[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 258
116th CONGRESS
  1st Session
                                 H. R. 4

                          [Report No. 116-317]

   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

                           February 26, 2019

 Ms. Sewell of Alabama (for herself, Mr. Lewis, Ms. Pelosi, Mr. Hoyer, 
   Mr. Clyburn, Mr. Lujan, Ms. Judy Chu of California, Mr. Castro of 
Texas, Mr. Jeffries, Ms. Adams, Mr. Aguilar, Mr. Allred, Ms. Bass, Mrs. 
Beatty, Mr. Bera, Mr. Beyer, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. 
 Blunt Rochester, Ms. Bonamici, Mr. Brendan F. Boyle of Pennsylvania, 
  Mr. Brown of Maryland, Ms. Brownley of California, Mrs. Bustos, Mr. 
 Butterfield, Mr. Cardenas, Mr. Carson of Indiana, Mr. Cartwright, Mr. 
Cicilline, Mr. Cisneros, Ms. Clark of Massachusetts, Ms. Clarke of New 
 York, Mr. Clay, Mr. Cleaver, Mr. Connolly, Mr. Cooper, Mr. Costa, Mr. 
 Cox of California, Mrs. Craig, Mr. Crist, Mr. Cummings, Mr. Danny K. 
Davis of Illinois, Ms. Dean, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Mr. 
   Delgado, Mrs. Demings, Mr. Deutch, Mrs. Dingell, Mr. Doggett, Mr. 
 Michael F. Doyle of Pennsylvania, Mr. Engel, Ms. Escobar, Ms. Eshoo, 
 Mr. Espaillat, Mr. Gallego, Mr. Garamendi, Mr. Gomez, Mr. Gottheimer, 
Mr. Green of Texas, Ms. Haaland, Mr. Hastings, Mr. Heck, Mr. Higgins of 
New York, Ms. Hill of California, Mr. Himes, Mr. Horsford, Mr. Huffman, 
  Ms. Jackson Lee, Ms. Jayapal, Ms. Johnson of Texas, Mr. Johnson of 
 Georgia, Mr. Keating, Ms. Kelly of Illinois, Mr. Khanna, Mr. Kilmer, 
Mrs. Kirkpatrick, Mr. Krishnamoorthi, Ms. Kuster of New Hampshire, Mr. 
    Lamb, Mr. Larsen of Washington, Mr. Larson of Connecticut, Mrs. 
Lawrence, Mr. Lawson of Florida, Ms. Lee of California, Mr. Ted Lieu of 
   California, Mr. Lowenthal, Mrs. Lowey, Mr. Lynch, Mrs. Carolyn B. 
Maloney of New York, Mr. Sean Patrick Maloney of New York, Ms. Matsui, 
 Mrs. McBath, Ms. McCollum, Mr. McEachin, Mr. McGovern, Mr. Meeks, Ms. 
 Meng, Ms. Moore, Mr. Morelle, Mr. Moulton, Ms. Mucarsel-Powell, Mrs. 
 Murphy, Mrs. Napolitano, Mr. Norcross, Ms. Norton, Ms. Ocasio-Cortez, 
   Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Pappas, Mr. Pascrell, Mr. 
  Perlmutter, Mr. Peters, Ms. Plaskett, Mr. Pocan, Ms. Pressley, Mr. 
  Price of North Carolina, Mr. Quigley, Mr. Raskin, Miss Rice of New 
 York, Mr. Rouda, Ms. Roybal-Allard, Mr. Ruppersberger, Mr. Rush, Mr. 
    Ryan, Ms. Sanchez, Ms. Scanlon, Ms. Schakowsky, Mr. Schiff, Mr. 
   Schneider, Ms. Schrier, Mr. Scott of Virginia, Mr. David Scott of 
   Georgia, Mr. Serrano, Ms. Shalala, Mr. Sherman, Ms. Sherrill, Mr. 
 Sires, Mr. Smith of Washington, Mr. Soto, Ms. Spanberger, Ms. Speier, 
  Mr. Suozzi, Mr. Swalwell of California, Mr. Takano, Mr. Thompson of 
     Mississippi, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mrs. Torres of 
 California, Mrs. Trahan, Mr. Vela, Ms. Wasserman Schultz, Mrs. Watson 
  Coleman, Mr. Welch, Ms. Wild, Ms. Wilson of Florida, Mr. Case, Mr. 
  Casten of Illinois, Ms. Castor of Florida, Mr. Cohen, Ms. Davids of 
Kansas, Mr. DeSaulnier, Ms. Finkenauer, Mrs. Fletcher, Mr. Foster, Mr. 
   Cuellar, Mr. Crow, Ms. Fudge, Mr. Kildee, Mr. Kind, Mr. Levin of 
   Michigan, Mr. Levin of California, Mr. Loebsack, Ms. Lofgren, Mr. 
    Neguse, Mr. McNerney, Mr. Phillips, Ms. Pingree, Mr. Ruiz, Mr. 
   Sarbanes, Ms. Slotkin, Mr. Stanton, Ms. Stevens, Mr. Thompson of 
 California, Ms. Underwood, Mr. Veasey, Ms. Velazquez, Ms. Waters, Ms. 
Wexton, Ms. Porter, Mr. Vargas, Mr. Garcia of Illinois, Mr. Gonzalez of 
  Texas, Mr. Trone, Mr. Courtney, Ms. Kendra S. Horn of Oklahoma, Ms. 
    Barragan, Mrs. Davis of California, Mr. Evans, Ms. Frankel, Mr. 
   Grijalva, Mrs. Hayes, Mr. Nadler, Mr. Kennedy, and Ms. Houlahan) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

