[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4 Engrossed in House (EH)]

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117th CONGRESS
  1st Session
                                 H. R. 4

_______________________________________________________________________

                                 AN ACT


 
   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 ``John R. Lewis Voting Rights 
Advancement Act of 2021''.

SEC. 2. VOTE DILUTION, DENIAL, AND ABRIDGMENT CLAIMS.

    (a) In General.--Section 2(a) of the Voting Rights Act of 1965 (52 
U.S.C. 10301(a)) is amended--
            (1) by inserting after ``applied by any State or political 
        subdivision'' the following: ``for the purpose of, or''; and
            (2) by striking ``as provided in subsection (b)'' and 
        inserting ``as provided in subsection (b), (c), (d), or (f)''.
    (b) Vote Dilution.--Section 2(b) of such Act (52 U.S.C. 10301(b)) 
is amended--
            (1) by inserting after ``A violation of subsection (a)'' 
        the following: ``for vote dilution'';
            (2) by inserting after the period at the end the following: 
        ``For the purposes of this subsection:'';
            (3) by adding at the end the following new paragraphs:
            ``(1) To prevail in demonstrating that a representational, 
        districting, or apportionment scheme results in vote dilution, 
        a plaintiff shall, as a threshold matter, establish that--
                    ``(A) the members of the protected class are 
                sufficiently numerous and geographically compact to 
                constitute a majority in a single-member district;
                    ``(B) the members of the protected class are 
                politically cohesive; and
                    ``(C) the residents of that district who are not 
                the members of the protected class usually vote 
                sufficiently as a bloc to enable them to defeat the 
                preferred candidates of the members of the protected 
                class.
            ``(2) Upon a plaintiff establishing the required threshold 
        showing under paragraph (1), a court shall conduct a totality 
        of the circumstances analysis with respect to a claim of vote 
        dilution to determine whether there was a violation of 
        subsection (a), which shall include the following factors:
                    ``(A) The extent of any history of official voting 
                discrimination in the State or political subdivision 
                that affected the right of members of the protected 
                class to register, to vote, or otherwise to participate 
                in the political process.
                    ``(B) The extent to which voting in the elections 
                of the State or political subdivision is racially 
                polarized.
                    ``(C) The extent to which the State or political 
                subdivision has used voting practices or procedures 
                that tend to enhance the opportunity for discrimination 
                against the members of the protected class, such as 
                unusually large election districts, majority vote 
                requirements, anti-single shot provisions, or other 
                qualifications, prerequisites, standards, practices, or 
                procedures that may enhance the opportunity for 
                discrimination against the members of the protected 
                class.
                    ``(D) If there is a candidate slating process, 
                whether the members of the protected class have been 
                denied access to that process.
                    ``(E) The extent to which members of the protected 
                class in the State or political subdivision bear the 
                effects of discrimination, both public or private, in 
                such areas as education, employment, health, housing, 
                and transportation, which hinder their ability to 
                participate effectively in the political process.
                    ``(F) Whether political campaigns have been 
                characterized by overt or subtle racial appeals.
                    ``(G) The extent to which members of the protected 
                class have been elected to public office in the 
                jurisdiction.
            ``(3) In conducting a totality of the circumstances 
        analysis under paragraph (2), a court may consider such other 
        factors as the court may determine to be relevant, including--
                    ``(A) whether there is a significant lack of 
                responsiveness on the part of elected officials to the 
                particularized needs of the members of the protected 
                class, including a lack of concern for or 
                responsiveness to the requests and proposals of the 
                members of the protected class, except that compliance 
                with a court order may not be considered evidence of 
                responsiveness on the part of the jurisdiction; and
                    ``(B) whether the policy underlying the State or 
                political subdivision's use of such voting 
                qualification, prerequisite to voting, or standard, 
                practice or procedure is tenuous.
        In making this determination, a court shall consider whether 
        the qualification, prerequisite, standard, practice, or 
        procedure in question was designed to advance and materially 
        advances a valid and substantiated State interest.
            ``(4) A class of citizens protected by subsection (a) may 
        include a cohesive coalition of members of different racial or 
        language minority groups.''; and
            (4) Vote denial or abridgement.--Section 2 of such Act (52 
        U.S.C. 10301), as amended by subsections (a) and (b), is 
        further amended by adding at the end the following:
    ``(c)(1) A violation of subsection (a) resulting in vote denial or 
abridgment is established if the challenged qualification, 
prerequisite, standard, practice, or procedure--
            ``(A) results or will result in members of a protected 
        class facing greater costs or burdens in participating in the 
        political process than other voters; and
            ``(B) the greater costs or burdens are, at least in part, 
        caused by or linked to social and historical conditions that 
        have produced or produce on the date of such challenge 
        discrimination against members of the protected class.
        In determining the existence of a burden for purposes of 
        subparagraph (A), the absolute number or the percent of voters 
