[Congressional Record Volume 170, Number 37 (Thursday, February 29, 2024)]
[Senate]
[Pages S1079-S1087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By 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. Lujan, Mr. Hickenlooper, Mr.
Padilla, Mr. Ossoff, Mr. Welch, and Mr. Fetterman):
S. 4. A bill to amend the Voting Rights Act of 1965 to revise the
criteria for determining which States and political subdivisions are
subject to section 4 of the Act, and for other purposes; to the
Committee on the Judiciary.
Mr. SCHUMER. Madam President, on voting rights, later today, I will
join several of my Democratic colleagues at a press conference to mark
the reintroduction of the John R. Lewis Voting Rights Advancement Act.
John Lewis once said:
Democracy is not a state. It is an act, and each generation
must do its part to help build what we called the Beloved
Community.
That is what John Lewis said.
With this legislation, we are not only honoring John Lewis and his
lifetime fight for voting rights, we are also committed to doing our
part to expand access to the ballot box and end voter discrimination,
which has plagued this Republic since its founding.
I will have more to say later, but recent history makes it absolutely
clear that we need these protections on the books. MAGA Republicans
across the country are continuing their dangerous crusade--self-
serving--to restrict access to the ballot box, particularly when it
comes to people of color ahead of the November election.
So Democrats will continue to heed the words of our late colleague,
John Lewis, and we will work tirelessly to safeguard the right to vote
and our democracy, advancing the John Lewis Voting Rights Advancement
Act and the Freedom to Vote Act.
We can--and must--build a more responsive democracy, a more perfect
Union.
S. 4
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John R. Lewis Voting Rights
Advancement Act of 2024''.
TITLE I--AMENDMENTS TO THE VOTING RIGHTS ACT
SEC. 101. VOTE DILUTION, DENIAL, AND ABRIDGMENT CLAIMS.
(a) In General.--Section 2(a) of the Voting Rights Act of
1965 (52 U.S.C. 10301(a)) is amended--
(1) by inserting after ``applied by any State or political
subdivision'' the following: ``for the purpose of, or''; and
(2) by striking ``as provided in subsection (b)'' and
inserting ``as provided in subsection (b), (c), (d), or
(e)''.
(b) Vote Dilution.--Section 2 of such Act (52 U.S.C.
10301), as amended by subsection (a), is further amended by
striking subsection (b) and inserting the following:
``(b) A violation of subsection (a) for vote dilution is
established if, based on the totality of circumstances, it is
shown that the political processes leading to nomination or
election in the State or political subdivision are not
equally open to participation by members of a class of
citizens protected by subsection (a) in that its members have
less opportunity than other members of the electorate to
participate in the political process and to elect
representatives of their choice. The extent to which members
of a protected class have been elected to office in the State
or political subdivision is one circumstance which may be
considered: Provided, That nothing in this section
establishes a right to have members of a protected class
elected in numbers equal to their proportion in the
population. The legal standard articulated in Thornburg v.
Gingles, 478 U.S. 30 (1986), governs claims under this
subsection. For purposes of this subsection a class of
citizens protected by subsection (a) may include a cohesive
coalition of members of different racial or language minority
groups.''.
(c) Vote Denial or Abridgement.--Section 2 of such Act (52
U.S.C. 10301), as amended by subsections (a) and (b), is
further amended by adding at the end the following:
``(c)(1) A violation of subsection (a) for vote denial or
abridgment is established if the challenged standard,
practice, or procedure imposes a discriminatory burden on
members of a class of citizens protected by subsection (a),
meaning that--
``(A) members of the protected class face greater
difficulty in complying with the standard, practice, or
procedure, considering the totality of the circumstances; and
``(B) such greater difficulty is, at least in part, caused
by or linked to social and historical conditions that have
produced or currently produce discrimination against members
of the protected class.
``(2) The challenged standard, practice, or procedure need
only be a but-for cause of the discriminatory burden or
perpetuate a pre-existing discriminatory burden.
``(3)(A) The totality of the circumstances for
consideration relative to a violation of subsection (a) for
vote denial or abridgment shall include the following
factors, which, individually and collectively, show how a
voting standard, practice, or procedure can function to
amplify the effects of past or present racial discrimination:
``(i) The history of official voting-related discrimination
in the State or political subdivision.
``(ii) The extent to which voting in the elections of the
State or political subdivision is racially polarized.
``(iii) The extent to which the State or political
subdivision has used unduly burdensome photographic voter
identification requirements, documentary proof of citizenship
requirements, documentary proof of residence requirements, or
other voting standards, practices, or procedures beyond those
required by Federal law that may impair the ability of
members of the protected class to participate fully in the
political process.
``(iv) The extent to which members of the protected class
bear the effects of discrimination in areas such as
education, employment, and health, which hinder the ability
of those members to participate effectively in the political
process.
``(v) The use of overt or subtle racial appeals either in
political campaigns or surrounding the adoption or
maintenance of the challenged standard, practice, or
procedure.
``(vi) The extent to which members of the protected class
have been elected to public office in the jurisdiction,
except that the fact that the protected class is too small to
elect candidates of its choice shall not defeat a claim of
vote denial or abridgment under this section.
``(vii) Whether there is a lack of responsiveness on the
part of elected officials to the particularized needs of
members of the protected class.
``(viii) Whether the policy underlying the State or
political subdivision's use of the challenged qualification,
prerequisite, standard, practice, or procedure has a tenuous
connection to that qualification, prerequisite, standard,
practice, or procedure.
``(B) A particular combination or number of factors under
subparagraph (A) shall not be required to establish a
violation of subsection (a) for vote denial or abridgment.
``(C) The totality of the circumstances for consideration
relative to a violation of subsection (a) for vote denial or
abridgment shall not include the following factors:
``(i) The total number or share of members of a protected
class on whom a challenged standard, practice, or procedure
does not impose a material burden.
``(ii) The degree to which the challenged standard,
practice, or procedure has a long pedigree or was in
widespread use at some earlier date.
``(iii) The use of an identical or similar standard,
practice, or procedure in other States or political
subdivisions.
``(iv) The availability of other forms of voting unimpacted
by the challenged standard, practice, or procedure to all
members of the electorate, including members of the protected
class, unless the State or political subdivision is
simultaneously expanding those other standards, practices, or
procedures to eliminate any disproportionate burden imposed
by the challenged standard, practice, or procedure.
``(v) A prophylactic impact on potential criminal activity
by individual voters, if such crimes have not occurred in the
State or political subdivision in substantial numbers.
``(vi) Mere invocation of interests in voter confidence or
prevention of fraud.''.
(d) Intended Vote Dilution or Vote Denial or Abridgment.--
Section 2 of such Act (52 U.S.C. 10301), as amended by
subsections (a), (b), and (c) is further amended by adding at
the end the following:
[[Page S1080]]
``(d)(1) A violation of subsection (a) is also established
if a challenged qualification, prerequisite, standard,
practice, or procedure is intended, at least in part, to
dilute the voting strength of a protected class or to deny or
abridge the right of any citizen of the United States to vote
on account of race, color, or in contravention of the
guarantees set forth in section 4(f)(2).