                           November 29, 2019

  Additional sponsors: Mr. Yarmuth, Mrs. Lee of Nevada, Mr. Kim, Ms. 
Garcia of Texas, Mr. Carbajal, Mr. DeFazio, Mr. O'Halleran, Mr. Rose of 
 New York, Mr. Payne, Mrs. Luria, Mrs. Axne, Mr. Neal, Mr. Malinowski, 
 Mr. Langevin, Ms. Gabbard, Ms. Kaptur, Mr. Visclosky, Mr. Correa, Mr. 
     Schrader, Ms. Torres Small of New Mexico, Mr. Golden, and Mr. 
                               Cunningham


                           November 29, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 26, 2019]


_______________________________________________________________________

                                 A BILL


 
   To amend the Voting Rights Act of 1965 to revise the criteria for 
  determining which States and political subdivisions are subject to 
             section 4 of the Act, and for other purposes.


 


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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voting Rights Advancement Act of 
2019''.

SEC. 2. 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. 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 (52 U.S.C. 10303(b)) is amended to read as follows:
    ``(b) Determination of States and Political Subdivisions Subject to 
Requirements.--
            ``(1) Existence of voting rights violations during previous 
        25 years.--
                    ``(A) Statewide application.--Subsection (a) 
                applies with respect to a State and all political 
                subdivisions within the State during a calendar year 
                if--
                            ``(i) 15 or more voting rights violations 
                        occurred in the State during the previous 25 
                        calendar years; or
                            ``(ii) 10 or more voting rights violations 
                        occurred in the State during the previous 25 
                        calendar years, at least one of which was 
                        committed by the State itself (as opposed to a 
                        political subdivision within the State).
                    ``(B) Application to specific political 
                subdivisions.--Subsection (a) applies with respect to a 
                political subdivision as a separate unit during a 
                calendar year if 3 or more voting rights violations 
                occurred in the subdivision during the previous 25 
                calendar years.
            ``(2) Period of application.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if, pursuant to paragraph (1), 
                subsection (a) applies with respect to a State or 
                political subdivision during a calendar year, 
                subsection (a) shall apply with respect to such State 
                or political subdivision for the period--
                            ``(i) that begins on January 1 of the year 
                        in which subsection (a) applies; and
                            ``(ii) that ends on the date which is 10 
                        years after the date described in clause (i).
                    ``(B) No further application after declaratory 
                judgment.--
                            ``(i) States.--If a State obtains a 
                        declaratory judgment under subsection (a), and 
                        the judgment remains in effect, subsection (a) 
                        shall no longer apply to such State pursuant to 
                        paragraph (1)(A) unless, after the issuance of 
                        the declaratory judgment, paragraph (1)(A) 
                        applies to the State solely on the basis of 
                        voting rights violations occurring after the 
                        issuance of the declaratory judgment.
                            ``(ii) Political subdivisions.--If a 
                        political subdivision obtains a declaratory 
                        judgment under subsection (a), and the judgment 
                        remains in effect, subsection (a) shall no 
                        longer apply to such political subdivision 
                        pursuant to paragraph (1), including pursuant 
                        to paragraph (1)(A) (relating to the statewide 
                        application of subsection (a)), unless, after 
                        the issuance of the declaratory judgment, 
                        paragraph (1)(B) applies to the political 
                        subdivision solely on the basis of voting 
                        rights violations occurring after the issuance 
                        of the declaratory judgment.
            ``(3) Determination of voting rights violation.--For 
        purposes of paragraph (1), a voting rights violation occurred 
        in a State or political subdivision if any of the following 
        applies:
                    ``(A) Final judgment; violation of the 14th or 15th 
                amendment.--In a final judgment (which has not been 
                reversed on appeal), any court of the United States has 
                determined that a denial or abridgement of the right of 
                any citizen of the United States to vote on account of 
                race, color, or membership in a language minority 
                group, in violation of the 14th or 15th Amendment, 
                occurred anywhere within the State or subdivision.
                    ``(B) Final judgment; violations of this act.--In a 
                final judgment (which has not been reversed on appeal), 
                any court of the United States has determined that a 
                voting qualification or prerequisite to voting or 
