[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3899 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 3899
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
January 16, 2014
Mr. Sensenbrenner (for himself, Mr. Conyers, Mr. Lewis, Mr. Scott of
Virginia, Mr. Bachus, Mr. Chabot, Ms. Jackson Lee, Mr. Duffy, and Mr.
Hoyer) 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 Amendment Act of
2014''.
SEC. 2. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO RETAIN
JURISDICTION.
(a) Types of Violations.--Section 3(c) of the Voting Rights Act of
1965 (42 U.S.C. 1973a(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 (other than a violation
of section 2(a) which is based on the imposition of a requirement that
an individual provide a photo identification as a condition of
receiving a ballot for voting in an election for Federal, State, or
local office); or violations of any Federal voting rights law that
prohibits discrimination on the basis of race, color, or membership in
a language minority group,''.
(b) Conforming Amendment.--Section 3(a) of such Act (42 U.S.C.
1973a(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 voting
rights law that prohibits discrimination on the basis of race, color,
or membership in a language minority group,''.
SEC. 3. 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 (42 U.S.C. 1973b(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
15 years.--
``(A) Statewide application.--Subsection (a)
applies with respect to a State and all political
subdivisions within the State during a calendar year if
5 or more voting rights violations occurred in the
State during the previous 15 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 during a calendar year if--
``(i) 3 or more voting rights violations
occurred in the subdivision during the previous
15 calendar years; or
``(ii) 1 or more voting rights violations
occurred in the subdivision during the previous
15 calendar years and the subdivision had
persistent, extremely low minority turnout
during the previous 15 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 pursuant to the
applicable provisions of paragraph (1); and
``(ii) that ends on the date which is 10
years after January 1 of the year in which the
most recent voting rights violation occurred in
the State or political subdivision.
``(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 (and, in the case of
paragraph (1)(B)(ii), extremely low minority
turnout) 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) 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) 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
or color, or in contravention of the guarantees set
forth in subsection (f)(2), in violation of section 2.
``(C) 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) 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, other than an
objection which is based on a voting qualification or
procedure which consists of the imposition of a
requirement that an individual provide a photo
identification as a condition of receiving a ballot for
voting in an election for Federal, State, or local
office.
``(4) Determination of persistent, extremely low minority
turnout.--For purposes of paragraph (1)(B)(ii), a political
subdivision has persistent, extremely low minority turnout with
respect to a calendar year if any of the following applies:
``(A) With respect to the general elections for the
office of President which were held in the political
subdivision during the previous 15 calendar years--
``(i) in the majority of such elections,
the minority turnout rate in the political
subdivision was below--
``(I) the minority turnout rate for
the entire Nation,
``(II) the nonminority turnout rate
for the entire Nation,
``(III) the minority turnout rate
for the State in which the political
subdivision is located,
``(IV) the nonminority turnout rate
for the State in which the political
subdivision is located, and
``(V) the nonminority turnout rate
for the political subdivision; and
``(ii) the average minority turnout rate
across all such elections in the political
subdivision was more than 10 percentage points
below the average nonminority turnout rate for
the entire Nation.
``(B) With respect to the general elections for
Federal office which were held in the political
subdivision during the previous 15 calendar years--
``(i) in the majority of such elections,
the minority turnout rate in the political
subdivision was below--
``(I) the minority turnout rate for
the State in which the political
subdivision is located,
``(II) the nonminority turnout rate
for the State in which the political
subdivision is located, and
``(III) the nonminority turnout
rate for the political subdivision; and
``(ii) the average minority turnout rate
across all such elections in the political
subdivision was more than 10 percentage points
below the average nonminority turnout rate for
the State in which the political subdivision is
located.
``(5) 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 (other than the determinations
described in subparagraph (B)), including updating the
list of voting rights violations attributable to each
State and political subdivision for the previous
calendar year.
``(B) Determinations of turnout rates.--As early as
practicable during each odd-numbered calendar year, the
Attorney General, in consultation with the heads of the
relevant offices of the government, shall make the
determinations of turnout rates required by this
subsection, including the minority and nonminority
turnout rates for the general elections for Federal
office held in the previous year in each State and
political subdivision (expressed as percentages of the
citizen voting-age population of the State and
subdivision and determined using scientifically
accepted statistical methodologies).