``(2) Discrimination on account of race or color, or in
contravention of the guarantees set forth in section 4(f)(2),
need only be one purpose of a qualification, prerequisite,
standard, practice, or procedure in order to establish a
violation of subsection (a), as described in this subsection.
A qualification, prerequisite, standard, practice, or
procedure intended to dilute the voting strength of a
protected class or to make it more difficult for members of a
protected class to cast a ballot that will be counted
constitutes a violation of subsection (a), as described in
this subsection, even if an additional purpose of the
qualification, prerequisite, standard, practice, or procedure
is to benefit a particular political party or group.
``(3) Recent context, including actions by official
decisionmakers in prior years or in other contexts preceding
the decision responsible for the challenged qualification,
prerequisite, standard, practice, or procedure, and including
actions by predecessor government actors or individual
members of a decisionmaking body, may be relevant to making a
determination about a violation of subsection (a), as
described under this subsection.
``(4) A claim that a violation of subsection (a) has
occurred, as described under this subsection, shall require
proof of a discriminatory impact but shall not require proof
of violation of subsection (b) or (c).''.
SEC. 102. RETROGRESSION.
Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301
et seq.), as amended by section 101 of this Act, is further
amended by adding at the end the following:
``(e) A violation of subsection (a) is established when a
State or political subdivision enacts or seeks to administer
any qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting in any election
that has the purpose of or will have the effect of
diminishing the ability of any citizens of the United States
on account of race or color, or in contravention of the
guarantees set forth in section 4(f)(2), to participate in
the electoral process or elect their preferred candidates of
choice. This subsection applies to any action taken on or
after January 1, 2021, by a State or political subdivision to
enact or seek to administer any such qualification or
prerequisite to voting or standard, practice or procedure.
``(f) Notwithstanding the provisions of subsection (e),
final decisions of the United States District Court of the
District of Columbia on applications or petitions by States
or political subdivisions for preclearance under section 5 of
any changes in voting prerequisites, standards, practices, or
procedures, supersede the provisions of subsection (e).''.
SEC. 103. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO RETAIN
JURISDICTION.
(a) Types of Violations.--Section 3(c) of the Voting Rights
Act of 1965 (52 U.S.C. 10302(c)) is amended by striking
``violations of the fourteenth or fifteenth amendment'' and
inserting ``violations of the 14th or 15th Amendment,
violations of this Act, or violations of any Federal law that
prohibits discrimination in voting on the basis of race,
color, or membership in a language minority group,''.
(b) Conforming Amendment.--Section 3(a) of such Act (52
U.S.C. 10302(a)) is amended by striking ``violations of the
fourteenth or fifteenth amendment'' and inserting
``violations of the 14th or 15th Amendment, violations of
this Act, or violations of any Federal law that prohibits
discrimination in voting on the basis of race, color, or
membership in a language minority group,''.
SEC. 104. CRITERIA FOR COVERAGE OF STATES AND POLITICAL
SUBDIVISIONS.
(a) Determination of States and Political Subdivisions
Subject to Section 4(a).--
(1) In general.--Section 4(b) of the Voting Rights Act of
1965 (52 U.S.C. 10303(b)) is amended to read as follows:
``(b) Determination of States and Political Subdivisions
Subject to Requirements.--
``(1) Existence of voting rights violations during previous
25 years.--
``(A) Statewide application.--Subsection (a) applies with
respect to a State and all political subdivisions within the
State during a calendar year if--
``(i) fifteen or more voting rights violations occurred in
the State during the previous 25 calendar years; or
``(ii) ten or more voting rights violations occurred in the
State during the previous 25 calendar years, at least one of
which was committed by the State itself (as opposed to a
political subdivision within the State).
``(B) Application to specific political subdivisions.--
Subsection (a) applies with respect to a political
subdivision as a separate unit during a calendar year if
three or more voting rights violations occurred in the
subdivision during the previous 25 calendar years.
``(2) Period of application.--
``(A) In general.--Except as provided in subparagraph (B),
if, pursuant to paragraph (1), subsection (a) applies with
respect to a State or political subdivision during a calendar
year, subsection (a) shall apply with respect to such State
or political subdivision for the period--
``(i) that begins on January 1 of the year in which
subsection (a) applies; and
``(ii) that ends on the date which is 10 years after the
date described in clause (i).
``(B) No further application after declaratory judgment.--
``(i) States.--If a State obtains a declaratory judgment
under subsection (a), and the judgment remains in effect,
subsection (a) shall no longer apply to such State and all
political subdivisions in the State pursuant to paragraph
(1)(A) unless, after the issuance of the declaratory
judgment, paragraph (1)(A) applies to the State solely on the
basis of voting rights violations occurring after the
issuance of the declaratory judgment.
``(ii) Political subdivisions.--If a political subdivision
obtains a declaratory judgment under subsection (a), and the
judgment remains in effect, subsection (a) shall no longer
apply to such political subdivision pursuant to paragraph
(1), including pursuant to paragraph (1)(A) (relating to the
statewide application of subsection (a)), unless, after the
issuance of the declaratory judgment, paragraph (1)(B)
applies to the political subdivision solely on the basis of
voting rights violations occurring after the issuance of the
declaratory judgment.
``(3) Determination of voting rights violation.--For
purposes of paragraph (1), a voting rights violation occurred
in a State or political subdivision if any of the following
applies:
``(A) Judicial relief; violation of the 14th or 15th
amendment.--Any final judgment (that was not reversed on
appeal) occurred, in which the plaintiff prevailed and in
which any court of the United States determined that a denial
or abridgement of the right of any citizen of the United
States to vote on account of race, color, or membership in a
language minority group occurred, or that a voting
qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting created an
undue burden on the right to vote in connection with a claim
that the law unduly burdened voters of a particular race,
color, or language minority group, in violation of the 14th
or 15th Amendment to the Constitution of the United States,
anywhere within the State or subdivision.
``(B) Judicial relief; violations of this act.--Any final
judgment (that was not reversed on appeal) occurred in which
the plaintiff prevailed and in which any court of the United
States determined that a voting qualification or prerequisite
to voting or standard, practice, or procedure with respect to
voting was imposed or applied or would have been imposed or
applied anywhere within the State or subdivision in a manner
that resulted or would have resulted in a denial or
abridgement of the right of any citizen of the United States
to vote on account of race, color, or membership in a
language minority group, in violation of subsection (e) or
(f) or section 2, 201, or 203.
``(C) Final judgment; denial of declaratory judgment.--In a
final judgment (that was not been reversed on appeal), any
court of the United States has denied the request of the
State or subdivision for a declaratory judgment under section
3(c) or section 5, and thereby prevented a voting
qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting from being
enforced anywhere within the State or subdivision.