                standard, practice, or procedure with respect to voting 
                was imposed or applied or would have been imposed or 
                applied anywhere within the State or subdivision in a 
                manner that resulted or would have resulted in a denial 
                or abridgement of the right of any citizen of the 
                United States to vote on account of race, color, or 
                membership in a language minority group, in violation 
                of subsection (e) or (f), or section 2 or 203 of this 
                Act.
                    ``(C) Final judgment; denial of declaratory 
                judgment.--In a final judgment (which has not been 
                reversed on appeal), any court of the United States has 
                denied the request of the State or subdivision for a 
                declaratory judgment under section 3(c) or section 5, 
                and thereby prevented a voting qualification or 
                prerequisite to voting or standard, practice, or 
                procedure with respect to voting from being enforced 
                anywhere within the State or subdivision.
                    ``(D) Objection by the attorney general.--The 
                Attorney General has interposed an objection under 
                section 3(c) or section 5 (and the objection has not 
                been overturned by a final judgment of a court or 
                withdrawn by the Attorney General), and thereby 
                prevented a voting qualification or prerequisite to 
                voting or standard, practice, or procedure with respect 
                to voting from being enforced anywhere within the State 
                or subdivision.
                    ``(E) Consent decree, settlement, or other 
                agreement.--A consent decree, settlement, or other 
                agreement was entered into, which resulted in the 
                alteration or abandonment of a voting practice anywhere 
                in the territory of such State that was challenged on 
                the ground that the practice denied or abridged the 
                right of any citizen of the United States to vote on 
                account of race, color, or membership in a language 
                minority group in violation of subsection (e) or (f), 
                or section 2 or 203 of this Act, or the 14th or 15th 
                Amendment.
            ``(4) Timing of determinations.--
                    ``(A) Determinations of voting rights violations.--
                As early as practicable during each calendar year, the 
                Attorney General shall make the determinations required 
                by this subsection, including updating the list of 
                voting rights violations occurring in each State and 
                political subdivision for the previous calendar year.
                    ``(B) Effective upon publication in federal 
                register.--A determination or certification of the 
                Attorney General under this section or under section 8 
                or 13 shall be effective upon publication in the 
                Federal Register.''.
            (2) Conforming amendments.--Section 4(a) of such Act (52 
        U.S.C. 10303(a)) is amended--
                    (A) in paragraph (1), in the first sentence of the 
                matter preceding subparagraph (A), by striking ``any 
                State with respect to which'' and all that follows 
                through ``unless'' and inserting ``any State to which 
                this subsection applies during a calendar year pursuant 
                to determinations made under subsection (b), or in any 
                political subdivision of such State (as such 
                subdivision existed on the date such determinations 
                were made with respect to such State), though such 
                determinations were not made with respect to such 
                subdivision as a separate unit, or in any political 
                subdivision with respect to which this subsection 
                applies during a calendar year pursuant to 
                determinations made with respect to such subdivision as 
                a separate unit under subsection (b), unless'';
                    (B) in paragraph (1) in the matter preceding 
                subparagraph (A), by striking the second sentence;
                    (C) in paragraph (1)(A), by striking ``(in the case 
                of a State or subdivision seeking a declaratory 
                judgment under the second sentence of this 
                subsection)'';
                    (D) in paragraph (1)(B), by striking ``(in the case 
                of a State or subdivision seeking a declaratory 
                judgment under the second sentence of this 
                subsection)'';
                    (E) in paragraph (3), by striking ``(in the case of 
                a State or subdivision seeking a declaratory judgment 
                under the second sentence of this subsection)'';
                    (F) in paragraph (5), by striking ``(in the case of 
                a State or subdivision which sought a declaratory 
                judgment under the second sentence of this 
                subsection)'';
                    (G) by striking paragraphs (7) and (8); and
                    (H) by redesignating paragraph (9) as paragraph 
                (7).
    (b) Clarification of Treatment of Members of Language Minority 
Groups.--Section 4(a)(1) of such Act (52 U.S.C. 10303(a)(1)) is amended 
by striking ``race or color,'' and inserting ``race, color, or in 
contravention of the guarantees of subsection (f)(2),''.