        affected or the presence of voters who are not members of a 
        protected class in the affected area shall not be dispositive, 
        and the affected area may be smaller than the jurisdiction to 
        which the qualification, prerequisite, standard, practice, or 
        procedure applies.
    ``(2) The challenged qualification, prerequisite, standard, 
practice, or procedure need only be a but-for cause of the 
discriminatory result described in paragraph (1) or perpetuate a pre-
existing burdens or costs.
    ``(3)(A) The factors that are relevant to a totality of the 
circumstances analysis with respect to a claim of vote denial or 
abridgement pursuant to this subsection include the following:
            ``(i) The extent of any history of official voting-related 
        discrimination in the State or political subdivision that 
        affected the right of members of the protected class to 
        register, to vote, or otherwise to participate in the political 
        process.
            ``(ii) The extent to which voting in the elections of the 
        State or political subdivision is racially polarized.
            ``(iii) The extent to which the State or political 
        subdivision has used photographic voter identification 
        requirements, documentary proof of citizenship requirements, 
        documentary proof of residence requirements, or other voting 
        practices or procedures, beyond those required by Federal law, 
        that impair the ability of members of the minority group to 
        participate fully in the political process.
            ``(iv) The extent to which minority group members bear the 
        effects of discrimination, both public or private, in areas 
        such as education, employment, health, housing, and 
        transportation, which hinder their ability to participate 
        effectively in the political process.
            ``(v) The use of overt or subtle racial appeals either in 
        political campaigns or surrounding adoption or maintenance of 
        the challenged practice.
            ``(vi) The extent to which members of the minority group 
        have been elected to public office in the jurisdiction, 
        provided that the fact that the minority group is too small to 
        elect candidates of its choice shall not defeat a claim of vote 
        denial or abridgment.
            ``(vii) Whether there is a lack of responsiveness on the 
        part of elected officials to the particularized needs of 
        minority group members, including a lack of concern for or 
        responsiveness to the requests and proposals of the group, 
        except that compliance with a court order may not be considered 
        evidence of responsiveness on the part of the jurisdiction.
            ``(viii) Whether the policy underlying the State or 
        political subdivision's use of the challenged qualification, 
        prerequisite, standard, practice, or procedure is tenuous. In 
        making a determination under this clause, a court shall 
        consider whether the qualification, prerequisite, standard, 
        practice, or procedure in question was designed to advance and 
        materially advances a valid and substantiated State interest.
            ``(ix) Subject to paragraph (4), such other factors as the 
        court may determine to be relevant.
    ``(B) The factors described in subparagraph (A), individually and 
collectively, shall be considered as a means of establishing that a 
voting practice amplifies the effects of past or present discrimination 
in violation in subsection (a).
    ``(C) A plaintiff need not show any particular combination or 
number of factors to establish a violation of subsection (a).
    ``(4) The factors that are relevant to a totality of the 
circumstances analysis with respect to a claim of vote denial or 
abridgement do not include the following:
            ``(A) The degree to which the challenged qualification, 
        prerequisite, standard, practice, or procedure has a long 
        pedigree or was in widespread use at some earlier date.
            ``(B) The use of an identical or similar qualification, 
        prerequisite, standard, practice, or procedure in other States 
        or jurisdictions.
            ``(C) The availability of other forms of voting unimpacted 
        by the challenged qualification, prerequisite, standard, 
        practice, or procedure to all members of the electorate, 
        including members of the protected class, unless the 
        jurisdiction is simultaneously expanding such other practices 
        to eliminate any disproportionate burden imposed by the 
        challenged qualification, prerequisite, standard, practice, or 
        procedure.
            ``(D) Unsubstantiated defenses that the qualification, 
        prerequisite, standard, practice, or procedure is necessary to 
        address criminal activity.
    ``(d)(1) A violation of subsection (a) for the purpose of vote 
denial or abridgement is established if the challenged qualification, 
prerequisite, standard, practice, or procedure is intended, at least in 
part, to dilute minority voting strength or to deny or abridge the 
right of any citizen of the United States to vote on account of race, 
color, or in contravention of the guarantees set forth in section 
4(f)(2).
    ``(2) Discrimination on account of race, color, or in contravention 
of the guarantees set forth in section 4(f)(2) need only be one purpose 
of a qualification, prerequisite, standard, practice, or procedure to 
demonstrate a violation of subsection (a).
    ``(3) A qualification, prerequisite, standard, practice, or 
procedure intended to dilute minority voting strength or to make it 
more difficult for minority voters to cast a ballot that will be 
counted violates this subsection even if an additional purpose of the 
qualification, prerequisite, standard, practice, or procedure is to 
benefit a particular political party or group.
    ``(4) The context for the adoption of the challenged qualification, 
prerequisite, standard, practice, or procedure, including actions by 
official decisionmakers before the challenged qualification, 
prerequisite, standard, practice, or procedure, may be relevant to a 
violation of this subsection.
    ``(5) Claims under this subsection require proof of a 
discriminatory impact but do not require proof of a violation pursuant 
to subsection (b) or (c).
    ``(e) For purposes of this section, the term `affected area' means 
any geographic area, in which members of a protected class are affected 
by a qualification, prerequisite, standard, practice, or procedure 
allegedly in violation of this section, within a State (including any 
Indian lands).''.