``(D) Objection by the attorney general.--The Attorney
General has interposed an objection under section 3(c) or
section 5, and thereby prevented a voting qualification or
prerequisite to voting or standard, practice, or procedure
with respect to voting from being enforced anywhere within
the State or subdivision. A violation under this subparagraph
has not occurred where an objection has been withdrawn by the
Attorney General, unless the withdrawal was in response to a
change in the law or practice that served as the basis of the
objection. A violation under this subparagraph has not
occurred where the objection is based solely on a State or
political subdivision's failure to comply with a procedural
process that would not otherwise count as an independent
violation of this Act.
``(E) Consent decree, settlement, or other agreement.--
``(i) Agreement.--A consent decree, settlement, or other
agreement was adopted or entered by a court of the United
States that contains an admission of liability by the
defendants, which resulted in the alteration or abandonment
of a voting practice anywhere in the territory of such State
or subdivision that was challenged on the ground that the
practice denied or abridged the right of any citizen of the
United States to vote on account of race, color, or
membership in a language minority group in violation of
subsection (e) or (f) or section 2, 201, or 203, or the 14th
or 15th Amendment.
``(ii) Independent violations.--A voluntary extension or
continuation of a consent decree, settlement, or agreement
described in clause (i) shall not count as an independent
violation under this subparagraph. Any other extension or
modification of such a consent decree, settlement, or
agreement, if the consent decree, settlement, or agreement
has been in place for ten years or longer, shall count as an
independent violation under this subparagraph. If a court of
the United States finds that a consent decree, settlement, or
agreement described in clause (i) itself denied or abridged
the right of any citizen of the United States to vote on
[[Page S1081]]
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.''.
SEC. 105. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS
SUBJECT TO PRECLEARANCE FOR COVERED PRACTICES.
The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is
further amended by inserting after section 4 the following:
``SEC. 4A. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS
SUBJECT TO PRECLEARANCE FOR COVERED PRACTICES.
``(a) Practice-Based Preclearance.--
``(1) In general.--Each State and each political
subdivision shall--
``(A) identify any newly enacted or adopted law,
regulation, or policy that includes a voting qualification or
prerequisite to voting, or a standard, practice, or procedure
with respect to voting, that is a covered practice described
in subsection (b); and
``(B) ensure that no such covered practice is implemented
unless or until the State or political subdivision, as the
case may be, complies with subsection (c).
``(2) Determinations of characteristics of voting-age
population.--
``(A) In general.--As early as practicable during each
calendar year, the Attorney General, in consultation with the
Director of the Bureau of the Census and the heads of other
relevant offices of the government, shall make the
determinations required by this section regarding voting-age
populations and the characteristics of such populations, and
shall publish a list of the States and political subdivisions
to which a voting-age population characteristic described in
subsection (b) applies.
``(B) Publication in the federal register.--A determination
(including a certification) of the Attorney General under
this paragraph shall be effective upon publication in the
Federal Register.
``(b) Covered Practices.--To assure that the right of
citizens of the United States to vote is not denied or
abridged on account of race, color, or membership in a
language minority group as a result of the implementation of
certain qualifications or prerequisites to voting, or
standards, practices, or procedures with respect to voting,
newly adopted in a State or political subdivision, the
following shall be covered practices subject to the
requirements described in subsection (a):
``(1) Changes to method of election.--Any change to the
method of election--
``(A) to add seats elected at-large in a State or political
subdivision where--
``(i) two or more racial groups or language minority groups
each represent 20 percent or more of the voting-age
population in the State or political subdivision,
respectively; or
``(ii) a single language minority group represents 20
percent or more of the voting-age population on Indian lands
located in whole or in part in the State or political
subdivision; or
``(B) to convert one or more seats elected from a single-
member district to one or more at-large seats or seats from a
multi-member district in a State or political subdivision
where--
``(i) two or more racial groups or language minority groups
each represent 20 percent or more of the voting-age
population in the State or political subdivision,
respectively; or
``(ii) a single language minority group represents 20
percent or more of the voting-age population on Indian lands
located in whole or in part in the State or political
subdivision.
``(2) Changes to political subdivision boundaries.--Any
change or series of changes within a year to the boundaries
of a political subdivision that reduces by 3 or more
percentage points the percentage of the political
subdivision's voting-age population that is comprised of
members of a single racial group or language minority group
in the political subdivision where--
``(A) two or more racial groups or language minority groups
each represent 20 percent or more of the political
subdivision's voting-age population; or
``(B) a single language minority group represents 20
percent or more of the voting-age population on Indian lands
located in whole or in part in the political subdivision.
``(3) Changes through redistricting.--Any change to the
boundaries of districts for Federal, State, or local
elections in a State or political subdivision where any
racial group or language minority group that is not the
largest racial group or language minority group in the
jurisdiction and that represents 15 percent or more of the
State or political subdivision's voting-age population
experiences a population increase of at least 20 percent of
its voting-age population, over the preceding decade (as
calculated by the Bureau of the Census under the most recent
decennial census), in the jurisdiction.
``(4) Changes in documentation or qualifications to vote.--
Any change to requirements for documentation or proof of
identity to vote or register to vote in elections for
Federal, State, or local offices that will exceed or be more
stringent than such requirements under State law on the day
before the date of enactment of the John R. Lewis Voting
Rights Advancement Act of 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
[[Page S1082]]
office, including early, absentee, and election-day voting
locations, or reduces days or hours of in-person voting on
any Sunday during a period occurring prior to the date of an
election for Federal, State, or local office during which
voters may cast ballots in such election, or prohibits the
provision of food or non-alcoholic drink to persons waiting
to vote in an election for Federal, State, or local office,
except where the provision would violate prohibitions on
expenditures to influence voting, if the location change,
reduction in days or hours, or prohibition applies--
``(A) in one or more census tracts in which two or more
language minority groups or racial groups each represent 20
percent or more of the voting-age population; or
``(B) on Indian lands in which at least 20 percent of the
voting-age population belongs to a single language minority
group.
``(7) New list maintenance process.--Any change to the
maintenance process for voter registration lists that adds a
new basis for removal from the list of active voters
registered to vote in elections for Federal, State, or local
office, or that incorporates new sources of information in
determining a voter's eligibility to vote in elections for
Federal, State, or local office, if such a change would have
a statistically significant disparate impact, concerning the
removal from voter rolls, on members of racial groups or
language minority groups that constitute greater than 5
percent of the voting-age population--
``(A) in the case of a political subdivision imposing such
change if--
``(i) two or more racial groups or language minority groups
each represent 20 percent or more of the voting-age
population of the political subdivision; or
``(ii) a single language minority group represents 20
percent or more of the voting-age population on Indian lands
located in whole or in part in the political subdivision; or
``(B) in the case of a State imposing such change, if two
or more racial groups or language minority groups each
represent 20 percent or more of the voting-age population
of--
``(i) the State; or
``(ii) a political subdivision in the State, except that
the requirements under subsections (a) and (c) shall apply
only with respect to each such political subdivision
individually.
