Voting Rights Advancement Act of 2015
This bill amends the Voting Rights Act of 1965 to allow a representative official of an Indian tribe, with authorization from the governing body of the tribe, to request one or more polling places to be located on tribal lands. The state or political subdivision shall provide each requested polling place at no expense to the Indian tribe if certain criteria are met.
A federal court shall retain jurisdiction to enforce constitutional voting guarantees, but also certain violations of the Act as well as of any federal prohibition against discrimination on the basis of race, color, or membership in a language minority group, for an appropriate period to prevent commencement of new devices to deny or abridge the right to vote.
Requirements are revised for determining which states and political subdivisions are or are not covered by criteria for declaratory judgments that they have not used devices to deny or abridge the right to vote.
Any state (and all of its political subdivisions) shall be subject to such requirements for a 10-year period if:
Any specific political subdivision of a state shall also be subject to those requirements for a 10-year period if 3 or more violations occurred in it during the previous 25 calendar years.
A state or political subdivision that obtains a declaratory judgment that it has not used a device to deny or abridge the right to vote shall be exempt from such requirements unless new violations occur after the declaratory judgment was issued.
Each state and each political subdivision shall: (1) identify any newly enacted or adopted law, regulation, or policy that includes a voting qualification or prerequisite to voting, or a voting-related standard, practice, or procedure (covered practice); and (2) ensure that no such covered practice is implemented unless or until the state or political subdivision complies with certain preclearance requirements.
This bill prescribes transparency requirements, including reasonable public notice, regarding any changes to: (1) voting prerequisites, standards, or procedures; (2) polling place resources; or (3) demographics and electoral districts.
Department of Justice authority to assign observers receives new extensions, including authority to assign observers to enforce bilingual election requirements.
Courts shall grant preliminary injunctive relief if a complainant raises a serious question whether the challenged covered practice violates the Act or the Constitution and, on balance, the hardship imposed upon the defendant by the relief will be less than the hardship on the plaintiff if the relief were not granted.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2867 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2867
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 HOUSE OF REPRESENTATIVES
June 24, 2015
Ms. Sewell of Alabama (for herself, Ms. Judy Chu of California, Ms.
Linda T. Sanchez of California, Mr. Lewis, and Mr. Veasey) introduced
the following bill; which was 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.
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 ``Voting Rights Advancement Act of
2015''.
SEC. 2. VOTING ON INDIAN LANDS.
Section 2 of the Voting Rights Act of 1965 (42 U.S.C. 1973) is
amended by adding at the end the following:
``(c) Voting on Indian Lands.--
``(1) Tribal requests for polling places; polling place
provided.--
``(A) In general.--A representative official of an
Indian tribe, with authorization from the governing
body of the tribe, may request one or more polling
places to be located on the Indian lands of the Indian
tribe. Such request shall be delivered in writing to
the State or political subdivision with responsibility
for assigning polling places at least 6 months prior to
the next election for which the request is made, and
shall specify the location of each requested polling
place.
``(B) Polling places provided.--Each requested
polling place shall be provided by the State or
political subdivision in response to a request made
under paragraph (1), at no expense to the Indian tribe,
if the voting-age population within the geographic area
of the Indian lands relevant to the requested polling
place is at least equal to the smallest voting-age
population served by any other polling place in the
State. Each polling place that is provided under this
subparagraph shall continue to be provided after the
election for which the request was made, until such
time as the Indian tribe that requested that polling
place delivers a written request to the State or
political subdivision asking that such polling place be
withdrawn.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed to prevent a State or
political subdivision from providing additional polling
places on Indian lands if no request was made under
subparagraph (A), or if such request was made less than
6 months prior to the next election for which the
request was made.
``(2) Requirement to provide equitable polling locations.--
``(A) In general.--A State or political subdivision
shall provide the same ratio of poll workers and voting
devices, the same rate of pay to poll workers, and the
same days and hours of operation, for polling places
that are located on Indian lands as are provided in
other locations of polling places in the State or
political subdivision.
``(B) Eligibility to vote at a polling location.--A
polling place located on Indian lands shall be open to
voting by all persons who are otherwise eligible to
vote residing within the precinct, voting unit, or
electoral district.
``(C) Federal facilities.--Polling places located
on Indian lands may be designated at--
``(i) a Federal facility, such as Indian
Health Service or Bureau of Indian Affairs
service buildings;
``(ii) any tribal government facility that
meets the requirements of Federal and State law
applied to other polling locations within the
State;
``(iii) a tribally owned building; or
``(iv) another facility that meets the
requirements for polling places in the State.