SEC. 4. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT TO 
              PRECLEARANCE FOR COVERED PRACTICES.

    The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is further 
amended by inserting after section 4 the following:

``SEC. 4A. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT 
              TO PRECLEARANCE FOR COVERED PRACTICES.

    ``(a) Practice-Based Preclearance.--
            ``(1) In general.--Each State and each political 
        subdivision shall--
                    ``(A) identify any newly enacted or adopted law, 
                regulation, or policy that includes a voting 
                qualification or prerequisite to voting, or a standard, 
                practice, or procedure with respect to voting, that is 
                a covered practice described in subsection (b); and
                    ``(B) ensure that no such covered practice is 
                implemented unless or until the State or political 
                subdivision, as the case may be, complies with 
                subsection (c).
            ``(2) Determinations of characteristics of voting-age 
        population.--
                    ``(A) In general.--As early as practicable during 
                each calendar year, the Attorney General, in 
                consultation with the Director of the Bureau of the 
                Census and the heads of other relevant offices of the 
                government, shall make the determinations required by 
                this section regarding voting-age populations and the 
                characteristics of such populations, and shall publish 
                a list of the States and political subdivisions to 
                which a voting-age population characteristic described 
                in subsection (b) applies.
                    ``(B) Publication in the federal register.--A 
                determination or certification of the Attorney General 
                under this paragraph shall be effective upon 
                publication in the Federal Register.
    ``(b) Covered Practices.--To assure that the right of citizens of 
the United States to vote is not denied or abridged on account of race, 
color, or membership in a language minority group as a result of the 
implementation of certain qualifications or prerequisites to voting, or 
standards, practices, or procedures with respect to voting newly 
adopted in a State or political subdivision, the following shall be 
covered practices subject to the requirements described in subsection 
(a):
            ``(1) Changes to method of election.--Any change to the 
        method of election--
                    ``(A) to add seats elected at-large in a State or 
                political subdivision where--
                            ``(i) 2 or more racial groups or language 
                        minority groups each represent 20 percent or 
                        more of the political subdivision's voting-age 
                        population; or
                            ``(ii) a single language minority group 
                        represents 20 percent or more of the voting-age 
                        population on Indian lands located in whole or 
                        in part in the political subdivision; or
                    ``(B) to convert one or more seats elected from a 
                single-member district to one or more at-large seats or 
                seats from a multi-member district in a State or 
                political subdivision where--
                            ``(i) 2 or more racial groups or language 
                        minority groups each represent 20 percent or 
                        more of the political subdivision's voting-age 
                        population; or
                            ``(ii) a single language minority group 
                        represents 20 percent or more of the voting-age 
                        population on Indian lands located in whole or 
                        in part in the political subdivision.
            ``(2) Changes to jurisdiction boundaries.--Any change or 
        series of changes within a year to the boundaries of a 
        jurisdiction that reduces by 3 or more percentage points the 
        proportion of the jurisdiction's voting-age population that is 
        comprised of members of a single racial group or language 
        minority group in a State or political subdivision where--
                    ``(A) 2 or more racial groups or language minority 
                groups each represent 20 percent or more of the 
                political subdivision's voting-age population; or
                    ``(B) a single language minority group represents 
                20 percent or more of the voting-age population on 
                Indian lands located in whole or in part in the 
                political subdivision.
            ``(3) Changes through redistricting.--Any change to the 
        boundaries of election districts in a State or political 
        subdivision where any racial group or language minority group 
        experiences a population increase, over the preceding decade 
        (as calculated by the Bureau of the Census under the most 
        recent decennial census), of at least--
                    ``(A) 10,000; or
                    ``(B) 20 percent of voting-age population of the 
                State or political subdivision, as the case may be.
            ``(4) Changes in documentation or qualifications to vote.--
        Any change to requirements for documentation or proof of 
        identity to vote such that the requirements will exceed or be 
        more stringent than the requirements for voting that are 
        described in section 303(b) of the Help America Vote Act of 
        2002 (52 U.S.C. 21083(b)) or any change to the requirements for 
        documentation or proof of identity to register to vote that 
        will exceed or be more stringent than such requirements under 
        State law on the day before the date of enactment of the Voting 
        Rights Advancement Act of 2019.