SEC. 3. RETROGRESSION.

    Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.), as amended by section 2 of this Act, is further amended by 
adding at the end the following:
    ``(f) A violation of subsection (a) is established when a State or 
political subdivision enacts or seeks to administer any qualification 
or prerequisite to voting or standard, practice, or procedure with 
respect to voting in any election 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 or color, or in contravention of the 
guarantees set forth in section 4(f)(2), to participate in the 
electoral process or elect their preferred candidates of choice. This 
subsection applies to any action taken on or after January 1, 2021, by 
a State or political subdivision to enact or seek to administer any 
such qualification or prerequisite to voting or standard, practice or 
procedure.
    ``(g) Notwithstanding the provisions of subsection (f), final 
decisions of the United States District Court of the District of 
Columbia on applications or petitions by States or political 
subdivisions for preclearance under section 5 of any changes in voting 
prerequisites, standards, practices, or procedures, supersede the 
provisions of subsection (f).''.

SEC. 4. 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. 5. 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) fifteen or more voting rights 
                        violations occurred in the State during the 
                        previous 25 calendar years;
                            ``(ii) ten 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); or
                            ``(iii) three or more voting rights 
                        violations occurred in the State during the 
                        previous 25 calendar years and the State itself 
                        administers the elections in the State or 
                        political subdivisions in which the voting 
                        rights violations occurred.
                    ``(B) Application to specific political 
                subdivisions.--Subsection (a) applies with respect to a 
                political subdivision as a separate unit during a 
                calendar year if three 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) Judicial relief; violation of the 14th or 
                15th amendment.--Any final judgment, or any 
                preliminary, temporary, or declaratory relief (that was 
                not reversed on appeal), in which the plaintiff 
                prevailed or a court of the United States found that 
                the plaintiff demonstrated a likelihood of success on 
                the merits or raised a serious question with regard to 
                race discrimination, in which any court of the United 
                States 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 occurred, or that a voting qualification 
                or prerequisite to voting or standard, practice, or 
                procedure with respect to voting created an undue 
                burden on the right to vote in connection with a claim 
                that the law unduly burdened voters of a particular 
                race, color, or language minority group, in violation 
                of the 14th or 15th Amendment, anywhere within the 
                State or subdivision.
                    ``(B) Judicial relief; violations of this act.--Any 
                final judgment, or any preliminary, temporary, or 
                declaratory relief (that was not reversed on appeal) in 
                which the plaintiff prevailed or a court of the United 
                States found that the plaintiff demonstrated a 
                likelihood of success on the merits or raised a serious 
                question with regard to race discrimination, in which 
                any court of the United States 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 4(e) or 4(f) or section 2, 201, or 203 of 
                this Act.
                    ``(C) Final judgment; denial of declaratory 
                judgment.--In a final judgment (that was 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 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. A violation per this subsection has not 
                occurred where an objection has been withdrawn by the 
                Attorney General, unless the withdrawal was in response 
                to a change in the law or practice that served as the 
                basis of the objection. A violation under this 
                subsection has not occurred where the objection is 
                based solely on a State or political subdivision's 
                failure to comply with a procedural process that would 
                not otherwise constitute an independent violation of 
                this act.
                    ``(E) Consent decree, settlement, or other 
                agreement.--A consent decree, settlement, or other 
                agreement was adopted or entered by a court of the 
                United States or contained an admission of liability by 
                the defendants, which resulted in the alteration or 
                abandonment of a voting practice anywhere in the 
                territory of such State or subdivision 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 4(e) 
                or 4(f) or section 2, 201, or 203 of this Act, or the 
                14th or 15th Amendment. An extension or modification of 
                an agreement as defined by this subsection that has 
                been in place for ten years or longer shall count as an 
                independent violation. If a court of the United States 
                finds that an agreement itself as defined by this 
                subsection 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, violated 
                subsection 4(e) or 4(f) or section 2, 201, or 203 of 
                this Act, or created an undue burden on the right to 
                vote in connection with a claim that the consent 
                decree, settlement, or other agreement unduly burdened 
                voters of a particular race, color, or language 
                minority group, that finding shall count as an 
                independent violation.
                    ``(F) Multiple violations.--Each voting 
                qualification or prerequisite to voting or standard, 
                practice, or procedure with respect to voting, 
                including each redistricting plan, found to be a 
                violation by a court of the United States pursuant to 
                subsection (a) or (b), or prevented from enforcement 
                pursuant to subsection (c) or (d), or altered or 
                abandoned pursuant to subsection (e) shall count as an 
                independent violation. Within a redistricting plan, 
                each violation found to discriminate against any group 
                of voters based on race, color, or language minority 
                group shall count as an independent violation.   
            ``(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),''.
    (c) Administrative Bailout.--
            (1) In general.--Section 4 of the Voting Rights Act of 1965 
        (52 U.S.C. 10303) is amended by adding at the end the 
        following:
    ``(g) Administrative Bailout.--
            ``(1) Determination of eligibility.--
                    ``(A) In general.--After making a determination 
                under subsection (b)(1)(A) that the provisions of 
                subsection (a) apply with respect to a State and all 
                political subdivisions within the State, the Attorney 
                General shall determine if any political subdivision of 
                the State is eligible for an exemption under this 
                subsection, and shall publish, in the Federal Register, 
                a list of all such political subdivisions. Any 
                political subdivision included on such list is not 
                subject to any requirement under section 5 until the 
                date on which any application under this section has 
                been finally disposed of or no such application may be 
                made.
                    ``(B) Rule of construction.--Nothing in this 
                subsection may be construed to provide--
                            ``(i) that the determinations made pursuant 
                        to the creation of the list shall have any 
                        binding or preclusive effect; or
                            ``(ii) that inclusion on the list--
                                    ``(I) constitutes a final 
                                determination by the Attorney General 
                                that the listee is eligible for an 
                                exemption pursuant to this subsection 
                                or that, in the case of the listee, the 
                                provisions of subparagraphs (A) through 
                                (F) of subsection (a)(1) are satisfied; 
                                or
                                    ``(II) entitles the listee to any 
                                exemption pursuant to this subsection.
            ``(2) Eligibility.--A political subdivision that submits an 
        application under paragraph (3) shall be eligible for an 
        exemption under this subsection only if, during the ten years 
        preceding the filing of the application, and during the 
        pendency of such application--
                    ``(A) no test or device referred to in subsection 
                (a)(1) has been used within such political subdivision 
                for the purpose or with the effect of denying or 
                abridging the right to vote on account of race or color 
                or in contravention of the guarantees of subsection 
                (f)(2);
                    ``(B) no final judgment of any court of the United 
                States, other than the denial of declaratory judgment 
                under this section, has determined that denials or 
                abridgements of the right to vote on account of race or 
                color have occurred anywhere in the territory of such 
                political subdivision or that denials or abridgements 
                of the right to vote in contravention of the guarantees 
                of subsection (f)(2) have occurred anywhere in the 
                territory of such subdivision and no consent decree, 
                settlement, or agreement has been entered into 
                resulting in any abandonment of a voting practice 
                challenged on such grounds; and no declaratory judgment 
                under this section shall be entered during the pendency 
                of an action commenced before the filing of an action 
                under this section and alleging such denials or 
                abridgements of the right to vote;
                    ``(C) no Federal examiners or observers under this 
                Act have been assigned to such political subdivision;
                    ``(D) such political subdivision and all 
                governmental units within its territory have complied 
                with section 5 of this Act, including compliance with 
                the requirement that no change covered by section 5 has 
                been enforced without preclearance under section 5, and 
                have repealed all changes covered by section 5 to which 
                the Attorney General has successfully objected or as to 
                which the United States District Court for the District 
                of Columbia has denied a declaratory judgment;
                    ``(E) the Attorney General has not interposed any 
                objection (that has not been overturned by a final 
                judgment of a court) and no declaratory judgment has 
                been denied under section 5, with respect to any 
                submission by or on behalf of the plaintiff or any 
                governmental unit within its territory under section 5, 
                and no such submissions or declaratory judgment actions 
                are pending; and
                    ``(F) such political subdivision and all 
                governmental units within its territory--
                            ``(i) have eliminated voting procedures and 
                        methods of election which inhibit or dilute 
                        equal access to the electoral process;
                            ``(ii) have engaged in constructive efforts 
                        to eliminate intimidation and harassment of 
                        persons exercising rights protected under this 
                        Act; and
                            ``(iii) have engaged in other constructive 
                        efforts, such as expanded opportunity for 
                        convenient registration and voting for every 
                        person of voting age and the appointment of 
                        minority persons as election officials 
                        throughout the jurisdiction and at all stages 
                        of the election and registration process.
            ``(3) Application period.--Not later than 90 days after the 
        publication of the list under paragraph (1), a political 
        subdivision included on such list may submit an application, 
        containing such information as the Attorney General may 
        require, for an exemption under this subsection. The Attorney 
        General shall provide notice in the Federal Register of such 
        application.
            ``(4) Comment period.--During the 90-day period beginning 
        on the date that notice is published under paragraph (3), the 
        Attorney General shall give interested persons an opportunity 
        to submit objections to the issuance of an exemption under this 
        subsection to a political subdivision on the basis that the 
        political subdivision is not eligible under paragraph (2) to 
        the Attorney General. During the 1 year period beginning on the 
        effective date of this subsection, such 90-day period shall be 
        extended by an additional 30 days. The Attorney General shall 
        notify the political subdivision of each objection submitted 
        and afford the political subdivision an opportunity to respond.
            ``(5) Determination as to objections.--In the case of a 
        political subdivision with respect to which an objection has 
        been submitted under paragraph (4), the following shall apply:
                    ``(A) Consideration of objections.--The Attorney 
                General shall consider and respond to each such 
                objection (and any response of the political 
                subdivision thereto) during the 60 day period beginning 
                on the day after the comment period under paragraph (4) 
                concludes.
                    ``(B) Justified objections.--If the Attorney 
                General determines that any such objection is 
                justified, the Attorney General shall publish notice in 
                the Federal Register denying the application for an 
                exemption under this subsection.
                    ``(C) Unjustified objections.--If the Attorney 
                General determines that no objection submitted is 
                justified, each person that submitted such an objection 
                may, not later than 90 days after the end of the period 
                established under subparagraph (A), file, in the 
                District Court of the District of Columbia, an action 
                for judicial review of such determination in accordance 
                with chapter 7 of title 5, United States Code.
            ``(6) Exemption.--The Attorney General may issue an 
        exemption, by publication in the Federal Register, from the 
        application of the provisions of subsection (a) with respect to 
        a political subdivision that--
                    ``(A) is eligible under paragraph (2); and
                    ``(B) with respect to which no objection under was 
                submitted under paragraph (4) or determined to be 
                justified under paragraph (5).
            ``(7) Judicial review.--Except as otherwise explicitly 
        provided in this subsection, no determination under this 
        subsection shall be subject to review by any court, and all 
        determinations under this subsection are committed to the 
        discretion of the Attorney General.
            ``(8) Savings clause.--If a political subdivision was not 
        subject to the application of the provisions of subsection (a) 
        by reason of a declaratory judgment entered prior to the 
        effective date of this subsection, and such political 
        subdivision has not violated any eligibility requirement set 
        forth in paragraph (2) at any time thereafter, then that 
        political subdivision shall not be subject to the requirements 
        of subsection (a).''.
            (2) Conforming amendment.--
                    (A) In general.--Section 4(a)(1) of the Voting 
                Rights Act of 1965 (52 U.S.C. 10303(a)(1)), as amended 
                by this Act, is further amended by inserting after 
                ``the United States District Court for the District of 
                Columbia issues a declaratory judgment under this 
                section'' the following: ``, or, in the case of a 
                political subdivision, the Attorney General issues an 
                exemption under subsection (g)''.
                    (B) Expiration of time limit.--On the date that is 
                1 year after the effective date of this subsection, 
                section 4(g)(3) of the Voting Rights Act of 1965 (52 
                U.S.C. 10303(g)(3)) is amended by striking ``During the 
                1 year period beginning on the effective date of this 
                subsection, such 90-day period shall be extended by an 
                additional 30 days.''. For purposes of any periods 
                under such section commenced as of such date, the 90-
                day period shall remain extended by an additional 30 
                days.

