[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 143
117th CONGRESS
1st Session
S. 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 SENATE OF THE UNITED STATES
October 5, 2021
Mr. Leahy (for himself, Mr. Schumer, Mr. Durbin, Mr. Blumenthal, Mr.
Warnock, Mr. Ossoff, Ms. Baldwin, Mr. Bennet, Mr. Booker, Mr. Brown,
Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coons, Ms. Cortez
Masto, Ms. Duckworth, Mrs. Feinstein, Mrs. Gillibrand, Ms. Hassan, Mr.
Heinrich, Mr. Hickenlooper, Ms. Hirono, Mr. Kaine, Mr. Kelly, Mr. King,
Ms. Klobuchar, Mr. Lujan, Mr. Markey, Mr. Menendez, Mr. Merkley, Mr.
Murphy, Mrs. Murray, Mr. Padilla, Mr. Peters, Mr. Reed, Ms. Rosen, Mr.
Sanders, Mr. Schatz, Mrs. Shaheen, Ms. Sinema, Ms. Smith, Ms. Stabenow,
Mr. Tester, Mr. Van Hollen, Mr. Warner, Ms. Warren, Mr. Whitehouse, and
Mr. Wyden) introduced the following bill; which was read the first time
October 6, 2021
Read the second time and placed on the calendar
_______________________________________________________________________
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''.
TITLE I--AMENDMENTS TO THE VOTING RIGHTS ACT
SEC. 101. 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 of such Act (52 U.S.C. 10301), as
amended by subsection (a), is further amended by striking subsection
(b) and inserting the following:
``(b) A violation of subsection (a) for vote dilution is
established if, based on the totality of circumstances, it is shown
that the political processes leading to nomination or election in the
State or political subdivision are not equally open to participation by
members of a class of citizens protected by subsection (a) in that its
members have less opportunity than other members of the electorate to
participate in the political process and to elect representatives of
their choice. The extent to which members of a protected class have
been elected to office in the State or political subdivision is one
circumstance which may be considered: Provided, That nothing in this
section establishes a right to have members of a protected class
elected in numbers equal to their proportion in the population. The
legal standard articulated in Thornburg v. Gingles, 478 U.S. 30 (1986),
governs claims under this subsection. For purposes of this subsection a
class of citizens protected by subsection (a) may include a cohesive
coalition of members of different racial or language minority
groups.''.
(c) 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) for vote denial or
abridgment is established if the challenged standard, practice, or
procedure imposes a discriminatory burden on members of a class of
citizens protected by subsection (a), meaning that--
``(A) members of the protected class face greater
difficulty in complying with the standard, practice, or
procedure, considering the totality of the circumstances; and
``(B) such greater difficulty is, at least in part, caused
by or linked to social and historical conditions that have
produced or currently produce discrimination against members of
the protected class.
``(2) The challenged standard, practice, or procedure need only be
a but-for cause of the discriminatory burden or perpetuate a pre-
existing discriminatory burden.
``(3)(A) The totality of the circumstances for consideration
relative to a violation of subsection (a) for vote denial or abridgment
shall include the following factors, which, individually and
collectively, show how a voting standard, practice, or procedure can
function to amplify the effects of past or present racial
discrimination:
``(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 unduly burdensome photographic voter
identification requirements, documentary proof of citizenship
requirements, documentary proof of residence requirements, or
other voting standards, practices, or procedures beyond those
required by Federal law that may impair the ability of members
of the protected class to participate fully in the political
process.
``(iv) The extent to which members of the protected class
bear the effects of discrimination in areas such as education,
employment, and health, which hinder the ability of those
members to participate effectively in the political process.
``(v) The use of overt or subtle racial appeals either in
political campaigns or surrounding the adoption or maintenance
of the challenged standard, practice, or procedure.
``(vi) The extent to which members of the protected class
have been elected to public office in the jurisdiction, except
that the fact that the protected class is too small to elect
candidates of its choice shall not defeat a claim of vote
denial or abridgment under this section.
``(vii) Whether there is a lack of responsiveness on the
part of elected officials to the particularized needs of
members of the protected class.
