[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8053 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8053

     To enforce the Twenty-sixth Amendment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 14, 2020

 Mr. Pappas (for himself, Mr. Neguse, Mr. Gallego, Ms. Meng, and Mrs. 
Murphy of Florida) introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To enforce the Twenty-sixth Amendment, 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 ``Protect the Youth Vote Act of 
2020''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The right to vote is a fundamental right of citizens of 
        the United States.
            (2) The Twenty-sixth Amendment of the United States 
        Constitution guarantees that ``The right of citizens of the 
        United States, who are eighteen years of age or older, to vote 
        shall not be denied or abridged by the United States or by any 
        State on account of age.''.
            (3) The Twenty-sixth Amendment of the United States 
        Constitution grants Congress the power to enforce the Amendment 
        by appropriate legislation.
            (4) The language of the Twenty-sixth Amendment closely 
        mirrors that of the Fifteenth Amendment and the Nineteenth 
        Amendment. Like those Amendments, the Twenty-sixth Amendment 
        not only prohibits denial of the right to vote but also 
        prohibits any actions that abridge the right to vote.
            (5) Youth voter suppression undercuts participation in our 
        democracy by introducing arduous obstacles to new voters and 
        discouraging a culture of democratic engagement.
            (6) Voting is habit forming, and allowing youth voters 
        unobstructed access to voting ensures that more Americans will 
        start a life-long habit of voting as soon as possible.
            (7) Youth voter suppression is a clear, persistent, and 
        growing problem. The actions of States and political 
        subdivisions resulting in at least four findings of Twenty-
        sixth Amendment violations as well as pending litigation 
        demonstrate the need for Congress to take action to enforce the 
        Twenty-sixth Amendment.
            (8) In League of Women Voters of Florida, Inc. v. Detzner 
        (2018), the United States District Court in the Northern 
        District of Florida found that the Secretary of State's actions 
        that prevented in-person early voting sites from being located 
        on university property revealed a stark pattern of 
        discrimination that was unexplainable on grounds other than age 
        and thus violated university students' Twenty-sixth Amendment 
        rights.
            (9) In 2019, Michigan agreed to a settlement to enhance 
        college-age voters' access after a Twenty-sixth Amendment 
        challenge was filed in federal court. The challenge prompted 
        the removal of a Michigan voting law which required first time 
        voters who registered by mail or through a third-party voter 
        registration drive to vote in person for the first time, as 
        well as the removal of another law which required the address 
        listed on a voter's driver license to match the address listed 
        on their voter registration card.
            (10) Youth voter suppression tactics are often linked to 
        other tactics aimed at minority voters. For example, students 
        at Prairie View A&M University (PVAMU), a historically black 
        university in Texas, have been the targets of voter suppression 
        tactics for decades. Before the 2018 election, PVAMU students 
        sued Waller County on the basis of both racial and age 
        discrimination over the County's failure to ensure equal early 
        voting opportunities for students, spurring the County to 
        reverse course and expand early voting access for students.
            (11) The more than 25 million United States citizens ages 
        18-24 deserve equal opportunity to participate in the electoral 
        process as guaranteed by the Twenty-sixth Amendment.

SEC. 3. PREVENTING AGE DISCRIMINATION IN VOTING.

    (a) Right to Vote.--No voting qualification or prerequisite to 
voting or standard, practice, or procedure shall be imposed or applied 
by any State or political subdivision in a manner which results in a 
denial or abridgement of the right of any citizen of the United States 
to vote on account of age, as provided in subsection (b).
    (b) Violation of Right To Vote.--
            (1) In general.--A violation of subsection (a) is 
        established if, based on the totality of circumstances, it is 
        shown that the political processes leading to nomination or 
        election in the State or political subdivision are not equally 
        open to participation by members of a class of citizens 
        protected by subsection (a) in that its members have less 
        opportunity than other members of the electorate to participate 
        in the political process and to elect representatives of their 
        choice: Provided, That nothing in this section establishes a 
        right to have members of a protected class under subsection (a) 
        elected in numbers equal to their proportion in the population.
            (2) Violations.--A violation under subsection (a) shall 
        include:
                    (A) Laws or requirements implemented in a State or 
                political subdivision that reduce or abridge the 
                ability for students who attend an institution of 
                higher education and reside in the jurisdiction of the 
                institution while attending the institution to register 
                to vote in elections in that jurisdiction.
                    (B) Addition of seats elected at-large in a State 
                or political subdivision or conversion of 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 with a 
                significant proportion of youth age voters.
                    (C) Boundaries of a political subdivision designed 
                to reduce the proportion of the political subdivision's 
                voting-age population that is comprised of youth age 
                voters in a State or political subdivision with a 
                significant proportion of youth age voters.
                    (D) Requirements for documentation or proof of 
                identity to vote that exceed or are 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 other requirements for 
                documentation or proof of identity to vote that have 
                the purpose or effect of denying or abridging the right 
                to vote on account of age.
                    (E) Reduction of voting materials or alternation of 
                the manner in which such materials are provided or 
                distributed at institutions of higher education, where 
                no similar reduction or alteration occurs in materials 
                provided at other sites for such election.
                    (F) Any reduction, consolidation, or relocation of 
                voting locations, including early, absentee, and 
                election day voting locations in a single political 
                subdivision with a significant proportion of youth age 
                voters.

SEC. 4. FEDERAL OBSERVERS TO PREVENT AGE DISCRIMINATION.

    (a) Federal Observers.--Whenever the Attorney General or an 
aggrieved person institutes a proceeding under any statute to enforce 
the voting guarantees of the Twenty-sixth Amendment in any State or 
political subdivision the court shall authorize the appointment of 
Federal observers by the United States Office of Personnel Management 
to serve for such period of time and for such political subdivisions as 
the court shall determine is appropriate to enforce the voting 
guarantees of the Twenty-sixth Amendment (1) as part of any 
interlocutory order if the court determines that the appointment of 
such observers is necessary to enforce such voting guarantees or (2) as 
part of any final judgment if the court finds that violations of the 
Twenty-sixth Amendment, violations of this Act, or violations of any 
Federal law that prohibits discrimination in voting on the basis of 
age, justifying equitable relief have occurred in such State or 
subdivision: Provided, That the court need not authorize the 
appointment of observers if any incidents of denial or abridgement of 
the right to vote on account of age, (1) have been few in number and 
have been promptly and effectively corrected by State or local action, 
(2) the continuing effect of such incidents has been eliminated, and 
(3) there is no reasonable probability of their recurrence in the 
future.
    (b) Jurisdiction.--If any action under any statute in which a party 
(including the Attorney General) seeks to enforce the voting guarantees 
of the Twenty-sixth Amendment in any State or political subdivision the 
court finds that violations of the Twenty-sixth Amendment, violations 
of this Act, or violations of any Federal law that prohibits 
discrimination in voting on the basis of age, justifying equitable 
relief have occurred within the territory of such State or political 
subdivision, the court, in addition to such relief as it may grant, 
shall retain jurisdiction for such period as it may deem appropriate 
and during such period no voting qualification or prerequisite to 
voting, or standard, practice, or procedure with respect to voting 
different from that in force or effect at the time the action was 
commenced shall be enforced unless and until the court finds that such 
qualification, prerequisite, standard, practice, or procedure does not 
have the purpose and will not have the effect of denying or abridging 
the right to vote on account of age: Provided, That such qualification, 
prerequisite, standard, practice, or procedure may be enforced if the 
qualification, prerequisite, standard, practice, or procedure 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 sixty days after such 
submission, except that neither the court's finding nor the Attorney 
General's failure to object shall bar a subsequent action to enjoin 
enforcement of such qualification, prerequisite, standard, practice, or 
procedure.
    (c) Enforcement by Attorney General.--The Attorney General is 
authorized to monitor and enforce the voting guarantees of the Twenty-
sixth Amendment, violations of this Act, or violations of any Federal 
law that prohibits discrimination in voting on the basis of age, 
whenever Federal observers are appointed under any provision of Federal 
law.

SEC. 5. DETERMINATION OF VOTING RIGHTS VIOLATION.

    For purposes of this Act, a voting rights violation occurred in a 
State or political subdivision if any of the following applies:
            (1) Final judgement; violation of twenty-sixth 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 age, in violation of the Twenty-sixth 
        Amendment, occurred anywhere within the State or subdivision.
            (2) Final judgement; 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 age, in violation of section 3.
            (3) Final judgement; denial of declaratory judgement.--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(b), 
        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.
            (4) Objection by attorney general.--The Attorney General 
        has interposed an objection under section 3(b) (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.
            (5) Timing of determinations.--
                    (A) Determinations of voting rights violations.--
                            (i) In general.--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.
                            (ii) Publication.--The Attorney General 
                        shall make the list required under clause (i) 
                        public on the internet website of the 
                        Department of Justice.
                    (B) Federal register publication.--A determination 
                or certification of the Attorney General under this 
                section shall be effective upon publication in the 
                Federal Register.

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 of such polling place.
            (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, disaggregated by age 
                group.
                    (B) The number of voting-age students.
                    (C) 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, 
                disaggregated by age group and status as a student.
                    (D) The number of registered voters, disaggregated 
                by age group and status as a student if such breakdown 
                is reasonably available to the State or political 
                subdivision involved.
                    (E) If the change applies--
                            (i) 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) 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 jurisdiction.--
                    (A) In general.--Compliance with this subsection 
                shall be voluntary for a political subdivision of a 
                State unless the subdivision is one of the following:
                            (i) A county or parish.
                            (ii) A municipality with a population 
                        greater than 10,000, as determined by the 
                        Bureau of the Census under the most recent 
                        decennial census.
                            (iii) A school district with a population 
                        greater than 10,000, as determined by the 
                        Bureau of the Census under the most recent 
                        decennial census.
                    (B) School district defined.--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.

SEC. 7. VOTING OFFENSES.

    (a) Permission To Vote.--No person acting under color of law shall 
fail or refuse to permit any person to vote who is entitled to vote 
under any provision of this Act or is otherwise qualified to vote, or 
willfully fail or refuse to tabulate, count and report such person's 
vote.
    (b) Intimidation.--No person, whether acting under color of law or 
otherwise, shall intimidate, threaten, or coerce, or attempt to 
intimidate, threaten, or coerce any person for voting or attempting to 
vote, or intimidate, threaten, or coerce, or attempt to intimidate, 
threaten, or coerce any person for urging or aiding any person to vote 
or attempt to vote, or intimidate, threaten, or coerce any person for 
exercising the right to vote.
    (c) False Information.--Whoever knowingly or willfully give false 
information as to their name, address, or period of residence in the 
voting district for the purpose of establishing his eligibility to 
register or vote, or conspires with another individual for the purpose 
of encouraging his false registration to vote or illegal voting, or 
pays or offers to pay or accepts payment either for registration to 
vote or for voting shall be fined not more than $5,000 or imprisoned 
not more than five years, or both: Provided, however, That this 
provision shall be applicable only to a general, special, or primary 
elections held solely or in part for the purpose of selecting or 
electing any candidate for the office of President, Vice President, 
presidential elector, Member of the United States Senate, Member of the 
United States House of Representatives, Delegate from the District of 
Columbia, Guam, Northern Mariana Islands, American Samoa, or the Virgin 
Islands, or Resident Commissioner of the Commonwealth of Puerto Rico.
    (d) Duplicative Voting.--
            (1) In general.--Whoever votes more than once in an 
        election referred to in paragraph (2) shall be fined not more 
        than $5,000 or imprisoned not more than five years, or both.
            (2) Applicable elections.--The prohibition of this 
        subsection applies with respect to any general, special, or 
        primary election held solely or in part for the purpose of 
        selecting or electing any candidate for the office of 
        President, Vice President, presidential elector, Member of the 
        United States Senate, Member of the United States House of 
        Representatives, Delegate from the District of Columbia, Guam, 
        Northern Mariana Islands, American Samoa, or the Virgin 
        Islands, or Resident Commissioner of the Commonwealth of Puerto 
        Rico.
            (3) Votes more than once defined.--As used in this 
        subsection, the term ``votes more than once'' does not include 
        the casting of an additional ballot if all prior ballots of 
        that voter were in validated, nor does it include the voting in 
        two jurisdictions under section 202 of the Voting Rights Act of 
        1965 (52 U.S.C. 10502), to the extent two ballots are not cast 
        for an election to the same candidacy or office.

SEC. 8. VOTING OFFENSES AND RELIEF.

    (a) Offense for Depriving Voting Rights.--Whoever shall deprive or 
attempt to deprive any person of any right secured by the Twenty-sixth 
Amendment, this Act, or any Federal voting rights law that prohibits 
discrimination on the basis of age, shall be fined not more than 
$5,000, or imprisoned not more than five years, or both.
    (b) Offense for Manipulation of Ballots.--Whoever, within a year 
following an election in a political subdivision in which an observer 
has been assigned (1) destroys, defaces, mutilates, or otherwise alters 
the marking of a paper ballot which has been cast in such election, or 
(2) alters any official record of voting in such election tabulated 
from a voting machine or otherwise, shall be fined not more than 
$5,000, or imprisoned not more than five years, or both.
    (c) Conspiracy.--Whoever conspires to violate the provisions of 
subsection (a) or (b) of this section, or interferes with any right 
secured by the Twenty-sixth Amendment, this Act, or any Federal voting 
rights law that prohibits discrimination on the basis of age shall be 
fined not more than $5,000, or imprisoned not more than five years, or 
both.
    (d) Preventative Relief.--
            (1) In general.--Whenever any person has engaged or there 
        are reasonable grounds to believe that any person is about to 
        engage in any act or practice prohibited by the Twenty-sixth 
        Amendment, this Act, or any Federal voting rights law that 
        prohibits discrimination on the basis of age, the aggrieved 
        person or (in the name of the United States) the Attorney 
        General may institute an action for preventative relief, 
        including an application for a temporary or permanent 
        injunction, restraining order, or other order, and including an 
        order directed to the State and State or local election 
        officials to require them--
                    (A) to permit persons listed under this Act to 
                vote; and
                    (B) to count such votes.
            (2) Preliminary relief.--
                    (A) In general.--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) Additional factors to be considered.--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 
                                age in violation of the Twenty-sixth 
                                Amendment;
                                    (II) a violation of this Act; or
                                    (III) voting discrimination on the 
                                basis of age 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 
                                age in violation of the Twenty-sixth 
                                Amendment;
                                    (II) a violation of this Act; or
                                    (III) voting discrimination on the 
                                basis of age 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 failed to 
                        provide timely or complete notice of the 
                        adoption of the change as required by 
                        applicable Federal or State law.
            (3) Public interest.--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 age 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.
    (e) Notification to Attorney General.--Whenever in any political 
subdivision in which there are observers appointed pursuant to this 
Act, a person alleges to such observer within forty-eight hours after 
the closing of the polls, that notwithstanding (1) their listing under 
this Act or registration by an appropriate election official and (2) 
their eligibility to vote, they have not been permitted to vote in such 
election, the observer shall forthwith notify the Attorney General if 
such allegations in the opinion of such observer appear to be well 
founded. Upon receipt of such notification the Attorney General may 
forthwith file with the district court an application for an order 
providing for the marking, casting, and counting of the ballots of such 
persons and requiring the inclusion of their votes in the total vote 
before the results of such election shall be deemed final and any force 
or effect given thereto. The district court shall hear and determine 
such matters immediately after the filing of such application. The 
remedy provided in this subsection shall not preclude any other remedy 
available under State or Federal law.
    (f) Jurisdiction of Proceedings.--The district courts of the United 
States shall have jurisdiction of proceedings instituted pursuant to 
this Act and shall exercise the same without regard to whether a person 
asserting rights under the provisions of this Act shall have exhausted 
any administrative or other remedies that may be provided by law.
    (g) Attorney's Fees.--In any action or proceeding to enforce the 
voting guarantees of the Twenty-sixth Amendment, the court, in its 
discretion, may allow the prevailing party, other than the United 
States, a reasonable attorney's fee, reasonable expert fees, and other 
reasonable litigation expenses, as part of the costs.

SEC. 9. SEVERABILITY.

    If any provision of this Act or the application of such provision 
to any person or circumstance is held invalid, the remainder of this 
Act and the application of such provision to other persons or 
circumstances shall not be affected thereby.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Age group.--The term ``age group'' means the number of 
        individuals who are 18 years or older, disaggregated by the 
        number of individuals in each five year age period.
            (2) Demographic group.--The term ``demographic group'' 
        means each group which section 3 protects from the denial or 
        abridgement of the right to vote on account of age.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (4) Election for federal office.--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.
            (5) Persons with disabilities.--the term ``persons with 
        disabilities'', means individuals with a disability, as defined 
        in section 3 of the Americans with Disabilities Act of 1990.
            (6) Student.--The term ``student'' means an individual who 
        is enrolled at the institution of higher education as an 
        undergraduate or graduate student on a full-time or part-time 
        basis, including an individual who is solely enrolled in an 
        online course.
            (7) 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, that consists of 
        persons 18 years of age or older, as calculated by the Bureau 
        of the Census under the most recent decennial census.
            (8) Youth age voter.--The term ``youth age voter'' means 
        any eligible voter under the age of 25 years old on the date of 
        the election in which such eligible voter is voting.
                                 <all>