[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2399 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2399

  To safeguard the voting rights of Native American and Alaska Native 
 voters and to provide the resources and oversight necessary to ensure 
                 equal access to the electoral process.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2014

Mr. Begich (for himself, Ms. Hirono, Mr. Tester, Mr. Walsh, Mr. Johnson 
of South Dakota, and Ms. Heitkamp) introduced the following bill; which 
     was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To safeguard the voting rights of Native American and Alaska Native 
 voters and to provide the resources and oversight necessary to ensure 
                 equal access to the electoral process.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native Voting Rights Act of 2014''.

SEC. 2. TRIBAL IDENTIFICATION; ACTIONS FOR A DISPARITY IN AVAILABILITY 
              OF POLLING PLACES.

    Section 2 of the Voting Rights Act (42 U.S.C. 1973) is amended by 
adding at the end the following:
    ``(c) If a State or political subdivision requires an individual to 
present a valid form of identification for the purposes of voting, 
including registering to vote, an individual's unexpired tribal 
identification document issued by an Indian tribe (including a tribal 
identification document issued by a Native Corporation, as defined in 
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) 
shall be treated as a valid form of identification for such purposes.
    ``(d)(1)(A) The Attorney General may institute in the name of the 
United States actions, including actions against States or political 
subdivisions, for declaratory judgment or injunctive relief if the 
Attorney General finds, at the discretion of the Attorney General, a 
disparity between in-person voting opportunities for members of an 
Indian tribe as compared to in-person voting opportunities for 
individuals who are not members of an Indian tribe.
    ``(B) Such injunctive relief shall include measures to reduce such 
disparity by increasing the availability of polling places.
    ``(2) The district courts of the United States shall have 
jurisdiction of such actions which shall be heard and determined by a 
court of three judges in accordance with the provisions of section 2284 
of title 28 of the United States Code and any appeal shall lie to the 
Supreme Court. It shall be the duty of the judges designated to hear 
the case to assign the case for hearing at the earliest practicable 
date, to participate in the hearing and determination thereof, and to 
cause the case to be in every way expedited. There shall be a 
presumption that such disparity results in a denial or abridgement of 
the right of any citizen of the United States to vote on account of 
race or color, or in contravention of the guarantees set forth in 
section 4(f)(2).
    ``(3) Notwithstanding paragraphs (1) and (2), an aggrieved person 
may bring an action described in paragraph (1)(A). The provisions of 
paragraph (2) shall apply to such action.''.

SEC. 3. PROTECTIONS RELATING TO POLLING PLACES ON INDIAN RESERVATIONS.

    (a) Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is 
amended by adding at the end the following:
    ``(g) Protections Relating to Indian Reservations.--
            ``(1) In general.--No State or political subdivision shall 
        carry out any of the following activities unless that State or 
        political subdivision obtains the approval of the court or the 
        nonobjection of the Attorney General under section 5(a):
                    ``(A) Eliminating the only polling place or voter 
                registration site on an Indian reservation.
                    ``(B) Moving or consolidating a polling place or 
                voter registration site 1 mile or further from the 
                existing location of the polling place or voter 
                registration site on an Indian reservation.
                    ``(C) Moving or consolidating a polling place on an 
                Indian reservation across a river, lake, mountain, or 
                other natural boundary such that it makes travel 
                difficult for a voter, regardless of distance.
                    ``(D) Eliminating in-person voting on an Indian 
                reservation by designating an Indian reservation as a 
                permanent absentee voting location, unless the entire 
                State is or becomes a permanent absentee voting State.
                    ``(E) Removing an early voting location or 
                otherwise diminishing early voting opportunities on an 
                Indian reservation.
                    ``(F) Decreasing the number of days or hours that 
                an in-person or early voting location is open on an 
                Indian reservation or changing the dates of in-person 
                or early voting on an Indian reservation.
            ``(2) Definition.--For purposes of this subsection, the 
        term `Indian reservation' shall have the meaning given such 
        term under section 203(b)(3).''.
    (b) Section 5(a) of the Voting Rights Act of 1965 (42 U.S.C. 
1973c(a)) is amended--
            (1) in the first sentence, by inserting ``or whenever a 
        State or political subdivision shall enact or seek to 
        administer any of the activities described in subsection (g) of 
        section 4'' after ``November 1, 1972,''; and
            (2) by striking ``or procedure'' and inserting ``procedure, 
        or activity'' each place the term appears.

SEC. 4. FEDERAL ELECTION OVERSIGHT ON INDIAN RESERVATIONS.

    Section 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f) is 
amended--
            (1) by redesignating subsections (b) through (e) as 
        subsections (c) through (f), respectively;
            (2) in subsection (c), as redesignated by paragraph (1) of 
        this section, by striking ``subsection (c), such observers'' 
        and inserting ``subsection (d), the observers described in this 
        section''; and
            (3) by inserting after subsection (a) the following:
    ``(b) The Attorney General may authorize Federal observers for 
elections that occur on an Indian reservation, as defined under section 
203, if the Attorney General has received from a tribal organization--
            ``(1) a written complaint that efforts to deny or abridge 
        the right to vote under the color of law on account of race or 
        color, or in contravention of the guarantees set forth in 
        section 4(f)(2), may occur on an Indian reservation; and
            ``(2) a request for the authorization of Federal observers 
        for elections that occur on that Indian reservation.''.

SEC. 5. TERMINATION OF ELECTION OBSERVERS.

    Section 13(a) of the Voting Rights Act of 1965 (42 U.S.C. 1973k(a)) 
is amended--
            (1) in paragraph (1)--
                    (A) by striking ``section 8'' and inserting 
                ``subsection (a) of section 8''; and
                    (B) by striking ``and'' after the semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) with respect to observers appointed pursuant to 
        subsection (b) of section 8, after the end of the next general 
        election for the office of President.''.

SEC. 6. DEFINITIONS.

    Section 14(c) of the Voting Rights Act of 1965 (42 U.S.C. 1973l(c)) 
is amended by adding at the end the following:
    ``(4) The terms `Indian tribe' and `tribal organization' have the 
meaning given such terms under section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
    ``(5) The term `member of an Indian tribe' means an individual who 
is a member of an Indian tribe, as defined under section 4 of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) 
and includes a member of a Native Corporation, as defined in section 3 
of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).''.

SEC. 7. BILINGUAL ELECTION REQUIREMENTS; DEFINITION OF INDIAN 
              RESERVATION.

    Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) 
is amended--
            (1) in subsection (b)(3)(C), by striking ``1990'' and 
        inserting ``2010''; and
            (2) in subsection (c), by striking ``or in the case of 
        Alaskan natives and American Indians, if the predominant 
        language is historically unwritten'' and inserting ``(as of the 
        date on which the materials or information is provided)''.

SEC. 8. ELECTION OBSERVER TRANSPARENCY.

    The Attorney General shall make publicly available the reports of 
Federal election observers appointed in accordance with section 8 of 
the Voting Rights Act of 1965 (42 U.S.C. 1973f), not later than 6 
months after the date that such reports are submitted to the Attorney 
General.

SEC. 9. TRIBAL VOTING CONSULTATION.

    The Attorney General shall, to the extent practicable, consult 
annually with tribal organizations regarding issues relating to voting 
for members of an Indian tribe.
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