            ``(5) Changes to multilingual voting materials.--Any change 
        that reduces multilingual voting materials or alters the manner 
        in which such materials are provided or distributed, where no 
        similar reduction or alteration occurs in materials provided in 
        English for such election.
            ``(6) Changes that reduce, consolidate, or relocate voting 
        locations.--Any change that reduces, consolidates, or relocates 
        voting locations, including early, absentee, and election-day 
        voting locations--
                    ``(A) in 1 or more census tracts wherein 2 or more 
                language minority groups or racial groups each 
                represent 20 percent or more of the voting-age 
                population of the political subdivision; or
                    ``(B) on Indian lands wherein at least 20 percent 
                of the voting-age population belongs to a single 
                language minority group.
    ``(c) Preclearance.--
            ``(1) In general.--Whenever a State or political 
        subdivision with respect to which the requirements set forth in 
        subsection (a) are in effect shall enact, adopt, or seek to 
        implement any covered practice described under subsection (b), 
        such State or subdivision may institute an action in the United 
        States District Court for the District of Columbia for a 
        declaratory judgment that such covered practice neither has the 
        purpose nor will have the effect of denying or abridging the 
        right to vote on account of race, color, or membership in a 
        language minority group, and unless and until the court enters 
        such judgment such covered practice shall not be implemented. 
        Notwithstanding the previous sentence, such covered practice 
        may be implemented without such proceeding if the covered 
        practice has been submitted by the chief legal officer or other 
        appropriate official of such State or subdivision to the 
        Attorney General and the Attorney General has not interposed an 
        objection within 60 days after such submission, or upon good 
        cause shown, to facilitate an expedited approval within 60 days 
        after such submission, the Attorney General has affirmatively 
        indicated that such objection will not be made. Neither an 
        affirmative indication by the Attorney General that no 
        objection will be made, nor the Attorney General's failure to 
        object, nor a declaratory judgment entered under this section 
        shall bar a subsequent action to enjoin implementation of such 
        covered practice. In the event the Attorney General 
        affirmatively indicates that no objection will be made within 
        the 60-day period following receipt of a submission, the 
        Attorney General may reserve the right to reexamine the 
        submission if additional information comes to the Attorney 
        General's attention during the remainder of the 60-day period 
        which would otherwise require objection in accordance with this 
        section. Any action under this section shall be heard and 
        determined by a court of three judges in accordance with the 
        provisions of section 2284 of title 28, United States Code, and 
        any appeal shall lie to the Supreme Court.
            ``(2) Denying or abridging the right to vote.--Any covered 
        practice described in subsection (b) that has the purpose of or 
        will have the effect of diminishing the ability of any citizens 
        of the United States on account of race, color, or membership 
        in a language minority group, to elect their preferred 
        candidates of choice denies or abridges the right to vote 
        within the meaning of paragraph (1) of this subsection.
            ``(3) Purpose defined.--The term `purpose' in paragraphs 
        (1) and (2) of this subsection shall include any discriminatory 
        purpose.
            ``(4) Purpose of paragraph (2).--The purpose of paragraph 
        (2) of this subsection is to protect the ability of such 
        citizens to elect their preferred candidates of choice.
    ``(d) Enforcement.--The Attorney General or any aggrieved citizen 
may file an action in a Federal district court to compel any State or 
political subdivision to satisfy the obligations set forth in this 
section. Such actions shall be heard and determined by a court of 3 
judges under section 2284 of title 28, United States Code. In any such 
action, the court shall provide as a remedy that any voting 
qualification or prerequisite to voting, or standard, practice, or 
procedure with respect to voting, that is the subject of the action 
under this subsection be enjoined unless the court determines that--
            ``(1) the voting qualification or prerequisite to voting, 
        or standard, practice, or procedure with respect to voting, is 
        not a covered practice described in subsection (b); or
            ``(2) the State or political subdivision has complied with 
        subsection (c) with respect to the covered practice at issue.
    ``(e) Counting of Racial Groups and Language Minority Groups.--For 
purposes of this section, the calculation of the population of a racial 
group or a language minority group shall be carried out using the 
methodology in the guidance promulgated in the Federal Register on 
February 9, 2011 (76 Fed. Reg. 7470).
    ``(f) Special Rule.--For purposes of determinations under this 
section, any data provided by the Bureau of the Census, whether based 
on estimation from sample or actual enumeration, shall not be subject 
to challenge or review in any court.
    ``(g) Multilingual Voting Materials.--In this section, the term 
`multilingual voting materials' means registration or voting notices, 
forms, instructions, assistance, or other materials or information 
relating to the electoral process, including ballots, provided in the 
language or languages of one or more language minority groups.''.