``(3) Absentee ballots and early voting.--
``(A) In general.--A representative official of an
Indian tribe, with authorization from the governing
body of the Indian tribe, may deliver a request to the
appropriate State or political subdivision that a
location on Indian lands be designated as an absentee
ballot location or an early voting location, and such
State or political subdivision shall grant the request,
at no expense to the Indian tribe, if--
``(i) the requested location on Indian
lands is in a State that permits voting by an
absentee or mail-in ballot or early voting
(also called absentee in-person voting), as the
case may be; and
``(ii) the voting-age population within the
geographic area of Indian lands relevant to the
requested absentee ballot location or early
voting location is at least equal to the
smallest voting-age population served by any
other absentee ballot location or early voting
location in the State.
``(B) Indian lands as absentee ballot location.--If
a location on Indian lands is designated as an absentee
ballot location or an early voting location, absentee
ballots, or early ballots, as the case may be, shall be
provided, at no expense to the Indian tribe, to each
registered voter living in such designated location
without the requirement of an excuse for an absentee
ballot or early voting. Bilingual election materials
and oral language assistance shall be provided if
required by section 203.
``(4) Tribal requests for voter registration agencies.--A
representative official of an Indian tribe, with authorization
from the governing body of the tribe, may request that tribal
government service offices be designated as voter registration
agencies under section 7 of the National Voter Registration Act
of 1993 (52 U.S.C. 20506). Such a request shall be delivered in
writing to the State or political subdivision with
responsibility for assigning polling locations at least 6
months prior to the next election for which the request is
made. Such a request shall be granted if the tribal government
service office meets the requirements of Federal and State law
applied to other designated voter registration agencies within
the State.''.
SEC. 3. 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. 4. 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) 15 or more voting rights violations
occurred in the State during the previous 25
calendar years; or
``(ii) 10 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 3 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 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) Final judgment; violation of the 14th or 15th
amendment.--In a final judgment (which has not been
reversed on appeal), any court of the United States has
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, in violation of the 14th or 15th Amendment,
occurred anywhere within the State or subdivision.
``(B) Final judgment; violations of this act.--In a
final judgment (which has not been reversed on appeal),
any court of the United States has 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 or 203 of this
Act.
``(C) Final judgment; denial of declaratory
judgment.--In a final judgment (which has 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 the objection has not
been overturned by a final judgment of a court or
withdrawn by the Attorney General), 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.
``(E) Consent decree, settlement, or other
agreement.--A consent decree, settlement, or other
agreement was entered into, which resulted in the
alteration or abandonment of a voting practice anywhere
in the territory of such State 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 or 203 of this Act, or the 14th or 15th
Amendment.
``(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)) is amended
by striking ``race or color,'' and inserting ``race, color, or in
contravention of the guarantees of subsection (f)(2),''.
SEC. 5. 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 or 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) 2 or more racial groups or language
minority groups each represent 20 percent or
more of the political subdivision's voting-age
population; 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) 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) 2 or more racial groups or language
minority groups each represent 20 percent or
more of the political subdivision's voting-age
population; 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.
``(2) Changes to jurisdiction boundaries.--Any change or
series of changes within a year to the boundaries of a
jurisdiction that reduces by 3 or more percentage points the
proportion of the jurisdiction's voting-age population that is
comprised of members of a single racial group or language
minority group in a State or political subdivision where--
``(A) 2 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 election districts in a State or political
subdivision where any racial group or language minority group
experiences a population increase, over the preceding decade
(as calculated by the Bureau of the Census under the most
recent decennial census), of at least--
``(A) 10,000; or
``(B) 20 percent of voting-age population of the
State or political subdivision, as the case may be.
``(4) Changes in documentation or qualifications to vote.--
Any change to requirements for documentation or proof of
identity to vote such that the requirements will exceed or be
more stringent than the requirements for voting that are
described in section 303(b) of the Help America Vote Act of
2002 (52 U.S.C. 21083(b)) or any change to the requirements for
documentation or proof of identity to register to vote that
will exceed or be more stringent than such requirements under
State law on the day before the date of enactment of the Voting
Rights Advancement Act of 2015.
``(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.--Any change that reduces, consolidates, or relocates
voting locations, including early, absentee, and election-day
voting locations--
``(A) in 1 or more census tracts wherein 2 or more
language minority groups or racial groups each
represent 20 percent or more of the voting-age
population of the political subdivision; or
``(B) on Indian lands wherein at least 20 percent
of the voting-age population belongs to a single
language minority group.
``(c) Preclearance.--
``(1) In general.--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.
Notwithstanding the previous sentence, 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. 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
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
section. Any action under this section 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) of this subsection.
``(3) Purpose defined.--The term `purpose' in paragraphs
(1) and (2) of this subsection shall include any discriminatory
purpose.
``(4) Purpose of paragraph (2).--The purpose of paragraph
(2) of this subsection 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 Federal district court to compel any State or
political subdivision to satisfy the obligations set forth in this
section. Such actions shall be heard and determined by a court of 3
judges under section 2284 of title 28, United States Code. In any such
action, the court shall provide as a remedy that 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 promulgated in the Federal Register on
February 9, 2011 (76 Fed. Reg. 7470).