``(C) 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.
``(6) Other definitions.--In this subsection, the following
definitions apply:
``(A) The term `general election for Federal
office' means a general 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.
``(B) The term `minority' means persons who
identify themselves as being--
``(i) of Hispanic or Latino origin;
``(ii) of a race other than white; or
``(iii) of 2 or more races.
``(C) The term ``nonminority'' means persons who
identify themselves as being--
``(i) not of Hispanic or Latino origin;
``(ii) white; and
``(iii) not of any other race.
``(D) The term `turnout rate' means, with respect
to a demographic group and an election, the amount
(expressed as a percentage) equal to the quotient of--
``(i) the number of individuals in that
group who are citizens of the United States,
who are 18 years of age or older on the date of
the election, and who cast ballots in the
election; divided by
``(ii) the total number of individuals in
that group who are citizens of the United
States and who are 18 years of age or older on
the date of the election.''.
(2) Conforming amendments.--Section 4(a) of such Act (42
U.S.C. 1973b(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)''; and
(G) by striking paragraphs (7) and (8).
(b) Clarification of Treatment of Members of Language Minority
Groups.--Section 4(a)(1) of such Act (42 U.S.C. 1973b(a)(1)) is amended
by striking ``race or color,'' and inserting ``race or color or in
contravention of the guarantees of subsection (f)(2),''.
(c) Repeal of Retention of Jurisdiction of 3-Judge Court.--Section
4(a)(5) of such Act (42 U.S.C. 1973b(a)(5)) is amended by striking the
second and third sentences.
SEC. 4. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT.
(a) Transparency.--
(1) In general.--The Voting Rights Act of 1965 (42 U.S.C.
1973 et seq.) is amended by inserting after section 5 the
following new section:
``transparency regarding changes to protect voting rights
``Sec. 6. (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 affecting 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, the State or political subdivision shall provide
reasonable public notice in such State or political subdivision
and on the Internet, in a reasonably convenient and accessible
format, 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.
``(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, in a reasonably convenient and
accessible format, of the information described in paragraph
(2) for precincts and polling places within such State or
political subdivision.
``(2) Information described.--The information described in
this paragraph with respect to a precinct or polling place is
as follows:
``(A) The name or number.
``(B) In the case of a polling place, the location,
including the street address.
``(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.
``(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, in a
reasonably convenient and accessible format, 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, as soon as practicable after the change occurs.
``(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, in a
reasonably convenient and accessible format, 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 as follows:
``(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) The actual number of votes, or (if it is not
reasonably practicable for the State or political
subdivision to ascertain the actual number of votes)
the estimated number of votes received by each
candidate in each statewide election and (if the change
applies to only one political subdivision) 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 under the most recent decennial
census.
``(C) A school district with a population greater
than 10,000, as determined under the most recent
decennial census. For purposes of this paragraph, 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).
``(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); and
``(2) the term `election' means, with respect to Federal
office, 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.''.
(2) Conforming amendment.--Section 3(a) of such Act (42
U.S.C. 1973a(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. 5. 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 (42
U.S.C. 1973f(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 law of the
United States 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 (42 U.S.C. 1973f(a)) is
amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by adding ``or'' at the end of paragraph (2); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(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;''.
SEC. 6. INJUNCTIVE RELIEF.
(a) Clarification of Scope and Persons Authorized To Seek Relief.--
Section 12(d) of the Voting Rights Act of 1965 (42 U.S.C. 1973j(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 (42
U.S.C. 1973j(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 relief described in this subsection, the
court shall grant the relief if the court determines that, on balance,
the hardship imposed upon the defendant by the issuance of the relief
will be less than the hardship which would be imposed upon 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 affecting voting, the court shall
consider the following factors (to the extent applicable to the
action):
``(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 it 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. 7. OTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) Actions Covered Under Section 3.--Section 3(c) of the Voting
Rights Act of 1965 (42 U.S.C. 1973a(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 (42 U.S.C. 1973b(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 (42 U.S.C. 1973c)
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.''.
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