[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1912 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1912

       To protect the rights of Indian and Native Alaskan voters.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2015

  Mr. Tester (for himself, Mr. Franken, Ms. Heitkamp, and Mr. Udall) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
       To protect the rights of Indian and Native Alaskan voters.

    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 American Voting Rights Act of 
2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Indian reservation.--The term ``Indian reservation'' 
        shall have the meaning given the term in section 203 of the 
        Voting Rights Act of 1965 (52 U.S.C. 10503).
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).

SEC. 3. TRIBAL ACCESS TO POLLING PLACES AND VOTER REGISTRATION.

    (a) Actions Requiring Preclearance.--No State or political 
subdivision may, unless that State or political subdivision meets the 
requirements of subsection (b)--
            (1) eliminate the only polling place or voter registration 
        site on an Indian reservation;
            (2) move or consolidate a polling place or voter 
        registration site that is located on an Indian reservation to a 
        location 1 mile or further from the existing location of the 
        polling place or voter registration site;
            (3) move or consolidate a polling place on an Indian 
        reservation to a location across a river, lake, mountain, or 
        other natural boundary such that it makes travel difficult for 
        a voter, regardless of distance;
            (4) eliminate in-person voting on an Indian reservation by 
        designating an Indian reservation as a permanent absentee 
        voting location, unless--
                    (A) the entire State is or becomes a permanent 
                absentee voting State; or
                    (B) the Indian tribe requests such a designation in 
                accordance with section 3(c);
            (5) remove an early voting location or otherwise diminish 
        early voting opportunities on an Indian reservation; or
            (6) decrease the number of days or hours that an in-person 
        or early voting location is open on an Indian reservation or 
        change the dates of in-person or early voting on an Indian 
        reservation.
    (b) Preclearance.--
            (1) In general.--A State or political subdivision meets the 
        requirements of this subsection if the State or political 
        subdivision--
                    (A) institutes an action in the United States 
                District Court for the District of Columbia for a 
                declaratory judgment that the specified activity 
                described in subsection (a) that the State or political 
                subdivision desires to carry out neither has the 
                purpose nor will have the effect of denying or 
                abridging the right to vote on account of race or 
                color, or membership in a language minority group, and 
                unless and until the court enters such judgment the 
                State or political subdivision shall not carry out such 
                activity; or
                    (B) the chief legal officer or other appropriate 
                official of such State or subdivision submits a request 
                to carry out the specified activity described in 
                subsection (a) 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.
            (2) No limitation on future actions.--Neither an 
        affirmative indication by the Attorney General that no 
        objection will be made, nor the Attorney General's failure to 
        object, nor a declaratory judgment entered under this section 
        shall bar a subsequent action to enjoin enforcement of an 
        activity described in subsection (a). In the event the Attorney 
        General affirmatively indicates that no objection will be made 
        within the 60-day period following receipt of a submission, the 
        Attorney General may reserve the right to reexamine the 
        submission if additional information comes to the Attorney 
        General's attention during the remainder of the 60-day period 
        which would otherwise require objection in accordance with this 
        section. Any action under this section shall be heard and 
        determined by a court of 3 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.

SEC. 4. DESIGNATION OF TRIBAL POLLING PLACES.