``(viii) Whether the policy underlying the State or
political subdivision's use of the challenged qualification,
prerequisite, standard, practice, or procedure has a tenuous
connection to that qualification, prerequisite, standard,
practice, or procedure.
``(B) A particular combination or number of factors under
subparagraph (A) shall not be required to establish a violation
of subsection (a) for vote denial or abridgment.
``(C) The totality of the circumstances for consideration
relative to a violation of subsection (a) for vote denial or
abridgment shall not include the following factors:
``(i) The total number or share of members of a protected
class on whom a challenged standard, practice, or procedure
does not impose a material burden.
``(ii) The degree to which the challenged standard,
practice, or procedure has a long pedigree or was in widespread
use at some earlier date.
``(iii) The use of an identical or similar standard,
practice, or procedure in other States or political
subdivisions.
``(iv) The availability of other forms of voting unimpacted
by the challenged standard, practice, or procedure to all
members of the electorate, including members of the protected
class, unless the State or political subdivision is
simultaneously expanding those other standards, practices, or
procedures to eliminate any disproportionate burden imposed by
the challenged standard, practice, or procedure.
``(v) A prophylactic impact on potential criminal activity
by individual voters, if such crimes have not occurred in the
State or political subdivision in substantial numbers.
``(vi) Mere invocation of interests in voter confidence or
prevention of fraud.''.
(d) Intended Vote Dilution or Vote Denial or Abridgment.--Section 2
of such Act (52 U.S.C. 10301), as amended by subsections (a), (b), and
(c) is further amended by adding at the end the following:
``(d)(1) A violation of subsection (a) is also established if a
challenged qualification, prerequisite, standard, practice, or
procedure is intended, at least in part, to dilute the voting strength
of a protected class 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 or 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 in order to establish a
violation of subsection (a), as described in this subsection. A
qualification, prerequisite, standard, practice, or procedure
intended to dilute the voting strength of a protected class or
to make it more difficult for members of a protected class to
cast a ballot that will be counted constitutes a violation of
subsection (a), as described in this subsection, even if an
additional purpose of the qualification, prerequisite,
standard, practice, or procedure is to benefit a particular
political party or group.
``(3) Recent context, including actions by official
decisionmakers in prior years or in other contexts preceding
the decision responsible for the challenged qualification,
prerequisite, standard, practice, or procedure, and including
actions by predecessor government actors or individual members
of a decisionmaking body, may be relevant to making a
determination about a violation of subsection (a), as described
under this subsection.
``(4) A claim that a violation of subsection (a) has
occurred, as described under this subsection, shall require
proof of a discriminatory impact but shall not require proof of
violation of subsection (b) or (c).''.
SEC. 102. RETROGRESSION.
Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.), as amended by section 101 of this Act, is further amended by
adding at the end the following:
``(e) A violation of subsection (a) is established when a State or
political subdivision enacts or seeks to administer any qualification
or prerequisite to voting or standard, practice, or procedure with
respect to voting in any election 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 or color, or in contravention of the
guarantees set forth in section 4(f)(2), to participate in the
electoral process or elect their preferred candidates of choice. This
subsection applies to any action taken on or after January 1, 2021, by
a State or political subdivision to enact or seek to administer any
such qualification or prerequisite to voting or standard, practice or
procedure.
``(f) Notwithstanding the provisions of subsection (e), final
decisions of the United States District Court of the District of
Columbia on applications or petitions by States or political
subdivisions for preclearance under section 5 of any changes in voting
prerequisites, standards, practices, or procedures, supersede the
provisions of subsection (e).''.
SEC. 103. 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. 104. 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; or
``(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).
``(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 and all
political subdivisions in the 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 (that was not
reversed on appeal) occurred, in which the plaintiff
prevailed and 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 to the Constitution of
the United States, anywhere within the State or
subdivision.
``(B) Judicial relief; violations of this act.--Any
final judgment (that was not reversed on appeal)
occurred in which the plaintiff prevailed and 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 (e) or (f) or section 2, 201, or 203.
``(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 under this subparagraph 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
subparagraph 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 count as an independent violation of this
Act.
``(E) Consent decree, settlement, or other
agreement.--
``(i) Agreement.--A consent decree,
settlement, or other agreement was adopted or
entered by a court of the United States that
contains 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 or subdivision 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 (e) or (f) or
section 2, 201, or 203, or the 14th or 15th
Amendment.
