Native Voting Rights Act of 2014 - Amends the Voting Rights Act of 1965 to make an individual's unexpired tribal identification document issued by an Indian tribe or Native Corporation a valid form of identification in states and political subdivisions that require an individual to present a valid form of identification to vote or register to vote.
Authorizes the Attorney General (DOJ) to bring actions against such jurisdictions for declaratory judgement or injunctive relief if the Attorney General finds a disparity between in-person voting opportunities for Indians and in-person voting opportunities for non-Indians.
Prohibits states and political subdivisions, without obtaining court approval or the nonobjection of the Attorney General, from:
Authorizes the Attorney General to assign federal observers to elections on an Indian reservation if the applicable tribe: (1) requests such observers, and (2) provides the Attorney General with a written complaint that efforts to deny or abridge the right to vote may occur on such reservation. Terminates the assignment of such observers after the end of the next presidential election.
Provides that if the applicable language of a minority group is not oral or unwritten when voting materials or information become available, states and political subdivisions must provide that material or information in the language of the minority group and in English.
Requires federal election observer's reports to be made available to the public within six months after they are submitted to the Attorney General.
Directs the Attorney General, to the extent practicable, to consult annually with tribal organization regarding Indian voting issues.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2399 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2399
To safeguard the voting rights of Native American and Alaska Native
voters and to provide the resources and oversight necessary to ensure
equal access to the electoral process.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2014
Mr. Begich (for himself, Ms. Hirono, Mr. Tester, Mr. Walsh, Mr. Johnson
of South Dakota, and Ms. Heitkamp) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To safeguard the voting rights of Native American and Alaska Native
voters and to provide the resources and oversight necessary to ensure
equal access to the electoral process.
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 ``Native Voting Rights Act of 2014''.
SEC. 2. TRIBAL IDENTIFICATION; ACTIONS FOR A DISPARITY IN AVAILABILITY
OF POLLING PLACES.
Section 2 of the Voting Rights Act (42 U.S.C. 1973) is amended by
adding at the end the following:
``(c) If a State or political subdivision requires an individual to
present a valid form of identification for the purposes of voting,
including registering to vote, an individual's unexpired tribal
identification document issued by an Indian tribe (including a tribal
identification document issued by a Native Corporation, as defined in
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))
shall be treated as a valid form of identification for such purposes.
``(d)(1)(A) The Attorney General may institute in the name of the
United States actions, including actions against States or political
subdivisions, for declaratory judgment or injunctive relief if the
Attorney General finds, at the discretion of the Attorney General, a
disparity between in-person voting opportunities for members of an
Indian tribe as compared to in-person voting opportunities for
individuals who are not members of an Indian tribe.
``(B) Such injunctive relief shall include measures to reduce such
disparity by increasing the availability of polling places.
``(2) The district courts of the United States shall have
jurisdiction of such actions which shall be heard and determined by a
court of three judges in accordance with the provisions of section 2284
of title 28 of the United States Code and any appeal shall lie to the
Supreme Court. It shall be the duty of the judges designated to hear
the case to assign the case for hearing at the earliest practicable
date, to participate in the hearing and determination thereof, and to
cause the case to be in every way expedited. There shall be a
presumption that such disparity results in a denial or abridgement of
the right of any citizen of the United States to vote on account of
race or color, or in contravention of the guarantees set forth in
section 4(f)(2).
``(3) Notwithstanding paragraphs (1) and (2), an aggrieved person
may bring an action described in paragraph (1)(A). The provisions of
paragraph (2) shall apply to such action.''.
SEC. 3. PROTECTIONS RELATING TO POLLING PLACES ON INDIAN RESERVATIONS.
(a) Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is
amended by adding at the end the following:
``(g) Protections Relating to Indian Reservations.--
``(1) In general.--No State or political subdivision shall
carry out any of the following activities unless that State or
political subdivision obtains the approval of the court or the
nonobjection of the Attorney General under section 5(a):
``(A) Eliminating the only polling place or voter
registration site on an Indian reservation.
