[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2702 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2702

   To protect the voting rights of Native American and Alaska Native 
                                voters.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            August 10, 2021

   Mr. Lujan (for himself, Mr. Heinrich, Mr. Sanders, Ms. Smith, Mr. 
 Tester, Mr. Blumenthal, Ms. Warren, Ms. Cortez Masto, Mr. Schatz, Mr. 
 Booker, Mr. Merkley, Ms. Rosen, Ms. Hirono, Mr. Durbin, Mr. Padilla, 
   Mr. Van Hollen, Ms. Klobuchar, and Mrs. Feinstein) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To protect the voting rights of Native American and Alaska Native 
                                voters.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Frank Harrison, Elizabeth 
Peratrovich, and Miguel Trujillo Native American Voting Rights Act of 
2021''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Constitution explicitly and implicitly grants 
        Congress broad general powers to legislate on issues relating 
        to Indian Tribes, powers consistently described as plenary and 
        exclusive. These powers arise from the grant of authority in 
        the Indian Commerce Clause and through legislative matters 
        arising under the Treaty Clause.
            (2) The Federal Government is responsible for upholding the 
        obligations to which the Federal Government has agreed through 
        treaties, legislation, and executive orders, referred to as the 
        Federal trust responsibility toward Indian Tribes and their 
        members.
            (3) The Supreme Court has repeatedly relied on the nature 
        of this ``government to government'' relationship between the 
        United States and sovereign Indian Tribes for congressional 
        authority to enact ``legislation that singles out Indians for 
        particular and special treatment''. Morton v. Mancari, 417 U.S. 
        535, 554-555 (1974).
            (4) Legislation removing barriers to Native American voting 
        is vital for the fulfillment of Congress' ``unique obligation'' 
        toward Indians, particularly ensuring that Native American 
        voters are fully included as ``qualified members of the modern 
        body politic''. Board of County Comm'rs v. Seber, 318 U.S. 705, 
        715 (1943).
            (5) Under the Elections Clause of article I, section 4 of 
        the Constitution, Congress has additional power to regulate any 
        election conducted to select Members of Congress. Taken 
        together, the Indian Commerce Clause and the Election Clause 
        give Congress broad authority to enact legislation to safeguard 
        the voting rights of Native American voters.
            (6) Despite Congress' decision to grant Native Americans 
        Federal citizenship, and with it the protections of the 
        Fifteenth Amendment, with passage of the Act of June 2, 1924 
        (Chapter 233; 43 Stat. 253) (commonly known as the ``Indian 
        Citizenship Act of 1924''), States continued to deploy distinct 
        methods for disenfranchising Indians by enacting statutes to 
        exclude from voter rolls Indians living on Indian lands, 
        requiring that Indians first terminate their relationship with 
        their Indian Tribe, restricting the right to vote on account of 
        a Tribal member's ``guardianship'' status, and imposing 
        literacy tests.
            (7) Barriers to voter access for Native Americans persist 
        today, and such barriers range from obstructing voter access to 
        vote dilution and intentional malapportionment of electoral 
        districts.
            (8) The Native American Voting Rights Coalition's nine 
        field hearings in Indian Country and four-State survey of voter 
        discrimination revealed a number of additional obstacles that 
        Native Americans must overcome in some States, including--
                    (A) a lack of accessible registration and polling 
                sites, either due to conditions such as geography, lack 
                of paved roads, the absence of reliable and affordable 
                broadband connectivity, and restrictions on the time, 
                place, and manner that eligible people can register and 
                vote, including unequal opportunities for absentee, 
                early, mail-in, and in-person voting;
                    (B) nontraditional or nonexistent addresses for 
                residents on Indian reservations, lack of residential 
                mail delivery and pick up, reliance on distant post 
                offices with abbreviated operating hours for mail 
                services, insufficient housing units, overcrowded 
                homes, and high incidence of housing insecurity and 
                homelessness, lack of access to vehicles, and 
                disproportionate poverty which make voter registration, 
                acquisition and dropping off of mail-in ballots, 
                receipt of voting information and materials, and 
                securing required identification difficult, if not 
                impossible;
                    (C) inadequate language assistance for Tribal 
                members, including lack of outreach and publicity, the 
                failure to provide complete, accurate, and uniform 
                translations of all voting materials in the relevant 
                Native language, and an insufficient number of trained 
                bilingual poll workers; and
                    (D) voter identification laws that discriminate 
                against Native Americans.
