Federal office, that State or political subdivision shall
provide not less than one early voting location for each
precinct on Indian lands, at no cost to the Indian Tribe, at a
site selected by the applicable Indian Tribe, to allow
individuals living on Indian lands to vote during an early
voting period in the same manner as early voting is allowed on
such date in the rest of the State or precinct. Additional
early voting sites shall be determined based on the criteria
considered under the totality of circumstances described in
subsection (b).
(2) Length of period.--In a State or political subdivision
that permits early voting in an election for Federal office,
that State or political subdivision shall provide an early
voting period with respect to that election that shall consist
of a period of consecutive days (including weekends) which
begins on the 15th day before the date of the election (or, at
the option of the State or political subdivision, on a day
prior to the 15th day before the date of the election) and ends
on the date of the election for all locations on Indian Lands.
(3) Minimum early voting requirements.--Each polling place
that allows voting during an early voting period under this
subsection shall--
(A) allow such voting for no less than 10 hours on
each day;
(B) have uniform hours each day for which such
voting occurs; and
(C) allow such voting to be held for some period of
time prior to 9:00 a.m. (local time) and some period of
time after 5:00 p.m. (local time).
(4) Ballot processing and scanning requirements.--
(A) In general.--To the greatest extent
practicable, ballots cast during the early voting
period in an election for federal office at voting
locations and drop boxes on Indian lands shall be
processed and scanned for tabulation in advance of the
close of polls on election day.
(B) Limitation.--Nothing in this subsection shall
be construed to permit a State or political subdivision
to tabulate and count ballots in an election for
Federal office before the closing of the polls on the
date of the election.
(h) Provisional Ballots.--
(1) In general.--In addition to the requirements under
section 302(a) of the Help America Vote Act of 2002 (52 U.S.C.
21082(a)), for each State or political subdivision that
provides voters provisional ballots, challenge ballots, or
affidavit ballots under the State's applicable law governing
the voting processes for those voters whose eligibility to vote
is determined to be uncertain by election officials, election
officials shall--
(A) provide clear written instructions indicating
the reason the voter was given a provisional ballot,
the information or documents the voter needs to prove
eligibility, the location at which the voter must
appear to submit these materials or alternative
methods, including email or facsimile, that the voter
may use to submit these materials, and the deadline for
submitting these materials;
(B) permit any voter who votes provisionally at any
polling place on Indian lands to appear at any polling
place or at the central location for the election board
to submit the documentation or information to prove
eligibility;
(C) permit any voter who votes provisionally at any
polling place to submit the required information or
documentation via email or facsimile, if the voter
prefers to use such methods as an alternative to
appearing in person to submit the required information
or documentation to prove eligibility;
(D) notify the voter on whether the voter's
provisional ballot was counted or rejected by
telephone, email, or postal mail, or any other
available method, including notifying the voter of any
online tracking website if State law provides for such
a mechanism; and
(E) provide the reason for rejection if the voter's
provisional ballot was rejected after the voter
provided the required information or documentation on
eligibility.
(2) Duties of election officials.--A State or political
subdivision described in paragraph (1) shall ensure in each
case in which a provisional ballot is cast, that election
officials--
(A) request and collect the voter's email address,
if the voter has one, and transmit any written
instructions issued to the voter in person to the voter
via email; and
(B) provide a verbal translation of any written
instructions to the voter.
(i) Enforcement.--
(1) Attorney general.--The Attorney General may bring a
civil action in an appropriate district court for such
declaratory or injunctive relief as is necessary to carry out
this section.
(2) Private right of action.--
(A) A person or Indian Tribe who is aggrieved by a
violation of this section may provide written notice of
the violation to the chief election official of the
State involved.