``(ii) Independent violations.--A voluntary
extension or continuation of a consent decree,
settlement, or agreement described in clause
(i) shall not count as an independent violation
under this subparagraph. Any other extension or
modification of such a consent decree,
settlement, or agreement, if the consent
decree, settlement, or agreement has been in
place for ten years or longer, shall count as
an independent violation under this
subparagraph. If a court of the United States
finds that a consent decree, settlement, or
agreement described in clause (i) itself 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 (e) or (f) or
section 2, 201, or 203, 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 under this subparagraph.
``(F) Multiple violations.--Each instance in which
a voting qualification or prerequisite to voting or
standard, practice, or procedure with respect to
voting, including each redistricting plan, is found to
be a violation by a court of the United States pursuant
to subparagraph (A) or (B), or prevented from being
enforced pursuant to subparagraph (C) or (D), or
altered or abandoned pursuant to subparagraph (E) shall
count as an independent violation under this paragraph.
Within a redistricting plan, each violation under this
paragraph found to discriminate against any group of
voters based on race, color, or language minority group
shall count as an independent violation under this
paragraph.
``(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)), as
amended by subsection (a), is further amended, in the first sentence,
by striking ``race or color,'' and inserting ``race or color, or in
contravention of the guarantees of subsection (f)(2),''.
(c) Facilitating Bailout.--Section 4(a) of the Voting Rights Act of
1965 (52 U.S.C. 10303(a)), as amended by subsection (a), is further
amended--
(1) by striking paragraph (1)(C);
(2) by inserting at the beginning of paragraph (7), as
redesignated by subsection (a)(2)(H), the following: ``Any
plaintiff seeking a declaratory judgment under this subsection
on the grounds that the plaintiff meets the requirements of
paragraph (1) may request that the Attorney General consent to
entry of judgment.''; and
(3) by adding at the end the following:
``(8) If a political subdivision is subject to the application of
this subsection, due to the applicability of subsection (b)(1)(A), the
political subdivision may seek a declaratory judgment under this
section if the subdivision demonstrates that the subdivision meets the
criteria established by the subparagraphs of paragraph (1), for the 10
years preceding the date on which subsection (a) applied to the
political subdivision under subsection (b)(1)(A).
``(9) If a political subdivision was not subject to the application
of this subsection by reason of a declaratory judgment entered prior to
the date of enactment of the John R. Lewis Voting Rights Advancement
Act of 2021, and is not, subsequent to that date of enactment, subject
to the application of this subsection under subsection (b)(1)(B), then
that political subdivision shall not be subject to the requirements of
this subsection.''.
SEC. 105. 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 (including a 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 voting-age population in the State
or political subdivision, respectively; 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 State or 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 voting-age population in the State
or political subdivision, respectively; 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 State or political subdivision.
``(2) Changes to political subdivision boundaries.--Any
change or series of changes within a year to the boundaries of
a political subdivision that reduces by 3 or more percentage
points the percentage of the political subdivision's voting-age
population that is comprised of members of a single racial
group or language minority group in the 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 districts for Federal, State, or local elections
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 in elections for Federal,
State, or local offices 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.
``(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 in
elections for Federal, State, or local office, 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 for Federal, State,
or local office 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 for Federal,
State, or local office, except where the provision would
violate prohibitions on expenditures to influence voting, if
the location change, reduction in days or hours, or prohibition
applies--
``(A) in one or more census tracts in which two or
more language minority groups or racial groups each
represent 20 percent or more of the voting-age
population; or
``(B) on Indian lands in which 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 process for voter registration lists that adds a
new basis for removal from the list of active voters registered
to vote in elections for Federal, State, or local office, or
that incorporates new sources of information in determining a
voter's eligibility to vote in elections for Federal, State, or
local office, if such a change would have a statistically
significant disparate impact, concerning the removal from voter
rolls, on 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
individually.
``(c) Preclearance.--
``(1) In general.--
``(A) Action .--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.