``(c) Preclearance.--
``(1) In general.--
``(A) Action .--Whenever a State or political subdivision
with respect to which the requirements set forth in
subsection (a) are in effect shall enact, adopt, or seek to
implement any covered practice described under subsection
(b), such State or subdivision may institute an action in the
United States District Court for the District of Columbia for
a declaratory judgment that such covered practice neither has
the purpose nor will have the effect of denying or abridging
the right to vote on account of race, color, or membership in
a language minority group, and unless and until the court
enters such judgment such covered practice shall not be
implemented.
``(B) Submission to attorney general.--
``(i) In general.--Notwithstanding subparagraph (A), such
covered practice may be implemented without such proceeding
if the covered practice has been submitted by the chief legal
officer or other appropriate official of such State or
subdivision to the Attorney General and the Attorney General
has not interposed an objection within 60 days after such
submission, or upon good cause shown, to facilitate an
expedited approval within 60 days after such submission, the
Attorney General has affirmatively indicated that such
objection will not be made. For purposes of determining
whether expedited consideration of approval is required under
this subparagraph or section 5(a), an exigency such as a
natural disaster, that requires a change in a voting
qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting during the
period of 30 days before a Federal election, shall be
considered to be good cause requiring that expedited
consideration.
``(ii) Effect of indication.--Neither an affirmative
indication by the Attorney General that no objection will be
made, nor the Attorney General's failure to object, nor a
declaratory judgment entered under this subsection shall bar
a subsequent action to enjoin implementation of such covered
practice. In the event the Attorney General affirmatively
indicates that no objection will be made within the 60-day
period following receipt of a submission, the Attorney
General may reserve the right to reexamine the submission if
additional information comes to the Attorney General's
attention during the remainder of the 60-day period which
would otherwise require objection in accordance with this
subsection.
``(C) Court.--Any action under this subsection shall be
heard and determined by a court of three judges in accordance
with the provisions of section 2284 of title 28, United
States Code, and any appeal shall lie to the Supreme Court.
``(2) Denying or abridging the right to vote.--Any covered
practice described in subsection (b) that has the purpose of
or will have the effect of diminishing the ability of any
citizens of the United States on account of race, color, or
membership in a language minority group, to elect their
preferred candidates of choice denies or abridges the right
to vote within the meaning of paragraph (1).
``(3) Purpose defined.--The term `purpose' in paragraphs
(1) and (2) shall include any discriminatory purpose.
``(4) Purpose of paragraph (2).--The purpose of paragraph
(2) is to protect the ability of such citizens to elect their
preferred candidates of choice.
``(d) Enforcement.--The Attorney General or any aggrieved
citizen may file an action in a district court of the United
States to compel any State or political subdivision to
satisfy the obligations set forth in this section. Such an
action shall be heard and determined by a court of three
judges under section 2284 of title 28, United States Code. In
any such action, the court shall provide as a remedy that
implementation of any voting qualification or prerequisite to
voting, or standard, practice, or procedure with respect to
voting, that is the subject of the action under this
subsection be enjoined unless the court determines that--
``(1) the voting qualification or prerequisite to voting,
or standard, practice, or procedure with respect to voting,
is not a covered practice described in subsection (b); or
``(2) the State or political subdivision has complied with
subsection (c) with respect to the covered practice at issue.
``(e) Counting of Racial Groups and Language Minority
Groups.--For purposes of this section, the calculation of the
population of a racial group or a language minority group
shall be carried out using the methodology in the guidance of
the Department of Justice entitled `Guidance Concerning
Redistricting Under Section 5 of the Voting Rights Act;
Notice' (76 Fed. Reg. 7470 (February 9, 2011)).
``(f) Special Rule.--For purposes of determinations under
this section, any data provided by the Bureau of the Census,
whether based on estimation from a sample or actual
enumeration, shall not be subject to challenge or review in
any court.
``(g) Multilingual Voting Materials.--In this section, the
term `multilingual voting materials' means registration or
voting notices, forms, instructions, assistance, or other
materials or information relating to the electoral process,
including ballots, provided in the language or languages of
one or more language minority groups.''.
SEC. 106. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS
ACT.
(a) Transparency.--The Voting Rights Act of 1965 (52 U.S.C.
10301 et seq.) is amended by inserting after section 5 the
following:
``SEC. 6. TRANSPARENCY REGARDING CHANGES TO PROTECT VOTING
RIGHTS.
``(a) Notice of Enacted Changes.--
``(1) Notice of changes.--If a State or political
subdivision makes any change in any qualification or
prerequisite to voting or standard, practice, or procedure
with respect to voting in any election for Federal office
that will result in the qualification or prerequisite,
standard, practice, or procedure being different from that
which was in effect as of 180 days before the date of the
election for Federal office, the State or political
subdivision shall provide reasonable public notice in such
State or political subdivision and on the website of the
State or political subdivision, of a concise description of
the change, including the difference between the changed
qualification or prerequisite, standard, practice, or
procedure and the qualification, prerequisite, standard,
practice, or procedure which was previously in effect. The
public notice described in this paragraph, in such State or
political subdivision and on the website of a State or
political subdivision, shall be in a format that is
reasonably convenient and accessible to persons with
disabilities who are eligible to vote, including persons who
have low vision or are blind.
``(2) Deadline for notice.--A State or political
subdivision shall provide the public notice required under
paragraph (1) not later than 48 hours after making the change
involved.
``(b) Transparency Regarding Polling Place Resources.--
``(1) In general.--In order to identify any changes that
may impact the right to vote of any person, prior to the 30th
day before the date of an election for Federal office, each
State or political subdivision with responsibility for
allocating registered voters, voting machines, and official
poll workers to particular precincts and polling places shall
provide reasonable public notice in such State or political
subdivision and on the website of a State or political
subdivision, of the information described in paragraph (2)
for precincts and polling places within such State or
political subdivision. The public notice described in this
paragraph, in such State or political subdivision and on the
website of a State or political subdivision, shall be in a
format that is reasonably convenient and accessible to
persons with disabilities who are eligible to vote, including
persons who have low vision or are blind.
``(2) Information described.--The information described in
this paragraph with respect to a precinct or polling place is
each of the following:
``(A) The name or number.
``(B) In the case of a polling place, the location,
including the street address, and whether such polling place
is accessible to persons with disabilities.
``(C) The voting-age population of the area served by the
precinct or polling place, broken down by demographic group
if such breakdown is reasonably available to such State or
political subdivision.
[[Page S1083]]
``(D) The number of registered voters assigned to the
precinct or polling place, broken down by demographic group
if such breakdown is reasonably available to such State or
political subdivision.
``(E) The number of voting machines assigned, including the
number of voting machines accessible to persons with
disabilities who are eligible to vote, including persons who
have low vision or are blind.
``(F) The number of official paid poll workers assigned.