SEC. 6. 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) two 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) two 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) two 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 
        that is not the largest racial group or language minority group 
        in the jurisdiction and that represents 15 percent or more of 
        the State or political subdivision's voting-age population 
        experiences a population increase of at least 20 percent of its 
        voting-age population, over the preceding decade (as calculated 
        by the Bureau of the Census under the most recent decennial 
        census), in the jurisdiction.
            ``(4) Changes in documentation or qualifications to vote.--
        Any change to requirements for documentation or proof of 
        identity to vote or 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 John R. Lewis Voting 
        Rights Advancement Act of 2021; and further, if a State has in 
        effect a requirement that an individual present identification 
        as a condition of receiving and casting a ballot in an election 
        for Federal office, if the State does not permit the individual 
        to meet the requirement and cast a ballot in the election in 
        the same manner as an individual who presents identification--
                    ``(A) in the case of an individual who desires to 
                vote in person, by presenting the appropriate State or 
                local election official with a sworn written statement, 
                signed by the individual under penalty of perjury, 
                attesting to the individual's identity and attesting 
                that the individual is eligible to vote in the 
                election; and
                    ``(B) in the case of an individual who desires to 
                vote by mail, by submitting with the ballot the 
                statement described in subparagraph (A).
            ``(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, or reduce voting opportunities.--Any change that 
        reduces, consolidates, or relocates voting locations, including 
        early, absentee, and election-day voting locations, or reduces 
        days or hours of in-person voting on any Sunday during a period 
        occurring prior to the date of an election during which voters 
        may cast ballots in such election, or prohibits the provision 
        of food or non-alcoholic drink to persons waiting to vote in an 
        election except where the provision would violate prohibitions 
        on expenditures to influence voting--
                    ``(A) in one or more census tracts wherein two 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.
            ``(7) New list maintenance process.--Any change to the 
        maintenance of voter registration lists that adds a new basis 
        for removal from the list of active registered voters or that 
        incorporates new sources of information in determining a 
        voter's eligibility to vote, wherein such a change would have a 
        statistically significant disparate impact on the removal from 
        voter rolls of members of racial groups or language minority 
        groups that constitute greater than 5 percent of the voting-age 
        population--
                    ``(A) in the case of a political subdivision 
                imposing such change if--
                            ``(i) two or more racial groups or language 
                        minority groups each represent 20 percent or 
                        more of the voting-age population of the 
                        political subdivision; 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) in the case of a State imposing such change, 
                if two or more racial groups or language minority 
                groups each represent 20 percent or more of the voting-
                age population of--
                            ``(i) the State; or
                            ``(ii) a political subdivision in the 
                        State, except that the requirements under 
                        subsections (a) and (c) shall apply only with 
                        respect to each such political subdivision.
    ``(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 three 
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. 7. 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 qualification or 
        prerequisite to voting or standard, practice, or procedure with 
        respect to voting in any election for Federal office that will 
        result in the qualification or 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 website of the State or political 
        subdivision, of a concise description of the change, including 
        the difference between the changed qualification or 
        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 
        website of a State or political subdivision, shall be in a 
        format that is reasonably convenient and accessible to persons 
        with disabilities who are eligible to vote, including persons 
        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 website of a State or political 
        subdivision, 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 website of a 
        State or political subdivision, shall be in a format that is 
        reasonably convenient and accessible to persons with 
        disabilities who are eligible to vote, including persons 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 
                persons with disabilities who are eligible to vote, 
                including persons 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 website of a State or 
        political subdivision, 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 and published on 
        the website of a State or political subdivision shall be in a 
        format that is reasonably convenient and accessible to persons 
        with disabilities who are eligible to vote, including persons 
        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 website of a 
        State or political subdivision, 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, prerequisite, 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. 8. 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, 2 ems to the left.
    (c) Transferral of Authority Over Observers to the Attorney 
General.--
            (1) Enforcement proceedings.--Section 3(a) of the Voting 
        Rights Act of 1965 (52 U.S.C. 10302(a)) is amended by striking 
        ``United States Civil Service Commission in accordance with 
        section 6'' and inserting ``Attorney General in accordance with 
        section 8''.
            (2) Observers; appointment and compensation.--Section 8 of 
        the Voting Rights Act of 1965 (52 U.S.C. 10305) is amended--
                    (A) in subsection (a)(2), in the matter following 
                subparagraph (B), by striking ``Director of the Office 
                of Personnel Management shall assign as many observers 
                for such subdivision as the Director'' and inserting 
                ``Attorney General shall assign as many observers for 
                such subdivision as the Attorney General''; and
                    (B) in subsection (c), by striking ``Director of 
                the Office of Personnel Management'' and inserting 
                ``Attorney General''.
            (3) Termination of certain appointments of observers.--
        Section 13(a)(1) of the Voting Rights Act of 1965 (52 U.S.C. 
        10309(a)(1)) is amended by striking ``notifies the Director of 
        the Office of Personnel Management,'' and inserting 
        ``determines,''.

SEC. 9. CLARIFICATION OF AUTHORITY TO SEEK RELIEF.

    (a) Poll Tax.--Section 10(b) of the Voting Rights Act of 1965 (52 
U.S.C. 10306(b)) is amended by striking ``the Attorney General is 
authorized and directed to institute forthwith in the name of the 
United States such actions'' and inserting ``an aggrieved person or (in 
the name of the United States) the Attorney General may institute such 
actions''.
    (b) Cause of Action.--Section 12(d) of the Voting Rights Act of 
1965 (52 U.S.C. 10308(d)) is amended--
            (1) by striking ``Whenever any person has engaged'' and all 
        that follows through ``in the name of the United States'' and 
        inserting ``(1) Whenever there are reasonable grounds to 
        believe that any person has implemented or will implement any 
        voting qualification or prerequisite to voting or standard, 
        practice, or procedure that would (A) deny any citizen the 
        right to vote in violation of the 14th, 15th, 19th, 24th, or 
        26th Amendments, or (B) would violate this Act (except for 
        section 4A) or any other Federal law that prohibits 
        discrimination on the basis of race, color, or membership in a 
        language minority group in the voting process, an aggrieved 
        person or (in the name of the United States) the Attorney 
        General may institute''; and
            (2) by striking ``, and including an order directed to the 
        State and State or local election officials to require them (1) 
        to permit persons listed under chapters 103 to 107 of this 
        title to vote and (2) to count such votes''.
    (c) Judicial Relief.--Section 204 of the Voting Rights Act of 1965 
(52 U.S.C. 10504) is amended by striking ``Whenever the Attorney 
General has reason to believe'' and all that follows through ``as he 
deems appropriate'' and inserting ``Whenever there are reasonable 
grounds to believe that a State or political subdivision has engaged or 
is about to engage in any act or practice prohibited by a provision of 
title II, an aggrieved person or (in the name of the United States) the 
Attorney General may institute an action in a district court of the 
United States, for a restraining order, a preliminary or permanent 
injunction, or such other order as may be appropriate''.
    (d) Enforcement of Twenty-Sixth Amendment.--Section 301(a)(1) of 
the Voting Rights Act of 1965 (52 U.S.C. 10701) is amended by striking 
``The Attorney General is directed to institute'' and all that follows 
through ``Constitution of the United States'' and inserting ``An 
aggrieved person or (in the name of the United States) the Attorney 
General may institute an action in a district court of the United 
States, for a restraining order, a preliminary or permanent injunction, 
or such other order as may be appropriate to implement the twenty-sixth 
amendment to the Constitution of the United States''.

SEC. 10. PREVENTIVE RELIEF.

    Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 
10308(d)), as amended by section 9, is further amended by adding at the 
end the following:
    ``(2)(A) In considering any motion for preliminary relief in any 
action for preventive relief described in this subsection, the court 
shall grant the relief if the court determines that the complainant has 
raised a serious question as to 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 on the defendant by the grant of the relief will be 
less than the hardship which would be imposed on the plaintiff if the 
relief were not granted.
    ``(B) In making its determination under this paragraph with respect 
to a change in any voting qualification, prerequisite to voting, or 
standard, practice, or procedure 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 the 19th, 24th, or 26th 
                Amendments;
                    ``(III) a violation of this Act; or
                    ``(IV) 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 the 19th, 24th, or 26th 
                Amendment;
                    ``(III) a violation of this Act; or
                    ``(IV) 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 or takes 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.
    ``(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 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. 11. RELIEF FOR VIOLATIONS OF VOTING RIGHTS LAWS.

    (a) In General.--
            (1) Relief for violations of voting rights laws.--In this 
        section, the term ``prohibited act or practice'' means--
                    (A) any act or practice--
                            (i) that creates an undue burden on the 
                        fundamental right to vote in violation of the 
                        14th Amendment to the Constitution of the 
                        United States or violates the Equal Protection 
                        Clause of the 14th Amendment to the 
                        Constitution of the United States; or
                            (ii) that is prohibited by the 15th, 19th, 
                        24th, or 26th Amendment to the Constitution of 
                        the United States, section 2004 of the Revised 
                        Statutes (52 U.S.C. 10101), 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 Uniformed and 
                        Overseas Citizens Absentee Voting Act (52 
                        U.S.C. 20301 et seq.), the Help America Vote 
                        Act of 2002 (52 U.S.C. 20901 et seq.), the 
                        Voting Accessibility for the Elderly and 
                        Handicapped Act (52 U.S.C. 20101 et seq.), or 
                        section 2003 of the Revised Statutes (52 U.S.C. 
                        10102); and
                    (B) any act or practice in violation of any Federal 
                law that prohibits discrimination with respect to 
                voting, including the Americans with Disabilities Act 
                of 1990 (42 U.S.C. 12101 et seq.).
            (2) Rule of construction.--Nothing in this section shall be 
        construed to diminish the authority or scope of authority of 
        any person to bring an action under any Federal law.
            (3) Attorney's fees.--Section 722(b) of the Revised 
        Statutes (42 U.S.C. 1988(b)) is amended by inserting ``a 
        provision described in section 2(a) of the John R. Lewis Voting 
        Rights Advancement Act of 2021,'' after ``title VI of the Civil 
        Rights Act of 1964,''.
    (b) Grounds for Equitable Relief.--In any action for equitable 
relief pursuant to a law listed under subsection (a), proximity of the 
action to an election shall not be a valid reason to deny such relief, 
or stay the operation of or vacate the issuance of such relief, unless 
the party opposing the issuance or continued operation of relief meets 
the burden of proving by clear and convincing evidence that the 
issuance of the relief would be so close in time to the election as to 
cause irreparable harm to the public interest or that compliance with 
such relief would impose serious burdens on the party opposing relief.
            (1) In general.--In considering whether to grant, deny, 
        stay, or vacate any order of equitable relief, the court shall 
        give substantial weight to the public's interest in expanding 
        access to the right to vote. A State's generalized interest in 
        enforcing its enacted laws shall not be a relevant 
        consideration in determining whether equitable relief is 
        warranted.
            (2) Presumptive safe harbor.--Where equitable relief is 
        sought either within 30 days of the adoption or reasonable 
        public notice of the challenged policy or practice, or more 
        than 45 days before the date of an election to which the relief 
        being sought will apply, proximity to the election will be 
        presumed not to constitute a harm to the public interest or a 
        burden on the party opposing relief.
    (c) Grounds for Stay or Vacatur in Federal Claims Involving Voting 
Rights.--
            (1) Prospective effect.--In reviewing an application for a 
        stay or vacatur of equitable relief granted pursuant to a law 
        listed in subsection (a), a court shall give substantial weight 
        to the reliance interests of citizens who acted pursuant to 
        such order under review. In fashioning a stay or vacatur, a 
        reviewing court shall not order relief that has the effect of 
        denying or abridging the right to vote of any citizen who has 
        acted in reliance on the order.
            (2) Written explanation.--No stay or vacatur under this 
        subsection shall issue unless the reviewing court makes 
        specific findings that the public interest, including the 
        public's interest in expanding access to the ballot, will be 
        harmed by the continuing operation of the equitable relief or 
        that compliance with such relief will impose serious burdens on 
        the party seeking such a stay or vacatur such that those 
        burdens substantially outweigh the benefits to the public 
        interest. In reviewing an application for a stay or vacatur of 
        equitable relief, findings of fact made in issuing the order 
        under review shall not be set aside unless clearly erroneous.

SEC. 12. ENFORCEMENT OF VOTING RIGHTS BY ATTORNEY GENERAL.