(B) An aggrieved person or Indian Tribe may bring a
civil action in an appropriate district court for
declaratory or injunctive relief with respect to a
violation of this section, if--
(i) that person or Indian Tribe provides
the notice described in subparagraph (A); and
(ii)(I) in the case of a violation that
occurs more than 120 days before the date of an
election for Federal office, the violation
remains and 90 days or more have passed since
the date on which the chief election official
of the State receives the notice under
subparagraph (A); or
(II) in the case of a violation
that occurs 120 days or less but more
than 30 days before the date of an
election for Federal office, the
violation remains and 20 days or more
have passed since the date on which the
chief election official of the State
receives the notice under subparagraph
(A).
(C) In the case of a violation of this section that
occurs 30 days or less before the date of an election
for Federal office, an aggrieved person or Indian Tribe
may bring a civil action in an appropriate district
court for declaratory or injunctive relief with respect
to the violation without providing notice to the chief
election official of the State under subparagraph (A).
(3) Rule of construction.--Nothing in this section shall be
construed to prevent a State or political subdivision from
providing additional polling places or early voting locations
on Indian lands.
SEC. 7. PROCEDURES FOR REMOVAL OF POLLING PLACES AND VOTER REGISTRATION
SITES ON INDIAN LANDS.
(a) Actions Requiring Tribal Administrative Review.--No State or
political subdivision may carry out any of the following activities in
an election for Federal office unless the requirements of subsection
(b) have been met:
(1) Eliminating polling places or voter registration sites
on the Indian lands of an Indian Tribe.
(2) Moving or consolidating a polling place or voter
registration site on the Indian lands of an Indian Tribe to a
location 1 mile or further from the existing location of the
polling place or voter registration site.
(3) Moving or consolidating a polling place on the Indian
lands of an Indian Tribe to a location across a river, lake,
mountain, or other natural boundary such that it increases
travel time for a voter, regardless of distance.
(4) Eliminating in-person voting on the Indian lands of an
Indian Tribe by designating an Indian reservation as a
permanent absentee voting location, unless the Indian Tribe
requests such a designation and has not later requested that
the designation as a permanent absentee voting location be
reversed.
(5) Removing an early voting location or otherwise
diminishing early voting opportunities on Indian lands.
(6) Removing a ballot drop box or otherwise diminishing
ballot drop boxes on Indian lands.
(7) Decreasing the number of days or hours that an in-
person or early voting polling place is open on Indian lands
only or changing the dates of in-person or early voting only on
the Indian lands of an Indian Tribe.
(b) Tribal Administrative Review.--
(1) In general.--The requirements of this subsection have
been met if--
(A) the impacted Indian Tribe submits to the
Attorney General the Indian Tribe's written consent to
the proposed activity described in subsection (a);
(B) the State or political subdivision, after
consultation with the impacted Indian Tribe and after
attempting to have the impacted Indian Tribe give
consent as described in subparagraph (A), institutes an
action in the United States District Court for the
District of Columbia for a declaratory judgment, and a
declaratory judgment is issued based upon affirmative
evidence provided by the State or political
subdivision, that conclusively establishes that the
specified activity described in subsection (a) proposed
by the State or political subdivision neither has the
purpose nor will have the effect of denying or
abridging the right to vote on account of race or
color, membership in an Indian Tribe, or membership in
a language minority group; or
(C) the chief legal officer or other appropriate
official of such State or political subdivision, after
consultation with the impacted Indian Tribe and after
attempting to have the impacted Indian Tribe give
consent as described in subparagraph (A), submits a
request to carry out the specified activity described
in subsection (a) to the Attorney General and the
Attorney General affirmatively approves the specified
activity.
(2) No limitation on future actions.--
(A) No bar to subsequent action.--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, nor a written consent issued under
paragraph (1)(A) shall bar a subsequent action to
enjoin enforcement of an activity described in
subsection (a).
(B) Reexamination.--The Attorney General reserves
the right to reexamine any submission under paragraph
(1)(C) if additional relevant information comes to the
Attorney General's attention.
(C) District court.--Any action under this section
shall be heard and determined by a district court of 3
judges in accordance with the provisions of section
2284 of title 28, United States Code, and any appeal
shall lie to the Supreme Court.