``(G) The number of official volunteer poll workers
assigned.
``(H) In the case of a polling place, the dates and hours
of operation.
``(3) Updates in information reported.--If a State or
political subdivision makes any change in any of the
information described in paragraph (2), the State or
political subdivision shall provide reasonable public notice
in such State or political subdivision and on the website of
a State or political subdivision, of the change in the
information not later than 48 hours after the change occurs
or, if the change occurs fewer than 48 hours before the date
of the election for Federal office, as soon as practicable
after the change occurs. The public notice described in this
paragraph and published on the website of a State or
political subdivision shall be in a format that is reasonably
convenient and accessible to persons with disabilities who
are eligible to vote, including persons who have low vision
or are blind.
``(c) Transparency of Changes Relating to Demographics and
Electoral Districts.--
``(1) Requiring public notice of changes.--Not later than
10 days after making any change in the constituency that will
participate in an election for Federal, State, or local
office or the boundaries of a voting unit or electoral
district in an election for Federal, State, or local office
(including through redistricting, reapportionment, changing
from at-large elections to district-based elections, or
changing from district-based elections to at-large
elections), a State or political subdivision shall provide
reasonable public notice in such State or political
subdivision and on the website of a State or political
subdivision, of the demographic and electoral data described
in paragraph (3) for each of the geographic areas described
in paragraph (2).
``(2) Geographic areas described.--The geographic areas
described in this paragraph are as follows:
``(A) The State as a whole, if the change applies
statewide, or the political subdivision as a whole, if the
change applies across the entire political subdivision.
``(B) If the change includes a plan to replace or eliminate
voting units or electoral districts, each voting unit or
electoral district that will be replaced or eliminated.
``(C) If the change includes a plan to establish new voting
units or electoral districts, each such new voting unit or
electoral district.
``(3) Demographic and electoral data.--The demographic and
electoral data described in this paragraph with respect to a
geographic area described in paragraph (2) are each of the
following:
``(A) The voting-age population, broken down by demographic
group.
``(B) The number of registered voters, broken down by
demographic group if such breakdown is reasonably available
to the State or political subdivision involved.
``(C)(i) If the change applies to a State, the actual
number of votes, or (if it is not reasonably practicable for
the State to ascertain the actual number of votes) the
estimated number of votes received by each candidate in each
statewide election held during the 5-year period which ends
on the date the change involved is made; and
``(ii) if the change applies to only one political
subdivision, the actual number of votes, or (if it is not
reasonably practicable for the political subdivision to
ascertain the actual number of votes) the estimated number of
votes in each subdivision-wide election held during the 5-
year period which ends on the date the change involved is
made.
``(4) Voluntary compliance by smaller jurisdictions.--
Compliance with this subsection shall be voluntary for a
political subdivision of a State unless the subdivision is
one of the following:
``(A) A county or parish.
``(B) A municipality with a population greater than 10,000,
as determined by the Bureau of the Census under the most
recent decennial census.
``(C) A school district with a population greater than
10,000, as determined by the Bureau of the Census under the
most recent decennial census. For purposes of this
subparagraph, the term `school district' means the geographic
area under the jurisdiction of a local educational agency (as
defined in section 8101 of the Elementary and Secondary
Education Act of 1965).
``(d) Rules Regarding Format of Information.--The Attorney
General may issue rules specifying a reasonably convenient
and accessible format that States and political subdivisions
shall use to provide public notice of information under this
section.
``(e) No Denial of Right To Vote.--The right to vote of any
person shall not be denied or abridged because the person
failed to comply with any change made by a State or political
subdivision to a voting qualification, prerequisite,
standard, practice, or procedure if the State or political
subdivision involved did not meet the applicable requirements
of this section with respect to the change.
``(f) Definitions.--In this section--
``(1) the term `demographic group' means each group which
section 2 protects from the denial or abridgement of the
right to vote on account of race or color, or in
contravention of the guarantees set forth in section 4(f)(2);
``(2) the term `election for Federal office' means any
general, special, primary, or runoff election held solely or
in part for the purpose of electing any candidate for the
office of President, Vice President, Presidential elector,
Senator, Member of the House of Representatives, or Delegate
or Resident Commissioner to the Congress; and
``(3) the term `persons with disabilities', means
individuals with a disability, as defined in section 3 of the
Americans with Disabilities Act of 1990.''.
(b) Effective Date.--The amendment made by subsection
(a)(1) shall apply with respect to changes which are made on
or after the expiration of the 60-day period which begins on
the date of the enactment of this Act.
SEC. 107. AUTHORITY TO ASSIGN OBSERVERS.
(a) Clarification of Authority in Political Subdivisions
Subject to Preclearance.--Section 8(a)(2)(B) of the Voting
Rights Act of 1965 (52 U.S.C. 10305(a)(2)(B)) is amended to
read as follows:
``(B) in the Attorney General's judgment, the assignment of
observers is otherwise necessary to enforce the guarantees of
the 14th or 15th Amendment or any provision of this Act or
any other Federal law protecting the right of citizens of the
United States to vote; or''.
(b) Assignment of Observers To Enforce Bilingual Election
Requirements.--Section 8(a) of such Act (52 U.S.C. 10305(a))
is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by inserting after paragraph (2) the following:
``(3) the Attorney General certifies with respect to a
political subdivision that--
``(A) the Attorney General has received written meritorious
complaints from residents, elected officials, or civic
participation organizations that efforts to violate section
203 are likely to occur; or
``(B) in the Attorney General's judgment, the assignment of
observers is necessary to enforce the guarantees of section
203;''; and
(3) by moving the margin for the continuation text
following paragraph (3), as added by paragraph (2) of this
subsection, 2 ems to the left.
(c) Transferral of Authority Over Observers to the Attorney
General.--
(1) Enforcement proceedings.--Section 3(a) of the Voting
Rights Act of 1965 (52 U.S.C. 10302(a)) is amended by
striking ``United States Civil Service Commission in
accordance with section 6'' and inserting ``Attorney General
in accordance with section 8''.
(2) Observers; appointment and compensation.--Section 8 of
the Voting Rights Act of 1965 (52 U.S.C. 10305) is amended--
(A) in subsection (a), in the flush matter at the end, by
striking ``Director of the Office of Personnel Management
shall assign as many observers for such subdivision as the
Director'' and inserting ``Attorney General shall assign as
many observers for such subdivision as the Attorney
General'';
(B) in subsection (c), by striking ``Director of the Office
of Personnel Management'' and inserting ``Attorney General'';
and
(C) in subsection (c), by adding at the end the following:
``The Director of the Office of Personnel Management may,
with the consent of the Attorney General, assist in the
selection, recruitment, hiring, training, or deployment of
these or other individuals authorized by the Attorney General
for the purpose of observing whether persons who are entitled
to vote are being permitted to vote and whether those votes
are being properly tabulated.''.
(3) Termination of certain appointments of observers.--
Section 13(a)(1) of the Voting Rights Act of 1965 (52 U.S.C.