``(B) Submission to attorney general.--
``(i) In general.--Notwithstanding
subparagraph (A), 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. For
purposes of determining whether expedited
consideration of approval is required under
this subparagraph or section 5(a), an exigency
such as a natural disaster, that requires a
change in a voting qualification or
prerequisite to voting or standard, practice,
or procedure with respect to voting during the
period of 30 days before a Federal election,
shall be considered to be good cause requiring
that expedited consideration.
``(ii) Effect of indication.--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
subsection 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 subsection.
``(C) Court.--Any action under this subsection
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).
``(3) Purpose defined.--The term `purpose' in paragraphs
(1) and (2) shall include any discriminatory purpose.
``(4) Purpose of paragraph (2).--The purpose of paragraph
(2) 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 district court of the United States to compel
any State or political subdivision to satisfy the obligations set forth
in this section. Such an action 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
implementation of 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 of the Department of Justice entitled
`Guidance Concerning Redistricting Under Section 5 of the Voting Rights
Act; Notice' (76 Fed. Reg. 7470 (February 9, 2011)).
``(f) Special Rule.--For purposes of determinations under this
section, any data provided by the Bureau of the Census, whether based
on estimation from a 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. 106. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT.
(a) Transparency.--The Voting Rights Act of 1965 (52 U.S.C. 10301
et seq.) is amended by inserting after section 5 the following:
``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
qualification, 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) The number of registered voters, broken down
by demographic group if such breakdown is reasonably
available to the State or political subdivision
involved.
``(C)(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)
the estimated 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 8101 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.''.
(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. 107. 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), in the flush matter at the
end, 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'';
(B) in subsection (c), by striking ``Director of
the Office of Personnel Management'' and inserting
``Attorney General''; and
(C) in subsection (c), by adding at the end the
following: ``The Director of the Office of Personnel
Management may, with the consent of the Attorney
General, assist in the selection, recruitment, hiring,
training, or deployment of these or other individuals
authorized by the Attorney General for the purpose of
observing whether persons who are entitled to vote are
being permitted to vote and whether those votes are
being properly tabulated.''.
(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. 108. 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 to read as follows:
``(d) Whenever there are reasonable grounds to believe that any
person has engaged in, or is about to engage in, any act or practice
that would (1) deny any citizen the right to register, to cast a
ballot, or to have that ballot counted properly and included in the
appropriate totals of votes cast in violation of the 14th, 15th, 19th,
24th, or 26th Amendments to the Constitution of the United States, (2)
violate subsection (a) or (b) of section 11, or (3) violate any other
provision of this Act or any other Federal voting rights law that
prohibits discrimination on the basis of race, color, or membership in
a language minority group, an aggrieved person or (in the name of the
United States) the Attorney General may institute an action for
preventive relief, including an application for a temporary or
permanent injunction, restraining order, or other appropriate order.
Nothing in this subsection shall be construed to create a cause of
action for civil enforcement of criminal provisions of this or any
other Act.''.
(c) Judicial Relief.--Section 204 of the Voting Rights Act of 1965
(52 U.S.C. 10504) is amended by striking the first sentence and
inserting the following: ``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 this
title, 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(a)(1)) is amended to
read as follows:
``(a)(1) 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
26th Amendment to the Constitution of the United States.''.
SEC. 109. PREVENTIVE RELIEF.
Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C.
10308(d)), as amended by section 108, 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 serious question as to whether the challenged voting
qualification or prerequisite to voting or standard, practice, or
procedure violates any of the provisions listed in section 11(a)(1) of
the John R. Lewis Voting Rights Advancement Act 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 to the
Constitution of the United States;
``(II) a violation of the 19th, 24th, or 26th
Amendments to the Constitution of the United States;
``(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 to the
Constitution of the United States;
``(II) a violation of the 19th, 24th, or 26th
Amendment to the Constitution of the United States;
``(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. 110. BILINGUAL ELECTION REQUIREMENTS.
Section 203(b)(1) of the Voting Rights Act of 1965 (52 U.S.C.
10503(b)(1)) is amended by striking ``2032'' and inserting ``2037''.
SEC. 111. 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 111(a)(1) 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. 112. PROTECTION OF TABULATED VOTES.
The Voting Rights Act of 1965 (52 U.S.C. 10307) is amended--
(1) in section 11--
(A) by amending subsection (a) to read as follows:
``(a) No person acting under color of law shall--
``(1) fail or refuse to permit any person to vote who is
entitled to vote under Federal law or is otherwise qualified to
vote;
``(2) willfully fail or refuse to tabulate, count, and
report such person's vote; or
``(3) willfully fail or refuse to certify the aggregate
tabulations of such persons' votes or certify the election of
the candidates receiving sufficient such votes to be elected to
office.''; and
(B) in subsection (b), by inserting ``subsection
(a) or'' after ``duties under''; and
(2) in section 12--
(A) in subsection (b)--
(i) by striking ``a year following an
election in a political subdivision in which an
observer has been assigned'' and inserting ``22
months following an election for Federal
office''; and
(ii) by adding at the end the following:
``Whenever the Attorney General has reasonable
grounds to believe that any person has engaged
in or is about to engage in an act in violation
of this subsection, the Attorney General may
institute (in the name of the United States) a
civil action in Federal district court seeking
appropriate relief.'';
(B) in subsection (c), by inserting ``or solicits a
violation of'' after ``conspires to violate''; and
(C) in subsection (e), by striking the first and
second sentences and inserting the following: ``If,
after the closing of the polls in an election for
Federal office, persons allege that notwithstanding (1)
their registration by an appropriate election official
and (2) their eligibility to vote in the political
subdivision, their ballots have not been counted in
such election, and if upon prompt receipt of
notifications of these allegations, the Attorney
General finds such allegations to be well founded, the
Attorney General may forthwith file with the district
court an application for an order providing for the
counting and certification of the ballots of such
persons and requiring the inclusion of their votes in
the total vote for all applicable offices before the
results of such election shall be deemed final and any
force or effect given thereto.''.
SEC. 113. ENFORCEMENT OF VOTING RIGHTS BY ATTORNEY GENERAL.
Section 12 of the Voting Rights Act of 1965 (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 this Act and other Federal
laws 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 the Attorney General has
reason to believe is within their possession, custody, or
control. A demand by the Attorney General under this subsection
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 the production described under
subparagraph (A) and the answers described under
subparagraph (B).
``(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 Federal law 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 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 shall be 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
20 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 20 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, shall, 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) 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) the requirements described in both
clause (i) and clause (ii) have been met; 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. 114. 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 (25 U.S.C. 5304).
``(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 (25
U.S.C. 5304).
``(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. 115. 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. 116. 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.''.
(d) Review of Preclearance Submission Under Section 5 Due to
Exigency.--Section 5 of such Act (52 U.S.C. 10304) is amended, in
subsection (a), by inserting ``An exigency, including a natural
disaster, inclement weather, or other unforeseeable event, requiring
such different qualification, prerequisite, standard, practice, or
procedure within 30 days of a Federal, State, or local election shall
constitute good cause requiring the Attorney General to expedite
consideration of the submission.'' after ``will not be made.''.
SEC. 117. SEVERABILITY.
If any provision of the John R. Lewis Voting Rights Advancement
Act of 2021 or any amendment made by this title, 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 title and amendments made by this title, and the
application of the provisions and amendments to any other person or
circumstance, and any remaining provision of the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), shall not be affected by the holding.
In addition, if any provision of the Voting Rights Act of 1965 (52
U.S.C. 10301 et seq.), or any amendment to the Voting Rights Act of
1965, 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 application of the provision and
amendment to any other person or circumstance, and any remaining
provisions of the Voting Rights Act of 1965, shall not be affected by
the holding.
SEC. 118. 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.
TITLE II--ELECTION WORKER AND POLLING PLACE PROTECTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Election Worker and Polling Place
Protection Act''.
SEC. 202. FEDERALLY PROTECTED ACTIVITIES.