    (a) Obligations of the State.--
            (1) Designation of state officer.--Each of the several 
        States whose territory contains all or part of an Indian 
        reservation shall designate, for each Indian tribe of each 
        Indian reservation, an officer within that State responsible 
        for compliance with the provisions of this Act. The State shall 
        provide written notice to each such Indian tribe of the officer 
        so designated.
            (2) Provision of polling places.--For each Indian tribe 
        that satisfies the obligations of subsection (b), and for each 
        election that is held at least 180 days after the Indian tribe 
        initially satisfies such obligations, any State whose territory 
        contains all or part of an Indian reservation of the Indian 
        tribe--
                    (A) shall provide a minimum of one polling place in 
                a location selected by the Indian tribe;
                    (B) shall provide additional polling places in 
                locations selected by the Indian tribe if, based on the 
                totality of circumstances, it is shown that not 
                providing additional polling places would result in 
                members of the Indian tribe having less opportunity to 
                vote than other citizens have, as determined by the 
                Attorney General;
                    (C) shall, at each polling place provided in 
                accordance with this section, make voting machines, 
                tabulation machines, ballots, provisional ballots, and 
                other voting materials available to the same extent 
                that such equipment and materials are made available at 
                most other polling places in the State;
                    (D) shall, at each polling place provided under 
                this section, conduct the election using the same 
                voting procedures that are used at other polling places 
                in the State;
                    (E) shall, at each polling place provided in 
                accordance with this section, provide training, 
                compensation, and other benefits to election officials 
                and poll workers to the same extent that such training, 
                compensation, and benefits are provided to election 
                officials and poll workers at other polling places in 
                the State;
                    (F) shall cooperate in good faith with the efforts 
                of the Indian tribe to satisfy the certifications the 
                Indian tribe made pursuant to subparagraphs (B) through 
                (E) of subsection (b)(1); and
                    (G) may fulfill the State's obligations under 
                subparagraphs (A) and (B) by relocating existing 
                polling places, by creating new polling places, or 
                both.
            (3) Equitable opportunities to vote.--When assessing the 
        opportunities to vote provided to members of the Indian tribe 
        and to other citizens in the State, to determine the number of 
        additional polling places (if any) that a State must provide 
        pursuant to subparagraph (B) of paragraph (2), the State, and 
        any court applying this Act, shall consider--
                    (A) the number of voting-age citizens assigned to 
                each polling place;
                    (B) the distances that voters must travel to reach 
                the polling places;
                    (C) the time that voters must spend traveling to 
                reach the polling places;
                    (D) the modes of transportation that voters use to 
                reach the polling places;
                    (E) the existence of and access to public 
                transportation to the polling places; and
                    (F) any other factor relevant to effectuating the 
                purposes of this Act.
    (b) Obligations of the Indian Tribe.--
            (1) The State obligations in subsection (a) shall apply 
        only if the Indian tribe files a standing request with the 
        officer designated under subsection (a)(1) for a polling place 
        or polling places for future elections, pursuant to 
        subparagraphs (A) and (B) of subsection (a)(2), which--
                    (A) specifies the number and locations of such 
                polling places;
                    (B) certifies that the Indian tribe has arranged 
                access to the facilities in which such polling places 
                will be located, and that such access is in accordance 
                with Federal and State law;
                    (C) certifies that the Indian tribe will ensure 
                that each such polling place will be open and 
                accessible to all voting-age citizens who reside in the 
                precinct or other geographic area assigned to such 
                polling place, regardless of whether such citizens are 
                or are not members of the Indian tribe or of any other 
                Indian tribe;
                    (D) certifies that the Indian tribe will designate 
                election officials and poll workers to staff such 
                polling places on every day that the polling places 
                will be open; and
                    (E) certifies that the Indian tribe will ensure 
                that the election officials and poll workers who the 
                Indian tribe designate to staff such polling places 
                attend and satisfactorily complete any training that is 
                required of election officials and poll workers who 
                staff other polling places in nearby areas of the 
                State, or requests that the State shall designate such 
                election officials and poll workers.
            (2) At any time at least 60 days before an election, an 
        Indian tribe that previously has satisfied the obligations of 
        paragraph (1) may notify the State that the Indian tribe 
        intends to opt out of the standing request for one or more 
        polling places as described in subparagraphs (A) and (B) of 
        subsection (a)(2) for a particular election or for all future 
        elections.
    (c) Absentee Balloting.--In States that permit absentee or mail-in 
balloting, an Indian tribe may request to the State or political 
subdivision that an Indian reservation of the Indian tribe be 
designated as an absentee ballot location. In such instances, absentee 
ballots shall be provided to each registered voter living on the Indian 
reservation without the requirement of a request or an excuse for an 
absentee ballot. Bilingual election materials shall be provided if 
required by section 203 of the Voting Rights Act of 1965 (52 U.S.C. 
10503).
    (d) Early Voting.--In States that provide for early voting, a State 
or local election official shall provide at least one early voting 
location on an Indian reservation upon the request of the applicable 
Indian tribe.
    (e) Facilities.--An Indian tribe may request to the State or 
political subdivision that tribal government offices or Federal 
facilities, such as Indian Health Service or Bureau of Indian Affairs 
facilities, be designated as polling places or voter registration 
agencies under section 7 of the National Voter Registration Act of 1993 
(52 U.S.C. 20506) provided that the tribal government office or Federal 
facility meets the requirements of Federal and State law applied to 
other polling places or voter registration agencies within the State or 
political subdivision.
    (f) Tribal Government Identification.--If a State or political 
subdivision requires an individual to present identification for the 
purposes of voting or registering to vote, a tribal identification card 
shall be treated as a valid form of identification for such purposes.
    (g) Enforcement.--The government of an Indian tribe or the Attorney 
General of the United States may bring a civil action against a State 
or political subdivision, as the case may be, or against an appropriate 
State or political subdivision officer acting in an official capacity 
in an appropriate United States district court for such declaratory or 
injunctive relief as may be necessary to effectuate the provisions of 
this section.
    (h) Relationship to Other Laws.--Nothing in this Act shall 
invalidate, or limit the rights, remedies, or procedures available 
under, or supersede, restrict, or limit the application of, 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 Help America 
Vote Act of 2002 (52 U.S.C. 20901 et seq.), or any other Federal law or 
regulation related to voting or the electoral process.

SEC. 5. BILINGUAL ELECTION REQUIREMENTS.

    Section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) 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. 6. FEDERAL OBSERVERS TO PROTECT TRIBAL VOTING RIGHTS.

    Section 8(a) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)) 
is amended--
            (1) in paragraph (1), by striking ``or'' after the 
        semicolon;
            (2) in paragraph (2), by adding ``or'' after the semicolon; 
        and
            (3) by inserting after paragraph (2) the following:
            ``(3) the Attorney General has received a written complaint 
        from an Indian Tribe that efforts to deny or abridge the right 
        to vote under the color of law on account of race or color, or 
        in contravention of the guarantees set forth in section 
        4(f)(2), are likely to occur;''.

SEC. 7. ELECTION OBSERVER TRANSPARENCY.

    The Attorney General shall make publicly available the reports of 
Federal election observers appointed pursuant to section (8)(a)(3) of 
the Voting Rights Act of 1965 (52 U.S.C. 10305(a)(3)), as added by 
section 6, not later than 6 months after the date that such reports are 
submitted to the Attorney General.

SEC. 8. TRIBAL VOTING CONSULTATION.

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

SEC. 9. ATTORNEYS' FEES, EXPERT FEES, LITIGATION EXPENSES.

    In any civil action under this Act, the court, in its discretion, 
may award reasonable attorneys' fees, reasonable expert fees, and other 
reasonable litigation expenses as part of the costs to the prevailing 
party, other than the United States.
                                 <all>