10309(a)(1)) is amended by striking ``notifies the Director
of the Office of Personnel Management,'' and inserting
``determines,''.
SEC. 108. CLARIFICATION OF AUTHORITY TO SEEK RELIEF.
(a) Poll Tax.--Section 10(b) of the Voting Rights Act of
1965 (52 U.S.C. 10306(b)) is amended by striking ``the
Attorney General is authorized and directed to institute
forthwith in the name of the United States such actions,''
and inserting ``an aggrieved person or (in the name of the
United States) the Attorney General may institute such
actions''.
(b) Cause of Action.--Section 12(d) of the Voting Rights
Act of 1965 (52 U.S.C. 10308(d)) is amended to read as
follows:
``(d)(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
[[Page S1084]]
order. Nothing in this subsection shall be construed to
create a cause of action for civil enforcement of criminal
provisions of this or any other Act.''.
(c) Judicial Relief.--Section 204 of the Voting Rights Act
of 1965 (52 U.S.C. 10504) is amended by striking the first
sentence and inserting the following: ``Whenever there are
reasonable grounds to believe that a State or political
subdivision has engaged or is about to engage in any act or
practice prohibited by a provision of this title, an
aggrieved person or (in the name of the United States) the
Attorney General may institute an action in a district court
of the United States, for a restraining order, a preliminary
or permanent injunction, or such other order as may be
appropriate.''.
(d) Enforcement of Twenty-sixth Amendment.--Section
301(a)(1) of the Voting Rights Act of 1965 (52 U.S.C.
10701(a)(1)) is amended to read as follows:
``(a)(1) An aggrieved person or (in the name of the United
States) the Attorney General may institute an action in a
district court of the United States, for a restraining order,
a preliminary or permanent injunction, or such other order as
may be appropriate to implement the 26th Amendment to the
Constitution of the United States.''.
SEC. 109. PREVENTIVE RELIEF.
Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C.
10308(d)), as amended by section 108, is further amended by
adding at the end the following:
``(2)(A) In considering any motion for preliminary relief
in any action for preventive relief described in this
subsection, the court shall grant the relief if the court
determines that the complainant has raised a serious question
as to whether the challenged voting qualification or
prerequisite to voting or standard, practice, or procedure
violates any of the provisions listed in section 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.''.
SEC. 110. BILINGUAL ELECTION REQUIREMENTS.
Section 203(b)(1) of the Voting Rights Act of 1965 (52
U.S.C. 10503(b)(1)) is amended by striking ``2032'' and
inserting ``2037''.
SEC. 111. RELIEF FOR VIOLATIONS OF VOTING RIGHTS LAWS.
(a) In General.--
(1) Relief for violations of voting rights laws.--In this
section, the term ``prohibited act or practice'' means--
(A) any act or practice--
(i) that creates an undue burden on the fundamental right
to vote in violation of the 14th Amendment to the
Constitution of the United States or violates the Equal
Protection Clause of the 14th Amendment to the Constitution
of the United States; or
(ii) that is prohibited by the 15th, 19th, 24th, or 26th
Amendment to the Constitution of the United States, section
2004 of the Revised Statutes (52 U.S.C. 10101), the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National
Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.), the Help America Vote Act of 2002 (52
U.S.C. 20901 et seq.), the Voting Accessibility for the
Elderly and Handicapped Act (52 U.S.C. 20101 et seq.), or
section 2003 of the Revised Statutes (52 U.S.C. 10102); and
(B) any act or practice in violation of any Federal law
that prohibits discrimination with respect to voting,
including the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(2) Rule of construction.--Nothing in this section shall be
construed to diminish the authority or scope of authority of
any person to bring an action under any Federal law.
(3) Attorney's fees.--Section 722(b) of the Revised
Statutes (42 U.S.C. 1988(b)) is amended by inserting ``a
provision described in section 111(a)(1) of the John R. Lewis
Voting Rights Advancement Act of 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.
SEC. 112. PROTECTION OF TABULATED VOTES.
The Voting Rights Act of 1965 (52 U.S.C. 10307) is
amended--
(1) in section 11--
(A) by amending subsection (a) to read as follows:
``(a) No person acting under color of law shall--
``(1) fail or refuse to permit any person to vote who is
entitled to vote under Federal law or is otherwise qualified
to vote;
``(2) willfully fail or refuse to tabulate, count, and
report such person's vote; or
``(3) willfully fail or refuse to certify the aggregate
tabulations of such persons' votes or certify the election of
the candidates receiving sufficient such votes to be elected
to office.''; and
(B) in subsection (b), by inserting ``subsection (a) or''
after ``duties under''; and
(2) in section 12--
(A) in subsection (b)--
(i) by striking ``a year following an election in a
political subdivision in which an observer has been
assigned'' and inserting ``22 months following an election
for Federal office''; and
(ii) by adding at the end the following: ``Whenever the
Attorney General has reasonable grounds to believe that any
person has engaged in or is about to engage in an act in
violation of this subsection, the Attorney General may
institute (in the name of the United States) a civil action
in Federal district court seeking appropriate relief.'';
(B) in subsection (c), by inserting ``or solicits a
violation of'' after ``conspires to violate''; and
(C) in subsection (e), by striking the first and second
sentences and inserting the following: ``If, after the
closing of the polls in
[[Page S1085]]
an election for Federal office, persons allege that
notwithstanding (1) their registration by an appropriate
election official and (2) their eligibility to vote in the
political subdivision, their ballots have not been counted in
such election, and if upon prompt receipt of notifications of
these allegations, the Attorney General finds such
allegations to be well founded, the Attorney General may
forthwith file with the district court an application for an
order providing for the counting and certification of the
ballots of such persons and requiring the inclusion of their
votes in the total vote for all applicable offices before the
results of such election shall be deemed final and any force
or effect given thereto.''.
SEC. 113. ENFORCEMENT OF VOTING RIGHTS BY ATTORNEY GENERAL.
Section 12 of the Voting Rights Act of 1965 (52 U.S.C.
10308), as amended by this Act, is further amended by adding
at the end the following:
``(g) Voting Rights Enforcement by Attorney General.--
``(1) In general.--In order to fulfill the Attorney
General's responsibility to enforce this Act and other
Federal laws that protect the right to vote, the Attorney
General (or upon designation by the Attorney General, the
Assistant Attorney General for Civil Rights) is authorized,
before commencing a civil action, to issue a demand for
inspection and information in writing to any State or
political subdivision, or other governmental representative
or agent, with respect to any relevant documentary material
that the Attorney General has reason to believe is within
their possession, custody, or control. A demand by the
Attorney General under this subsection may require--
``(A) the production of such documentary material for
inspection and copying;
``(B) answers in writing to written questions with respect
to such documentary material; or
``(C) both the production described under subparagraph (A)
and the answers described under subparagraph (B).