    Section 12 of the Voting Rights Act (52 U.S.C. 10308), as amended 
by this Act, is further amended by adding at the end the following:
    ``(g) Voting Rights Enforcement by Attorney General.--
            ``(1) In general.--In order to fulfill the Attorney 
        General's responsibility to enforce the Voting Rights Act and 
        other Federal civil rights statutes that protect the right to 
        vote, the Attorney General (or upon designation by the Attorney 
        General, the Assistant Attorney General for Civil Rights) is 
        authorized, before commencing a civil action, to issue a demand 
        for inspection and information in writing to any State or 
        political subdivision, or other governmental representative or 
        agent, with respect to any relevant documentary material that 
        he has reason to believe is within their possession, custody, 
        or control. A demand by the Attorney General under this section 
        may require--
                    ``(A) the production of such documentary material 
                for inspection and copying;
                    ``(B) answers in writing to written questions with 
                respect to such documentary material; or
                    ``(C) both.
            ``(2) Contents of an attorney general demand.--
                    ``(A) In general.--Any demand issued under 
                paragraph (1), shall include a sworn certificate to 
                identify the voting qualification or prerequisite to 
                voting or standard, practice, or procedure with respect 
                to voting, or other voting related matter or issue, 
                whose lawfulness the Attorney General is investigating 
                and to identify the civil provisions of the Federal 
                civil rights statute that protects the right to vote 
                under which the investigation is being conducted. The 
                demand shall be reasonably calculated to lead to the 
                discovery of documentary material and information 
                relevant to such civil rights investigation. 
                Documentary material includes any material upon which 
                relevant information is recorded, and includes written 
                or printed materials, photographs, tapes, or materials 
                upon which information is electronically or 
                magnetically recorded. Such demands are aimed at the 
                Attorney General having the ability to inspect and 
                obtain copies of relevant materials (as well as obtain 
                information) related to voting and are not aimed at the 
                Attorney General taking possession of original records, 
                particularly those that are required to be retained by 
                State and local election officials under Federal or 
                State law.
                    ``(B) No requirement for production.--Any demand 
                issued under paragraph (1) may not require the 
                production of any documentary material or the 
                submission of any answers in writing to written 
                questions if such material or answers would be 
                protected from disclosure under the standards 
                applicable to discovery requests under the Federal 
                Rules of Civil Procedure in an action in which the 
                Attorney General or the United States is a party.
                    ``(C) Documentary material.--If the demand issued 
                under paragraph (1) requires the production of 
                documentary material, it shall--
                            ``(i) identify the class of documentary 
                        material to be produced with such definiteness 
                        and certainty as to permit such material to be 
                        fairly identified; and
                            ``(ii) prescribe a return date for 
                        production of the documentary material at least 
                        twenty days after issuance of the demand to 
                        give the State or political subdivision, or 
                        other governmental representative or agent, a 
                        reasonable period of time for assembling the 
                        documentary material and making it available 
                        for inspection and copying.
                    ``(D) Answers to written questions.--If the demand 
                issued under paragraph (1) requires answers in writing 
                to written questions, it shall--
                            ``(i) set forth with specificity the 
                        written question to be answered; and
                            ``(ii) prescribe a date at least twenty 
                        days after the issuance of the demand for 
                        submitting answers in writing to the written 
                        questions.
                    ``(E) Service.--A demand issued under paragraph (1) 
                may be served by a United States marshal or a deputy 
                marshal, or by certified mail, at any place within the 
                territorial jurisdiction of any court of the United 
                States.
            ``(3) Responses to an attorney general demand.--A State or 
        political subdivision, or other governmental representative or 
        agent, must, with respect to any documentary material or any 
        answer in writing produced under this subsection, provide a 
        sworn certificate, in such form as the demand issued under 
        paragraph (1) designates, by a person having knowledge of the 
        facts and circumstances relating to such production or written 
        answer, authorized to act on behalf of the State or political 
        subdivision, or other governmental representative or agent, 
        upon which the demand was served. The certificate--
                    ``(A) shall state that--
                            ``(i) all of the documentary material 
                        required by the demand and in the possession, 
                        custody, or control of the State or political 
                        subdivision, or other governmental 
                        representative or agent, has been produced;
                            ``(ii) that with respect to every answer in 
                        writing to a written question, all information 
                        required by the question and in the possession, 
                        custody, control, or knowledge of the State or 
                        political subdivision, or other governmental 
                        representative or agent, has been submitted; or
                            ``(iii) both; or
                    ``(B) provide the basis for any objection to 
                producing the documentary material or answering the 
                written question.
        To the extent that any information is not furnished, the 
        information shall be identified and reasons set forth with 
        particularity regarding the reasons why the information was not 
        furnished.
            ``(4) Judicial proceedings.--
                    ``(A) Petition for enforcement.--Whenever any State 
                or political subdivision, or other governmental 
                representative or agent, fails to comply with demand 
                issued by the Attorney General under paragraph (1), the 
                Attorney General may file, in a district court of the 
                United States in which the State or political 
                subdivision, or other governmental representative or 
                agent, is located, a petition for a judicial order 
                enforcing the Attorney General demand issued under 
                paragraph (1).
                    ``(B) Petition to modify.--
                            ``(i) In general.--Any State or political 
                        subdivision, or other governmental 
                        representative or agent, that is served with a 
                        demand issued by the Attorney General under 
                        paragraph (1) may file in the United States 
                        District Court for the District of Columbia a 
                        petition for an order of the court to modify or 
                        set aside the demand of the Attorney General.
                            ``(ii) Petition to modify.--Any petition to 
                        modify or set aside a demand of the Attorney 
                        General issued under paragraph (1) must be 
                        filed within 20 days after the date of service 
                        of the Attorney General's demand or at any time 
                        before the return date specified in the 
                        Attorney General's demand, whichever date is 
                        earlier.
                            ``(iii) Contents of petition.--The petition 
                        shall specify each ground upon which the 
                        petitioner relies in seeking relief under 
                        clause (i), and may be based upon any failure 
                        of the Attorney General's demand to comply with 
                        the provisions of this section or upon any 
                        constitutional or other legal right or 
                        privilege of the State or political 
                        subdivision, or other governmental 
                        representative or agent. During the pendency of 
                        the petition in the court, the court may stay, 
                        as it deems proper, the running of the time 
                        allowed for compliance with the Attorney 
                        General's demand, in whole or in part, except 
                        that the State or political subdivision, or 
                        other governmental representative or agent, 
                        filing the petition shall comply with any 
                        portions of the Attorney General's demand not 
                        sought to be modified or set aside.''.

SEC. 13. 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. 14. 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. 15. 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, 2021; 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, 2021.''.

SEC. 16. SEVERABILITY.

     If any provision of this Act or any amendment made by this Act, or 
the application of such a provision or amendment to any person or 
circumstance, is held to be unconstitutional or is otherwise enjoined 
or unenforceable, the remainder of this Act and amendments made by this 
Act, and the application of the provisions and amendment to any person 
or circumstance, and any remaining provision of the Voting Rights Act 
of 1965, shall not be affected by the holding.

SEC. 17. GRANTS TO ASSIST WITH NOTICE REQUIREMENTS UNDER THE VOTING 
              RIGHTS ACT OF 1965.

    (a) In General.--The Attorney General shall make grants each fiscal 
year to small jurisdictions who submit applications under subsection 
(b) for purposes of assisting such small jurisdictions with compliance 
with the requirements of the Voting Rights Act of 1965 to submit or 
publish notice of any change to a qualification, prerequisite, 
standard, practice or procedure affecting voting.
    (b) Application.--To be eligible for a grant under this section, a 
small jurisdiction shall submit an application to the Attorney General 
in such form and containing such information as the Attorney General 
may require regarding the compliance of such small jurisdiction with 
the provisions of the Voting Rights Act of 1965.
    (c) Small Jurisdiction Defined.--For purposes of this section, the 
term ``small jurisdiction'' means any political subdivision of a State 
with a population of 10,000 or less.

            Passed the House of Representatives August 24, 2021.

            Attest:

                                                                 Clerk.
117th CONGRESS

  1st Session

                                H. R. 4

_______________________________________________________________________

                                 AN ACT

   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.