SEC. 5. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT.

    (a) Transparency.--
            (1) In general.--The Voting Rights Act of 1965 (52 U.S.C. 
        10301 et seq.) is amended by inserting after section 5 the 
        following new section:

``SEC. 6. TRANSPARENCY REGARDING CHANGES TO PROTECT VOTING RIGHTS.

    ``(a) Notice of Enacted Changes.--
            ``(1) Notice of changes.--If a State or political 
        subdivision makes any change in any prerequisite to voting or 
        standard, practice, or procedure with respect to voting in any 
        election for Federal office that will result in the 
        prerequisite, standard, practice, or procedure being different 
        from that which was in effect as of 180 days before the date of 
        the election for Federal office, the State or political 
        subdivision shall provide reasonable public notice in such 
        State or political subdivision and on the Internet, of a 
        concise description of the change, including the difference 
        between the changed prerequisite, standard, practice, or 
        procedure and the prerequisite, standard, practice, or 
        procedure which was previously in effect. The public notice 
        described in this paragraph, in such State or political 
        subdivision and on the Internet, shall be in a format that is 
        reasonably convenient and accessible to voters with 
        disabilities, including voters who have low vision or are 
        blind.
            ``(2) Deadline for notice.--A State or political 
        subdivision shall provide the public notice required under 
        paragraph (1) not later than 48 hours after making the change 
        involved.
    ``(b) Transparency Regarding Polling Place Resources.--
            ``(1) In general.--In order to identify any changes that 
        may impact the right to vote of any person, prior to the 30th 
        day before the date of an election for Federal office, each 
        State or political subdivision with responsibility for 
        allocating registered voters, voting machines, and official 
        poll workers to particular precincts and polling places shall 
        provide reasonable public notice in such State or political 
        subdivision and on the Internet, of the information described 
        in paragraph (2) for precincts and polling places within such 
        State or political subdivision. The public notice described in 
        this paragraph, in such State or political subdivision and on 
        the Internet, shall be in a format that is reasonably 
        convenient and accessible to voters with disabilities including 
        voters who have low vision or are blind.
            ``(2) Information described.--The information described in 
        this paragraph with respect to a precinct or polling place is 
        each of the following:
                    ``(A) The name or number.
                    ``(B) In the case of a polling place, the location, 
                including the street address, and whether such polling 
                place is accessible to persons with disabilities.
                    ``(C) The voting-age population of the area served 
                by the precinct or polling place, broken down by 
                demographic group if such breakdown is reasonably 
                available to such State or political subdivision.
                    ``(D) The number of registered voters assigned to 
                the precinct or polling place, broken down by 
                demographic group if such breakdown is reasonably 
                available to such State or political subdivision.
                    ``(E) The number of voting machines assigned, 
                including the number of voting machines accessible to 
                voters with disabilities, including voters who have low 
                vision or are blind.
                    ``(F) The number of official paid poll workers 
                assigned.
                    ``(G) The number of official volunteer poll workers 
                assigned.
                    ``(H) In the case of a polling place, the dates and 
                hours of operation.
            ``(3) Updates in information reported.--If a State or 
        political subdivision makes any change in any of the 
        information described in paragraph (2), the State or political 
        subdivision shall provide reasonable public notice in such 
        State or political subdivision and on the Internet, of the 
        change in the information not later than 48 hours after the 
        change occurs or, if the change occurs fewer than 48 hours 
        before the date of the election for Federal office, as soon as 
        practicable after the change occurs. The public notice 
        described in this paragraph in such State or political 
        subdivision and on the Internet shall be in a format that is 
        reasonably convenient and accessible to voters with 