``(2) Contents of an attorney general demand.--
``(A) In general.--Any demand issued under paragraph (1),
shall include a sworn certificate to identify the voting
qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting, or other
voting related matter or issue, whose lawfulness the Attorney
General is investigating and to identify the Federal law that
protects the right to vote under which the investigation is
being conducted. The demand shall be reasonably calculated to
lead to the discovery of documentary material and information
relevant to such investigation. Documentary material includes
any material upon which relevant information is recorded, and
includes written or printed materials, photographs, tapes, or
materials upon which information is electronically or
magnetically recorded. Such demands shall be aimed at the
Attorney General having the ability to inspect and obtain
copies of relevant materials (as well as obtain information)
related to voting and are not aimed at the Attorney General
taking possession of original records, particularly those
that are required to be retained by State and local election
officials under Federal or State law.
``(B) No requirement for production.--Any demand issued
under paragraph (1) may not require the production of any
documentary material or the submission of any answers in
writing to written questions if such material or answers
would be protected from disclosure under the standards
applicable to discovery requests under the Federal Rules of
Civil Procedure in an action in which the Attorney General or
the United States is a party.
``(C) Documentary material.--If the demand issued under
paragraph (1) requires the production of documentary
material, it shall--
``(i) identify the class of documentary material to be
produced with such definiteness and certainty as to permit
such material to be fairly identified; and
``(ii) prescribe a return date for production of the
documentary material at least 20 days after issuance of the
demand to give the State or political subdivision, or other
governmental representative or agent, a reasonable period of
time for assembling the documentary material and making it
available for inspection and copying.
``(D) Answers to written questions.--If the demand issued
under paragraph (1) requires answers in writing to written
questions, it shall--
``(i) set forth with specificity the written question to be
answered; and
``(ii) prescribe a date at least 20 days after the issuance
of the demand for submitting answers in writing to the
written questions.
``(E) Service.--A demand issued under paragraph (1) may be
served by a United States marshal or a deputy marshal, or by
certified mail, at any place within the territorial
jurisdiction of any court of the United States.
``(3) Responses to an attorney general demand.--A State or
political subdivision, or other governmental representative
or agent, shall, with respect to any documentary material or
any answer in writing produced under this subsection, provide
a sworn certificate, in such form as the demand issued under
paragraph (1) designates, by a person having knowledge of the
facts and circumstances relating to such production or
written answer, authorized to act on behalf of the State or
political subdivision, or other governmental representative
or agent, upon which the demand was served. The certificate--
``(A) shall state that--
``(i) all of the documentary material required by the
demand and in the possession, custody, or control of the
State or political subdivision, or other governmental
representative or agent, has been produced;
``(ii) with respect to every answer in writing to a written
question, all information required by the question and in the
possession, custody, control, or knowledge of the State or
political subdivision, or other governmental representative
or agent, has been submitted; or
``(iii) the requirements described in both clause (i) and
clause (ii) have been met; or
``(B) provide the basis for any objection to producing the
documentary material or answering the written question.
To the extent that any information is not furnished, the
information shall be identified and reasons set forth with
particularity regarding the reasons why the information was
not furnished.
``(4) Judicial proceedings.--
``(A) Petition for enforcement.--Whenever any State or
political subdivision, or other governmental representative
or agent, fails to comply with demand issued by the Attorney
General under paragraph (1), the Attorney General may file,
in a district court of the United States in which the State
or political subdivision, or other governmental
representative or agent, is located, a petition for a
judicial order enforcing the Attorney General demand issued
under paragraph (1).
``(B) Petition to modify.--
``(i) In general.--Any State or political subdivision, or
other governmental representative or agent, that is served
with a demand issued by the Attorney General under paragraph
(1) may file in the United States District Court for the
District of Columbia a petition for an order of the court to
modify or set aside the demand of the Attorney General.
``(ii) Petition to modify.--Any petition to modify or set
aside a demand of the Attorney General issued under paragraph
(1) must be filed within 20 days after the date of service of
the Attorney General's demand or at any time before the
return date specified in the Attorney General's demand,
whichever date is earlier.
``(iii) Contents of petition.--The petition shall specify
each ground upon which the petitioner relies in seeking
relief under clause (i), and may be based upon any failure of
the Attorney General's demand to comply with the provisions
of this section or upon any constitutional or other legal
right or privilege of the State or political subdivision, or
other governmental representative or agent. During the
pendency of the petition in the court, the court may stay, as
it deems proper, the running of the time allowed for
compliance with the Attorney General's demand, in whole or in
part, except that the State or political subdivision, or
other governmental representative or agent, filing the
petition shall comply with any portions of the Attorney
General's demand not sought to be modified or set aside.''.
SEC. 114. DEFINITIONS.
Title I of the Voting Rights Act of 1965 (52 U.S.C. 10301)
is amended by adding at the end the following:
``SEC. 21. DEFINITIONS.
``In this Act:
``(1) Indian.--The term `Indian' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(2) Indian lands.--The term `Indian lands' means--
``(A) any Indian country of an Indian tribe, as such term
is defined in section 1151 of title 18, United States Code;
``(B) any land in Alaska that is owned, pursuant to the
Alaska Native Claims Settlement Act, by an Indian tribe that
is a Native village (as such term is defined in section 3 of
such Act), or by a Village Corporation that is associated
with the Indian tribe (as such term is defined in section 3
of such Act);
``(C) any land on which the seat of government of the
Indian tribe is located; and
``(D) any land that is part or all of a tribal designated
statistical area associated with the Indian tribe, or is part
or all of an Alaska Native village statistical area
associated with the tribe, as defined by the Bureau of the
Census for the purposes of the most recent decennial census.
``(3) Indian tribe.--The term `Indian tribe' or `tribe' has
the meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(4) Tribal government.--The term `Tribal Government'
means the recognized governing body of an Indian Tribe.
``(5) Voting-age population.--The term `voting-age
population' means the numerical size of the population within
a State, within a political subdivision, or within a
political subdivision that contains Indian lands, as the case
may be, that consists of persons age 18 or older, as
calculated by the Bureau of the Census under the most recent
decennial census.''.
SEC. 115. ATTORNEYS' FEES.
Section 14(c) of the Voting Rights Act of 1965 (52 U.S.C.
10310(c)) is amended by adding at the end the following:
``(4) The term `prevailing party' means a party to an
action that receives at least
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some of the benefit sought by such action, states a colorable
claim, and can establish that the action was a significant
cause of a change to the status quo.''.
SEC. 116. OTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) Actions Covered Under Section 3.--Section 3(c) of the
Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended--
(1) by striking ``any proceeding instituted by the Attorney
General or an aggrieved person under any statute to enforce''
and inserting ``any action under any statute in which a party
(including the Attorney General) seeks to enforce''; and
(2) by striking ``at the time the proceeding was
commenced'' and inserting ``at the time the action was
commenced''.
(b) Clarification of Treatment of Members of Language
Minority Groups.--Section 4(f) of such Act (52 U.S.C.