Section 245 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``willfully'' and inserting ``, or violence,
or threat of harm to any person or property,
intentionally'';
(B) in paragraph (1)(A), by inserting ``, or any
agent, contractor, or vendor of a legally authorized
election official assisting in the administration of
any primary, special, or general election'' before the
semicolon at the end; and
(C) in the undesignated matter following paragraph
(5)--
(i) by striking ``one year'' and inserting
``3 years''; and
(ii) by striking ``of this section'' each
place it appears and inserting ``of this
subsection'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
``(c)(1) Whoever, whether or not acting under color of law,
intentionally physically damages or threatens to physically damage any
physical property being used as a polling place or tabulation center or
other election infrastructure shall be fined under this title, or
imprisoned not more than 1 year, or both; and if bodily injury results
from the acts committed in violation of this subsection or if such acts
include the use, attempted use, or threatened use of a dangerous
weapon, explosives, or fire shall be fined under this title, or
imprisoned not more than 10 years, or both; and if death results from
the acts committed in violation of this subsection or if such acts
include kidnapping or an attempt to kidnap, aggravated sexual abuse or
an attempt to commit aggravated sexual abuse, or an attempt to kill,
shall be fined under this title or imprisoned for any term of years or
for life, or both.
``(2) For purposes of this subsection, de minimus damage or threats
of de minimus damage to physical property, such as graffiti, shall not
be considered a violation of paragraph (1).
``(3) In this subsection, the term `election infrastructure' means
any office of an election official, staff, worker, or volunteer or any
physical, mechanical, or electrical device, structure, or tangible item
used in the process of creating, distributing, voting, returning,
counting, tabulating, auditing, storing, or other handling of voter
registration or ballot information.''.
TITLE III--NATIVE AMERICAN VOTING RIGHTS ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Frank Harrison, Elizabeth
Peratrovich, and Miguel Trujillo Native American Voting Rights Act of
2021''.
SEC. 302. 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 title 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. 303. DEFINITIONS.
In this title:
(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 title 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. 304. ESTABLISHMENT OF A NATIVE AMERICAN VOTING TASK FORCE GRANT
PROGRAM.
(a) In General.--The Office for Civil Rights at the Office of
Justice Programs of the Department of Justice (referred to in this
section as the ``Office'') shall establish and administer, in
coordination with the Department of the Interior, a Native American
voting task force grant program, through which the Office 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 108 of this title; and
(C) the requirements of Tribes, States, and
precincts established under this title;
(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;
(3) a nonprofit organization that works, in whole or in
part, on voting issues; or
(4) a consortium of entities described in paragraphs (1)
through (3).
(d) Application and Selection Process.--
(1) In general.--The Office, 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 Office
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)(4), 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 office.--
(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 Office
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 Office receives the report described
in paragraph (1), the Office 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 title, and annually thereafter, the
Office 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. 305. 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. 306. 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 the Indian Tribe. 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 title.
(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 early voting 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 the date of the election.
(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. 307. 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. 308. 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. 309. PERMITTING VOTERS TO DESIGNATE OTHER PERSON TO RETURN BALLOT.
Each State or political subdivision--
(1) shall permit any person to return a sealed ballot of a
voter that resides on Indian lands to a post office on Indian
lands, a ballot drop box location in a State or political
subdivision that provides ballot drop boxes, a tribally
designated building under section 306(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 any person 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. 310. 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. 311. 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. 312. 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. 313. TRIBAL VOTING CONSULTATION.
The Attorney General shall consult annually with Indian Tribes
regarding issues related to voting in elections for Federal office.
SEC. 314. ATTORNEYS' FEES, EXPERT FEES, AND LITIGATION EXPENSES.
In a civil action under this title, the court shall award the
prevailing party, other than the United States, reasonable attorney
fees, including litigation expenses, reasonable expert fees, and costs.
SEC. 315. 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 title.
SEC. 316. 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. 317. SEVERABILITY; RELATIONSHIP TO OTHER LAWS; TRIBAL SOVEREIGN
IMMUNITY.
(a) Severability.--If any provision of this title, or the
application of such a provision to any person, entity, or circumstance,
is held to be invalid, the remaining provisions of this title and the
application of all provisions of this title to any other person,
entity, or circumstance shall not be affected by the invalidity.
(b) Relationship to Other Laws.--Nothing in this title 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, the provisions of this title, and the
amendments made by this title, shall be applicable within the State of
Maine.
(c) Tribal Sovereign Immunity.--Nothing in this title 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. 318. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
Calendar No. 143
117th CONGRESS
1st Session
S. 4
_______________________________________________________________________
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.
_______________________________________________________________________
October 6, 2021
Read the second time and placed on the calendar