        disabilities including voters who have low vision or are blind.
    ``(c) Transparency of Changes Relating to Demographics and 
Electoral Districts.--
            ``(1) Requiring public notice of changes.--Not later than 
        10 days after making any change in the constituency that will 
        participate in an election for Federal, State, or local office 
        or the boundaries of a voting unit or electoral district in an 
        election for Federal, State, or local office (including through 
        redistricting, reapportionment, changing from at-large 
        elections to district-based elections, or changing from 
        district-based elections to at-large elections), a State or 
        political subdivision shall provide reasonable public notice in 
        such State or political subdivision and on the Internet, of the 
        demographic and electoral data described in paragraph (3) for 
        each of the geographic areas described in paragraph (2).
            ``(2) Geographic areas described.--The geographic areas 
        described in this paragraph are as follows:
                    ``(A) The State as a whole, if the change applies 
                statewide, or the political subdivision as a whole, if 
                the change applies across the entire political 
                subdivision.
                    ``(B) If the change includes a plan to replace or 
                eliminate voting units or electoral districts, each 
                voting unit or electoral district that will be replaced 
                or eliminated.
                    ``(C) If the change includes a plan to establish 
                new voting units or electoral districts, each such new 
                voting unit or electoral district.
            ``(3) Demographic and electoral data.--The demographic and 
        electoral data described in this paragraph with respect to a 
        geographic area described in paragraph (2) are each of the 
        following:
                    ``(A) The voting-age population, broken down by 
                demographic group.
                    ``(B) If it is reasonably available to the State or 
                political subdivision involved, an estimate of the 
                population of the area which consists of citizens of 
                the United States who are 18 years of age or older, 
                broken down by demographic group.
                    ``(C) The number of registered voters, broken down 
                by demographic group if such breakdown is reasonably 
                available to the State or political subdivision 
                involved.
                    ``(D)(i) If the change applies to a State, the 
                actual number of votes, or (if it is not reasonably 
                practicable for the State to ascertain the actual 
                number of votes) the estimated number of votes received 
                by each candidate in each statewide election held 
                during the 5-year period which ends on the date the 
                change involved is made; and
                    ``(ii) if the change applies to only one political 
                subdivision, the actual number of votes, or (if it is 
                not reasonably practicable for the political 
                subdivision to ascertain the actual number of votes) in 
                each subdivision-wide election held during the 5-year 
                period which ends on the date the change involved is 
                made.
            ``(4) Voluntary compliance by smaller jurisdictions.--
        Compliance with this subsection shall be voluntary for a 
        political subdivision of a State unless the subdivision is one 
        of the following:
                    ``(A) A county or parish.
                    ``(B) A municipality with a population greater than 
                10,000, as determined by the Bureau of the Census under 
                the most recent decennial census.
                    ``(C) A school district with a population greater 
                than 10,000, as determined by the Bureau of the Census 
                under the most recent decennial census. For purposes of 
                this subparagraph, the term `school district' means the 
                geographic area under the jurisdiction of a local 
                educational agency (as defined in section 9101 of the 
                Elementary and Secondary Education Act of 1965).
    ``(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, 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.''.
            (2) Conforming amendment.--Section 3(a) of such Act (52 
        U.S.C. 10302(a)) is amended by striking ``in accordance with 
        section 6''.
    (b) Effective Date.--The amendment made by subsection (a)(1) shall 
apply with respect to changes which are made on or after the expiration 
of the 60-day period which begins on the date of the enactment of this 
Act.