``(B) Moving or consolidating a polling place or
voter registration site 1 mile or further from the
existing location of the polling place or voter
registration site on an Indian reservation.
``(C) Moving or consolidating a polling place on an
Indian reservation across a river, lake, mountain, or
other natural boundary such that it makes travel
difficult for a voter, regardless of distance.
``(D) Eliminating in-person voting on an Indian
reservation by designating an Indian reservation as a
permanent absentee voting location, unless the entire
State is or becomes a permanent absentee voting State.
``(E) Removing an early voting location or
otherwise diminishing early voting opportunities on an
Indian reservation.
``(F) Decreasing the number of days or hours that
an in-person or early voting location is open on an
Indian reservation or changing the dates of in-person
or early voting on an Indian reservation.
``(2) Definition.--For purposes of this subsection, the
term `Indian reservation' shall have the meaning given such
term under section 203(b)(3).''.
(b) Section 5(a) of the Voting Rights Act of 1965 (42 U.S.C.
1973c(a)) is amended--
(1) in the first sentence, by inserting ``or whenever a
State or political subdivision shall enact or seek to
administer any of the activities described in subsection (g) of
section 4'' after ``November 1, 1972,''; and
(2) by striking ``or procedure'' and inserting ``procedure,
or activity'' each place the term appears.
SEC. 4. FEDERAL ELECTION OVERSIGHT ON INDIAN RESERVATIONS.
Section 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f) is
amended--
(1) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(2) in subsection (c), as redesignated by paragraph (1) of
this section, by striking ``subsection (c), such observers''
and inserting ``subsection (d), the observers described in this
section''; and
(3) by inserting after subsection (a) the following:
``(b) The Attorney General may authorize Federal observers for
elections that occur on an Indian reservation, as defined under section
203, if the Attorney General has received from a tribal organization--
``(1) a written complaint that efforts to deny or abridge
the right to vote under the color of law on account of race or
color, or in contravention of the guarantees set forth in
section 4(f)(2), may occur on an Indian reservation; and
``(2) a request for the authorization of Federal observers
for elections that occur on that Indian reservation.''.
SEC. 5. TERMINATION OF ELECTION OBSERVERS.
Section 13(a) of the Voting Rights Act of 1965 (42 U.S.C. 1973k(a))
is amended--
(1) in paragraph (1)--
(A) by striking ``section 8'' and inserting
``subsection (a) of section 8''; and
(B) by striking ``and'' after the semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) with respect to observers appointed pursuant to
subsection (b) of section 8, after the end of the next general
election for the office of President.''.
SEC. 6. DEFINITIONS.
Section 14(c) of the Voting Rights Act of 1965 (42 U.S.C. 1973l(c))
is amended by adding at the end the following:
``(4) The terms `Indian tribe' and `tribal organization' have the
meaning given such terms under section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(5) The term `member of an Indian tribe' means an individual who
is a member of an Indian tribe, as defined under section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)
and includes a member of a Native Corporation, as defined in section 3
of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).''.
SEC. 7. BILINGUAL ELECTION REQUIREMENTS; DEFINITION OF INDIAN
RESERVATION.
Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a)
is amended--
(1) in subsection (b)(3)(C), by striking ``1990'' and
inserting ``2010''; and
(2) in subsection (c), by striking ``or in the case of
Alaskan natives and American Indians, if the predominant
language is historically unwritten'' and inserting ``(as of the
date on which the materials or information is provided)''.
SEC. 8. ELECTION OBSERVER TRANSPARENCY.
The Attorney General shall make publicly available the reports of
Federal election observers appointed in accordance with section 8 of
the Voting Rights Act of 1965 (42 U.S.C. 1973f), not later than 6
months after the date that such reports are submitted to the Attorney
General.
SEC. 9. TRIBAL VOTING CONSULTATION.
The Attorney General shall, to the extent practicable, consult
annually with tribal organizations regarding issues relating to voting
for members of an Indian tribe.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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