118 S4 IS: John R. Lewis Voting Rights Advancement Act of 2024
U.S. Senate
2024-02-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
2d Session
S. 4
IN THE SENATE OF THE UNITED STATES
February 29, 2024
Mr. Durbin (for himself, Mr. Warnock, Mr. Booker, Mr. Blumenthal, Ms. Butler, Mr. Schumer, Mrs. Murray, Mr. Wyden, Mr. Reed, Mr. Carper, Ms. Stabenow, Ms. Cantwell, Mr. Menendez, Mr. Cardin, Mr. Sanders, Mr. Brown, Mr. Casey, Ms. Klobuchar, Mr. Whitehouse, Mr. Tester, Mrs. Shaheen, Mr. Warner, Mr. Merkley, Mr. Bennet, Mrs. Gillibrand, Mr. Coons, Mr. Schatz, Ms. Baldwin, Mr. Murphy, Ms. Hirono, Mr. Heinrich, Mr. King, Mr. Kaine, Ms. Warren, Mr. Markey, Mr. Peters, Mr. Van Hollen, Ms. Duckworth, Ms. Hassan, Ms. Cortez Masto, Ms. Smith, Ms. Sinema, Ms. Rosen, Mr. Kelly, Mr. Luján, Mr. Hickenlooper, Mr. Padilla, Mr. Ossoff, Mr. Welch, and Mr. Fetterman) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend the Voting Rights Act of 1965 to revise the criteria for determining which States and political subdivisions are subject to section 4 of the Act, and for other purposes.
1.

Short title
This Act may be cited as the “John R. Lewis Voting Rights Advancement Act of 2024”.
I

Amendments to the Voting Rights Act
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).” .
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).”.
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,”.
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) and redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively;
(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 2024, 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.”.
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:
“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 2024.
(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.”.
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:
“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.
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,”.
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)
(1)
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.”.
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 111(a)(1) of the John R. Lewis Voting Rights Advancement Act of 2024 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.”.
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”.
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 2024,” 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.
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.”.
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.”.
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:
“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.”.
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.”.
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.”.
117.

Severability
If any provision of the John R. Lewis Voting Rights Advancement Act of 2024 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.
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.
II

Election Worker and Polling Place Protection
201.

Short title
This title may be cited as the “Election Worker and Polling Place Protection Act”.
202.

Prohibition on interference and intimidation
Section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended by adding at the end the following:
“(f)
(1)
(A)
Whoever, whether or not acting under color of law, by force or threat of force, or by violence or threat of violence to any person or property, willfully interferes with or attempts to interfere with, the ability of any person or any class of persons to vote or qualify to vote, or to qualify or act as a poll watcher or as any legally authorized election official, in any primary, special, or general election, or any person who is, or is employed by, an agent, contractor, or vendor of a legally authorized election official assisting in the administration of any primary, special, or general election to assist in that administration, shall be fined not more than $2,500, or imprisoned not more than 6 months, or both.
(B)
Whoever, whether or not acting under color of law, by force or threat of force, or by violence or threat of violence to any person or property, willfully intimidates or attempts to intimidate, any person or any class of persons seeking to vote or qualify to vote, or to qualify or act as a poll watcher or as any legally authorized election official, in any primary, special, or general election, or any person who is, or is employed by, an agent, contractor, or vendor of a legally authorized election official assisting in the administration of any primary, special, or general election, shall be fined not more than $2,500, or imprisoned not more than 6 months, or both.
(C)
If bodily injury results from an act committed in violation of this paragraph or if such act includes the use, attempted use, or threatened use of a dangerous weapon, an explosive, or fire, then, in lieu of the remedy described in subparagraph (A) or (B), the violator shall be fined not more than $5,000 or imprisoned not more than 1 year, or both.
(2)
(A)
Whoever, whether or not acting under color of law, willfully physically damages or threatens to physically damage any physical property being used as a polling place or tabulation center or other election infrastructure, with the intent to interfere with the administration of a primary, general, or special election or the tabulation or certification of votes for such an election, shall be fined not more than $2,500, or imprisoned not more than 6 months, or both.
(B)
If bodily injury results from an act committed in violation of this paragraph or if such act includes the use, attempted use, or threatened use of a dangerous weapon, an explosive, or fire, then, in lieu of the remedy described in subparagraph (A), the violator shall be fined not more than $5,000 or imprisoned not more than 1 year, or both.
(3)
For purposes of this subsection, de minimus damage or a threat of de minimus damage to physical property shall not be considered a violation of this subsection.
(4)
For purposes of this subsection, the term election infrastructure means any office of a legally authorized election official, or a staffer, worker, or volunteer, assisting such an election official 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.
(g)
No prosecution of any offense described in subsection (f) may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that—
(1)
the State does not have jurisdiction;
(2)
the State has requested that the Federal Government assume jurisdiction; or
(3)
a prosecution by the United States is in the public interest and necessary to secure substantial justice.”.