SEC. 6. 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, two ems to the left.

SEC. 7. PRELIMINARY INJUNCTIVE RELIEF.

    (a) Clarification of Scope and Persons Authorized To Seek Relief.--
Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)) is 
amended--
            (1) by striking ``section 2, 3, 4, 5, 7, 10, 11, or 
        subsection (b) of this section'' and inserting ``the 14th or 
        15th Amendment, this Act, or any Federal voting rights law that 
        prohibits discrimination on the basis of race, color, or 
        membership in a language minority group''; and
            (2) by striking ``the Attorney General may institute for 
        the United States, or in the name of the United States,'' and 
        inserting ``the aggrieved person or (in the name of the United 
        States) the Attorney General may institute''.
    (b) Grounds for Granting Relief.--Section 12(d) of such Act (52 
U.S.C. 10308(d)) is amended--
            (1) by striking ``(d) Whenever any person'' and inserting 
        ``(d)(1) Whenever any person'';
            (2) by striking ``(1) to permit'' and inserting ``(A) to 
        permit'';
            (3) by striking ``(2) to count'' and inserting ``(B) to 
        count''; and
            (4) by adding at the end the following new paragraph:
    ``(2)(A) In any action for preliminary relief described in this 
subsection, the court shall grant the relief if the court determines 
that the complainant has raised a serious question whether the 
challenged voting qualification or prerequisite to voting or standard, 
practice, or procedure violates this Act or the Constitution and, on 
balance, the hardship imposed upon the defendant by the grant of the 
relief will be less than the hardship which would be imposed upon the 
plaintiff if the relief were not granted. In balancing the harms, the 
court shall give due weight to the fundamental right to cast an 
effective ballot.
    ``(B) In making its determination under this paragraph with respect 
to a change in any voting qualification, prerequisite to voting, or 
standard, practice, or procedure with respect to voting, the court 
shall consider all relevant factors and give due weight to the 
following factors, if they are present:
            ``(i) Whether the qualification, prerequisite, standard, 
        practice, or procedure in effect prior to the change was 
        adopted as a remedy for a Federal court judgment, consent 
        decree, or admission regarding--
                    ``(I) discrimination on the basis of race or color 
                in violation of the 14th or 15th Amendment;
                    ``(II) a violation of this Act; or
                    ``(III) voting discrimination on the basis of race, 
                color, or membership in a language minority group in 
                violation of any other Federal or State law.
            ``(ii) Whether the qualification, prerequisite, standard, 
        practice, or procedure in effect prior to the change served as 
        a ground for the dismissal or settlement of a claim alleging--
                    ``(I) discrimination on the basis of race or color 
                in violation of the 14th or 15th Amendment;
                    ``(II) a violation of this Act; or
                    ``(III) voting discrimination on the basis of race, 
                color, or membership in a language minority group in 
                violation of any other Federal or State law.
            ``(iii) Whether the change was adopted fewer than 180 days 
        before the date of the election with respect to which the 
        change is to take effect.
            ``(iv) Whether the defendant has failed to provide timely 
        or complete notice of the adoption of the change as required by 
        applicable Federal or State law.''.
    (c) Grounds for Stay or Interlocutory Appeal.--Section 12(d) of 
such Act (52 U.S.C. 10308(d)) is further amended by adding at the end 
the following:
    ``(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 U.S. 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. 8. 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.
            ``(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.
            ``(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. 9. 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 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. 10. 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, 2019; 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, 2019.''.
                                                 Union Calendar No. 258

116th CONGRESS

  1st Session

                                H. R. 4

                          [Report No. 116-317]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 29, 2019

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed