[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2615 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2615

 Protecting the right to vote in elections for Federal office, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 4, 2021

Mr. Ossoff (for himself, Mr. King, Mr. Padilla, Ms. Klobuchar, and Mr. 
   Warnock) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
 Protecting the right to vote in elections for Federal office, 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 ``Right to Vote Act''.

SEC. 2. UNDUE BURDENS ON THE ABILITY TO VOTE IN ELECTIONS FOR FEDERAL 
              OFFICE PROHIBITED.

    (a) In General.--Every citizen of legal voting age shall have the 
fundamental right to vote in elections for Federal office.
    (b) Retrogression.--A government may not diminish the ability to 
vote in an election for Federal office unless the law, rule, standard, 
practice, procedure, or other governmental action causing the 
diminishment is the least restrictive means of significantly furthering 
an important, particularized government interest.
    (c) Substantial Impairment.--A government may not substantially 
impair the ability to vote in an election for Federal office unless the 
law, rule, standard, practice, procedure, or other governmental action 
causing the impairment significantly furthers an important, 
particularized governmental interest. A substantial impairment is a 
non-trivial impairment that makes it more difficult to vote than if the 
law, rule, standard, practice, procedure, or other governmental action 
had not been adopted or implemented. An impairment may be substantial 
even if the voter or other similarly situated voters are able to vote 
notwithstanding the impairment.

SEC. 3. JUDICIAL REVIEW.

    (a) Civil Action.--An action challenging a violation of the rights 
created by this Act may be brought in the district court for the 
District of Columbia, or the district court for the district in which 
the violation took place or where any defendant resides or does 
business, at the selection of the plaintiff, to obtain all appropriate 
relief, whether declaratory or injunctive, or facial or as-applied. 
Process may be served in any district where a defendant resides, does 
business, or may be found.
    (b) Standards To Be Applied.--Courts adjudicating actions brought 
to enforce the rights created by this Act shall apply the following 
standards:
            (1) Retrogression.--
                    (A) A plaintiff establishes a prima facie case of 
                retrogression by demonstrating by a preponderance of 
                the evidence that a rule, standard, practice, 
                procedure, or other governmental action diminishes the 
                ability, or otherwise makes it more difficult, to vote.
                    (B) Once a plaintiff establishes a prima facie case 
                as described in subparagraph (A), the government shall 
                be provided an opportunity to demonstrate by clear and 
                convincing evidence that the diminishment is necessary 
                to significantly further an important, particularized 
                governmental interest.
                    (C) If the government meets its burden under 
                subparagraph (B), the challenged rule, standard, 
                practice, procedure, or other governmental action shall 
                nonetheless be deemed invalid if the plaintiff 
                demonstrates by a preponderance of the evidence that 
                the government could adopt or implement a less-
                restrictive means of furthering the particular 
                important governmental interest.
            (2) Substantial impairment.--
                    (A) A plaintiff establishes a prima facie case of 
                substantial impairment by demonstrating by a 
                preponderance of the evidence that a rule, standard, 
                practice, procedure, or other governmental action 
                substantially impairs the ability, or makes it 
                substantially difficult, to vote.
                    (B) Once a plaintiff establishes a prima facie case 
                as described in subparagraph (A), the government shall 
                be provided an opportunity to demonstrate by clear and 
                convincing evidence that the impairment significantly 
                furthers an important, particularized governmental 
                interest.
    (c) Duty To Expedite.--It shall be the duty of the court to advance 
on the docket and to expedite to the greatest reasonable extent the 
disposition of the action and appeal under this section.
    (d) Attorney's Fees.--Section 722(b) of the Revised Statutes (42 
U.S.C. 1988(b)) is amended--
            (1) by striking ``or section 40302'' and inserting 
        ``section 40302''; and
            (2) by striking ``, the court'' and inserting ``, or the 
        Right to Vote Act, the court''.

SEC. 4. DEFINITIONS.

    In this Act--
            (1) the term ``covered entity'' means the District of 
        Columbia, the Commonwealth of Puerto Rico, and each territory 
        and possession of the United States;
            (2) the terms ``election'' and ``Federal office'' have the 
        meanings given such terms in section 301 of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30101);
            (3) the term ``government'' includes a branch, department, 
        agency, instrumentality, and official (or other person acting 
        under color of law) of the United States, of any State, of any 
        covered entity, or of any political subdivision of any state or 
        covered entity; and
            (4) the term ``vote'' means all actions necessary to make a 
        vote effective, including registration or other action required 
        by law as a prerequisite to voting, casting a ballot, and 
        having such ballot counted and included in the appropriate 
        totals of votes cast with respect to candidates for public 
        office for which votes are received in an election.

SEC. 5. RULES OF CONSTRUCTION.

    (a) Burdens Not Authorized.--Nothing in this Act may be construed 
to authorize a government to burden the right to vote in elections for 
Federal office.
    (b) Other Rights and Remedies.--Nothing in this Act shall be 
construed as indicating an intent on the part of Congress to alter any 
rights existing under a State constitution or the Constitution of the 
United States, or to limit any remedies for any other violations of 
Federal, State, or local law.
    (c) Other Provision.--Nothing in this Act shall be construed as 
conflicting with section 1403 (``Rights of Citizens'') of H.R. 1 of the 
117th Congress as passed by the House of Representatives on March 3, 
2021.

SEC. 6. SEVERABILITY.

    If any provision of this Act or the application of such provision 
to any citizen or circumstance is held to be unconstitutional, the 
remainder of this Act and the application of the provisions of such to 
any citizen or circumstance shall not be affected thereby.

SEC. 7. EFFECTIVE DATES.

    (a) Retrogression.--Subsection (b) of section 2 shall apply to any 
law, rule, standard, practice, procedure, or other governmental action 
that was not in effect during the November 2020 Federal election but 
that will be in effect with respect to elections for Federal office 
occurring on or after January 1, 2022, even if such law, rule, 
standard, practice, procedure, or other governmental action is already 
in effect at the time this Act is enacted.
    (b) Substantial Impairment.--Subsection (c) of section 2 shall 
apply to any law, rule, standard, practice, procedure, or other 
governmental action in effect with respect to elections for Federal 
office occurring on or after January 1, 2022.
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