10303(f)) is amended--
(1) in paragraph (1), by striking the second sentence; and
(2) by striking paragraphs (3) and (4).
(c) Period During Which Changes in Voting Practices Are
Subject to Preclearance Under Section 5.--Section 5 of such
Act (52 U.S.C. 10304) is amended--
(1) in subsection (a), by striking ``based upon
determinations made under the first sentence of section 4(b)
are in effect'' and inserting ``are in effect during a
calendar year'';
(2) in subsection (a), by striking ``November 1, 1964'' and
all that follows through ``November 1, 1972'' and inserting
``the applicable date of coverage''; and
(3) by adding at the end the following new subsection:
``(e) The term `applicable date of coverage' means, with
respect to a State or political subdivision--
``(1) June 25, 2013, if the most recent determination for
such State or subdivision under section 4(b) was made on or
before December 31, 2021; or
``(2) the date on which the most recent determination for
such State or subdivision under section 4(b) was made, if
such determination was made after December 31, 2021.''.
(d) Review of Preclearance Submission Under Section 5 Due
to Exigency.--Section 5 of such Act (52 U.S.C. 10304) is
amended, in subsection (a), by inserting ``An exigency,
including a natural disaster, inclement weather, or other
unforeseeable event, requiring such different qualification,
prerequisite, standard, practice, or procedure within 30 days
of a Federal, State, or local election shall constitute good
cause requiring the Attorney General to expedite
consideration of the submission.'' after ``will not be
made.''.
SEC. 117. SEVERABILITY.
If any provision of the John R. Lewis Voting Rights
Advancement Act of 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.
SEC. 118. GRANTS TO ASSIST WITH NOTICE REQUIREMENTS UNDER THE
VOTING RIGHTS ACT OF 1965.
(a) In General.--The Attorney General shall make grants
each fiscal year to small jurisdictions who submit
applications under subsection (b) for purposes of assisting
such small jurisdictions with compliance with the
requirements of the Voting Rights Act of 1965 to submit or
publish notice of any change to a qualification,
prerequisite, standard, practice or procedure affecting
voting.
(b) Application.--To be eligible for a grant under this
section, a small jurisdiction shall submit an application to
the Attorney General in such form and containing such
information as the Attorney General may require regarding the
compliance of such small jurisdiction with the provisions of
the Voting Rights Act of 1965.
(c) Small Jurisdiction Defined.--For purposes of this
section, the term ``small jurisdiction'' means any political
subdivision of a State with a population of 10,000 or less.
TITLE II--ELECTION WORKER AND POLLING PLACE PROTECTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Election Worker and
Polling Place Protection Act''.
SEC. 202. 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.''.
______
By Mr. PADILLA (for himself, Mr. Booker, Ms. Butler, and Mrs.
Gillibrand):
S. 3842. A bill to posthumously award a Congressional Gold Medal to
Muhammed Ali, in recognition of his contributions to the United States;
to the Committee on Banking, Housing, and Urban Affairs.
Mr. PADILLA, Madam President, I rise to speak in support of the
Muhammad Ali Congressional Gold Medal Act, which I introduced today.
Muhammad Ali is often referred to as ``The Greatest,'' an appropriate
title that he earned through his inspiring athletic achievements,
dedication to ensuring that all Americans have equal rights, and
advocacy for underserved communities around the world. Ali serves as an
example of service and self-sacrifice for all generations.
Muhammad Ali was born in Louisville, KY, on January 17, 1942. From an
early age, he excelled in boxing, going on to win a Gold Medal at the
1960 Olympic Games in Rome and becoming an undisputed heavyweight
boxing champion. Throughout his career, he helped our Nation grow past
the legacy of Jim Crow and segregation in sports. He worked tirelessly
to support medical research and charitable organizations, including
founding the Muhammad Ali Parkinson Center and raising over $50 million
for Parkinson's research.
Ali's devotion to humanitarian causes and racial equality earned him
many accolades, including being chosen as United Nations Messenger of
Peace and receiving an Amnesty International Lifetime Achievement
Award. He was also chosen to light the Olympic flame at the 1996
Olympic Games in
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Atlanta, and in 2005, President George W. Bush awarded Ali the
Presidential Medal of Freedom.
Muhammad Ali also left a lasting impact on my home State of
California. For roughly 7 years, Ali lived in Los Angeles, and five of
his professional fights were held in Southern California. Due to his
courage and conviction, the 1987 California Bicentennial Foundation for
the U.S. Constitution selected Ali to personify the vitality of the
Constitution and the Bill of Rights.
The Congressional Gold Medal is a fitting award for an American who
devoted his life and career to uplifting underserved communities in the
United States and abroad. I want to thank Representative Carson for
introducing this bill in the House, and I hope that our colleagues on
both sides of the aisle will join us in awarding a posthumous
Congressional Gold Medal to Muhammad Ali.
______
By Mr. PADILLA (for himself and Ms. Butler):
S. 3857. A bill to take certain land in the State of California into
trust for the benefit of the Jamul Indian Village of California, and
for other purposes; to the Committee on Indian Affairs.
Mr. PADILLA. Madam President, I rise to introduce the Jamul Indian
Village Land Transfer Act.
The Jamul Indian Village Land Transfer Act would place four parcels
of approximately 172 acres of land already owned in fee by the Jamul
Indian Village into trust by the United States for the benefit of the
Tribe.
The four parcels of land in the bill would not be used for any class
II or class III gaming under the Indian Gaming Regulatory Act.
Over time, Jamul's ancestral lands have diminished from over 640
acres to just 6 acres, which now comprise the Tribe's entire trust land
base. This 6-acre reservation is one of the smallest reservations in
the country.
In 2005, Jamul Tribal members voluntarily moved off of the
reservation in order to allow the Tribe to pursue economic development,
build a casino, and become self-sufficient and less reliant on the
Federal Government.
The Tribe has worked hard to maximize the use of its 6-acre
reservation. Jamul opened a casino in 2006 and is working towards the
opening of an adjacent hotel next year. Once the hotel is complete, the
casino and hotel will occupy the entire Tribal reservation.
This legislation would place additional acres into trust for the
benefit of the Tribe, allowing Jamul to build a true homeland and bring
their members back to the reservation. On the largest parcel covered by
the bill, Jamul plans to develop housing for their Tribal members so
they can create a true homeland, as well as use the land for
administrative offices, a health clinic, a childcare center,
educational services, a community center, law enforcement offices, and
other community resources for Tribal members.
Another parcel contains the only physical access road to the Tribe's
reservation, and the fourth parcel contains the Tribe's historical
church and cemetery.
I am proud to work with the Jamul Indian Village to introduce this
bill that would enhance Tribal community development, preserve a sacred
site, and improve economic development opportunities that will
positively impact the Tribes' members and culture for generations to
come. I look forward to working with my colleagues to pass the Jamul
Indian Village Land Transfer Act in the Senate as quickly as possible.
____________________