SEC. 8. TRIBAL VOTER IDENTIFICATION.
(a) Tribal Identification.--If a State or political subdivision
requires an individual to present identification for the purposes of
voting or registering to vote in an election for Federal office, an
identification card issued by a federally recognized Indian Tribe, the
Bureau of Indian Affairs, the Indian Health Service, or any other
Tribal or Federal agency issuing identification cards to eligible
Indian voters shall be treated as a valid form of identification for
such purposes.
(b) Online Registration.--If a State or political subdivision
requires an identification card for an individual to register to vote
online or to vote online, that State or political subdivision shall
annually consult with an Indian Tribe to determine whether a tribal
identification can feasibly be used to register to vote online or vote
online.
(c) Limitation on Requiring Multiple Forms of Identification.--If a
State or political subdivision requires an individual to present more
than one form of identification for the purposes of voting or
registering to vote in an election for Federal office, or for
registering to vote online or to vote online, that State or political
subdivision shall not require any member of an Indian Tribe to provide
more than one form of identification if the member provides orally or
in writing that the member does not possess more than one form of
identification.
SEC. 9. PERMITTING VOTERS TO DESIGNATE OTHER PERSON TO RETURN BALLOT.
Each State or political subdivision--
(1) shall permit family members (including extended family
such as cousins, grandchildren, and relations through
marriage), caregivers, tribal assistance providers, or
household members to return a sealed ballot of a voter that
resides on Indian lands to a post office on Tribal lands, a
ballot drop box location in a State or political subdivision
that provides ballot drop boxes, a tribally designated building
under section 6(e)(2), or an election office, so long as the
person designated to return the ballot or ballots on behalf of
another voter does not receive any form of compensation based
on the number of ballots that the person has returned and no
individual, group, or organization provides compensation on
this basis;
(2) may not put any limit on how many voted and sealed
absentee ballots any designated person can return to the post
office, ballot drop box location, tribally designated building,
or election office under paragraph (1); and
(3) shall permit, at a minimum, any family member
(including extended family such as cousins, grandchildren, and
relations through marriage), caregiver, tribal assistance
provider, or household member, including the voter, to return
voter registration applications, absentee ballot applications,
or absentee ballots to ballot drop box locations in a State or
political subdivision that provides ballot drop boxes for these
purposes.
SEC. 10. BILINGUAL ELECTION REQUIREMENTS.
Section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) is
amended--
(1) in subsection (b)(3)(C), by striking ``1990'' and
inserting ``most recent''; and
(2) by striking subsection (c) and inserting the following:
``(c) Provision of Voting Materials in the Language of a Minority
Group.--
``(1) In general.--Whenever any State or political
subdivision subject to the prohibition of subsection (b),
provides any registration or voting notices, forms,
instructions, assistance, or other materials or information
relating to the electoral process, including ballots, it shall
provide them in the language of the applicable minority group
as well as in the English language.
``(2) Exceptions.--
``(A) In the case of a minority group that is not
American Indian or Alaska Native and the language of
that minority group is oral or unwritten, the State or
political subdivision shall only be required to
furnish, in the covered language, oral instructions,
assistance, translation of voting materials, or other
information relating to registration and voting.
``(B) In the case of a minority group that is
American Indian or Alaska Native, the State or
political subdivision shall only be required to furnish
in the covered language oral instructions, assistance,
or other information relating to registration and
voting, including all voting materials, if the Indian
Tribe of that minority group has certified that the
language of the applicable American Indian or Alaska
Native language is presently unwritten or the Indian
Tribe does not want written translations in the
minority language.
``(3) Written translations for election workers.--
Notwithstanding paragraph (2), the State or political division
may be required to provide written translations of voting
materials, with the consent of any applicable Indian Tribe, to
election workers to ensure that the translations from English
to the language of a minority group are complete, accurate, and
uniform.''.
SEC. 11. FEDERAL OBSERVERS TO PROTECT TRIBAL VOTING RIGHTS.