``(f) Special Rule.--For purposes of determinations under this
section, any data provided by the Bureau of the Census, whether based
on estimation from 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. 6. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT.
(a) Transparency.--
(1) In general.--The Voting Rights Act of 1965 (52 U.S.C.
10301 et seq.) is amended by inserting after section 5 the
following new section:
``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 prerequisite to voting or
standard, practice, or procedure with respect to voting in any
election for Federal office that will result in the
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 Internet, of a
concise description of the change, including the difference
between the changed prerequisite, standard, practice, or
procedure and the 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 Internet, shall be in a format that is
reasonably convenient and accessible to voters with
disabilities, including voters 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 Internet, 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 Internet, shall be in a format that is reasonably
convenient and accessible to voters with disabilities including
voters 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
voters with disabilities, including voters 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 Internet, 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 in such State or political
subdivision and on the Internet shall be in a format that is
reasonably convenient and accessible to voters with
disabilities including voters 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 Internet, 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) If it is reasonably available to the State or
political subdivision involved, an estimate of the
population of the area which consists of citizens of
the United States who are 18 years of age or older,
broken down by demographic group.
``(C) The number of registered voters, broken down
by demographic group if such breakdown is reasonably
available to the State or political subdivision
involved.
``(D)(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) 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 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)).
``(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 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 (42 U.S.C. 12102).''.
(2) Conforming amendment.--Section 3(a) of such Act (52
U.S.C. 10302(a)) is amended by striking ``in accordance with
section 6''.
(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. 7. 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;''.
(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); and
(2) by adding 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; or
``(4) the Attorney General certifies that the Attorney
General has received from the appropriate official of the
governing body of a federally recognized Indian tribe--
``(A) 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) are likely to
occur; and
``(B) a written request for the authorization of
Federal observers for elections that occur on Indian
lands;''.
SEC. 8. PRELIMINARY INJUNCTIVE RELIEF.
(a) Clarification of Scope and Persons Authorized To Seek Relief.--
Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)) is
amended--
(1) by striking ``section 2, 3, 4, 5, 7, 10, 11, or
subsection (b) of this section'' and inserting ``the 14th or
15th Amendment, this Act, or any Federal voting rights law that
prohibits discrimination on the basis of race, color, or
membership in a language minority group''; and
(2) by striking ``the Attorney General may institute for
the United States, or in the name of the United States,'' and
inserting ``the aggrieved person or (in the name of the United
States) the Attorney General may institute''.
(b) Grounds for Granting Relief.--Section 12(d) of such Act (52
U.S.C. 10308(d)) is amended--
(1) by striking ``(d) Whenever any person'' and inserting
``(d)(1) Whenever any person'';
(2) by striking ``(1) to permit'' and inserting ``(A) to
permit'';
(3) by striking ``(2) to count'' and inserting ``(B) to
count''; and
(4) by adding at the end the following new paragraph:
``(2)(A) In any action for preliminary relief described in this
subsection, the court shall grant the relief if the court determines
that the complainant has raised a serious question whether the
challenged voting qualification or prerequisite to voting or standard,
practice, or procedure violates this Act or the Constitution and, on
balance, the hardship imposed upon the defendant by the grant of the
relief will be less than the hardship which would be imposed upon the
plaintiff if the relief were not granted. In balancing the harms, the
court shall give due weight to the fundamental right to cast an
effective ballot.
``(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;
``(II) a violation of this Act; or
``(III) 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;
``(II) a violation of this Act; or
``(III) 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 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.''.
SEC. 9. 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 lands.--The term `Indian lands' means--
``(A) any Indian country of the Indian tribe, as
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 (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 the
Indian tribe (as defined in section 3 of that Act (43
U.S.C. 1602));
``(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.
``(2) Indian tribe.--The term `Indian tribe' or `tribe'
means any American Indian or Alaska Native tribe, band, nation,
pueblo, village, or community that the Secretary of the
Interior acknowledges to exist as a federally recognized Indian
tribe under the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 479a et seq.).
``(3) 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. 10. BILINGUAL ELECTION REQUIREMENTS.
Section 203(c) of the Voting Rights Act of 1965 (52 U.S.C.
10503(c)) is amended 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. 11. 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, 2015; 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, 2015.''.
SEC. 12. TRIBAL VOTING CONSULTATION.
The Attorney General shall consult annually with tribal
organizations regarding issues related to voting for members of an
Indian tribe (as defined under section 21 of the Voting Rights Act of
1965, as added by section 9 of this Act).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution and Civil Justice.
Motion to Discharge Committee filed by Mr. Aguilar. Petition No: 114-4. (<a href="http://clerk.house.gov/114/lrc/pd/petitions/DisPet0004.xml ">Discharge petition</a> text with signatures.)
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