(a) Amendment to the Voting Rights Act of 1965.--Section 8(a) of
the Voting Rights Act of 1965 (52 U.S.C. 10305(a)) is amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2)(B), by adding ``or'' after the
semicolon; and
(3) by inserting after paragraph (2) the following:
``(3) the Attorney General has received a written complaint
from an Indian Tribe that efforts to deny or abridge the right
to vote under the color of law on account of race or color,
membership in an Indian Tribe, or in contravention of the
guarantees set forth in section 4(f)(2), are likely to
occur;''.
(b) Publicly Available Reports.--The Attorney General shall make
publicly available the reports of a Federal election observer appointed
pursuant to section (8)(a)(3) of the Voting Rights Act of 1965 (52
U.S.C. 10305(a)(3)), as added by subsection (a), not later than 6
months after the date that such reports are submitted to the Attorney
General, except that any personally identifiable information relating
to a voter or the substance of the voter's ballot shall not be made
public.
SEC. 12. TRIBAL JURISDICTION.
(a) In General.--Tribal law enforcement have the right to exercise
their inherent authority to detain and or remove any non-Indian, not
affiliated with the State, its political subdivision, or the Federal
Government, from Indian lands for intimidating, harassing, or otherwise
impeding the ability of people to vote or of the State and its
political subdivisions to conduct an election.
(b) Civil Action by Attorney General for Relief.--Whenever any
person has engaged or there are reasonable grounds to believe that any
person is about to engage in any act or practice prohibited by this
section, the Attorney General may institute for the United States, or
in the name of the United States, an action for preventive relief,
including an application for a temporary or permanent injunction,
restraining order, or other order, and including an order directed to
the State and State or local election officials to require them to
permit persons to vote and to count such votes.
SEC. 13. TRIBAL VOTING CONSULTATION.
The Attorney General shall consult annually with Indian Tribes
regarding issues related to voting in elections for Federal office.
SEC. 14. ATTORNEYS' FEES, EXPERT FEES, AND LITIGATION EXPENSES.
In a civil action under this Act, the court shall award the
prevailing party, other than the United States, reasonable attorney
fees, including litigation expenses, reasonable expert fees, and costs.
SEC. 15. GAO STUDY AND REPORT.
The Comptroller General shall study the prevalence of
nontraditional or nonexistent mailing addresses among Indians, those
who are members of Indian Tribes, and those residing on Indian lands
and identify alternatives to remove barriers to voter registration,
receipt of voter information and materials, and receipt of ballots. The
Comptroller General shall report the results of that study to Congress
not later than 1 year after the date of enactment of this Act.
SEC. 16. UNITED STATES POSTAL SERVICE CONSULTATION.
The Postmaster General shall consult with Indian Tribes, on an
annual basis, regarding issues relating to the United States Postal
Service that present barriers to voting for eligible voters living on
Indian lands.
SEC. 17. SEVERABILITY; RELATIONSHIP TO OTHER LAWS; TRIBAL SOVEREIGN
IMMUNITY.
(a) Severability.--If any provision of this Act, or the application
of such a provision to any person, entity, or circumstance, is held to
be invalid, the remaining provisions of this Act and the application of
all provisions of this Act to any other person, entity, or circumstance
shall not be affected by the invalidity.
(b) Relationship to Other Laws.--Nothing in this Act shall
invalidate, or limit the rights, remedies, or procedures available
under, or supersede, restrict, or limit the application of, 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 Help America
Vote Act of 2002 (52 U.S.C. 20901 et seq.), or any other Federal law or
regulation related to voting or the electoral process. Notwithstanding
any other provision of law, these provisions shall be applicable within
the State of Maine.
(c) Tribal Sovereign Immunity.--Nothing in this Act shall be
construed as--
(1) affecting, modifying, diminishing, or otherwise
impairing the sovereign immunity from suit enjoyed by an Indian
Tribe; or
(2) authorizing or requiring the termination of any
existing trust responsibility of the United States with respect
to Indian people.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
<all>