            (9) The Department of Justice and courts also recognized 
        that some jurisdictions have been unresponsive to reasonable 
        requests from federally recognized Indian Tribes for more 
        accessible voter registration sites and in-person voting 
        locations.
            (10) According to the National Congress of American 
        Indians, there is a wide gap between the voter registration and 
        turnout rates of eligible American Indians and Alaska Natives 
        and the voter registration and turnout rates of non-Hispanic 
        White and other racial and ethnic groups.
            (11) Despite these obstacles, the Native American vote 
        continues to play a significant role in Federal, State, and 
        local elections.
            (12) In Alaska, New Mexico, Oklahoma, and South Dakota, 
        Native Americans, American Indians, and Alaska Natives comprise 
        approximately 10 percent or more of the voting population.
            (13) The Native American vote also holds great potential, 
        with over 1,000,000 voters who are eligible to vote, but are 
        not registered to vote.
    (b) Purposes.--The purposes of this Act are--
            (1) to fulfill the Federal Government's trust 
        responsibility to protect and promote Native Americans' 
        exercise of their constitutionally guaranteed right to vote, 
        including the right to register to vote and the ability to 
        access all mechanisms for voting;
            (2) to establish Tribal administrative review procedures 
        for a specific subset of State actions that have been used to 
        restrict access to the polls on Indian lands;
            (3) to expand voter registration under the National Voter 
        Registration Act of 1993 (52 U.S.C. 20501 et seq.) to cover 
        Federal facilities;
            (4) to afford equal treatment to forms of identification 
        unique to Indian Tribes and their members;
            (5) to ensure American Indians and Alaska Natives 
        experiencing homelessness, housing insecurity, or lacking 
        residential mail pickup and delivery can pool resources to pick 
        up and return ballots;
            (6) to clarify the obligations of States and political 
        subdivisions regarding the provision of translated voting 
        materials for American Indians and Alaska Natives under section 
        203 of the Voting Rights Act of 1965 (52 U.S.C. 10503);
            (7) to provide Tribal leaders with a direct pathway to 
        request Federal election observers and to allow public access 
        to the reports of those election observers;
            (8) to study the prevalence of nontraditional or 
        nonexistent mailing addresses in Native communities and 
        identify solutions to voter access that arise from the lack of 
        an address; and
            (9) to direct the Department of Justice to consult on an 
        annual basis with Indian Tribes on issues related to voting.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Attorney general.--The term ``Attorney General'' means 
        the United States Attorney General.
            (2) Indian.--The term ``Indian'' has the meaning given the 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (3) Indian lands.--The term ``Indian lands'' includes--
                    (A) Indian country as defined under section 1151 of 
                title 18, United States Code;
                    (B) any land in Alaska owned, pursuant to the 
                Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
                seq.), by an Indian Tribe that is a Native village (as 
                defined in section 3 of that Act (43 U.S.C. 1602)) or 
                by a Village Corporation that is associated with an 
                Indian Tribe (as defined in section 3 of that Act (43 
                U.S.C. 1602));
                    (C) any land on which the seat of the Tribal 
                government is located; and
                    (D) any land that is part or all of a Tribal 
                designated statistical area associated with an Indian 
                Tribe, or is part or all of an Alaska Native village 
                statistical area associated with an Indian Tribe, as 
                defined by the Census Bureau for the purposes of the 
                most recent decennial census.
            (4) Indian tribe.--The term ``Indian Tribe'' means the 
        recognized governing body of any Indian or Alaska Native Tribe, 
        band, nation, pueblo, village, community, component band, or 
        component reservation, individually identified (including 
        parenthetically) in the list published most recently as of the 
        date of enactment of this Act pursuant to section 104 of the 
        Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
        5131).
            (5) Polling place.--The term ``polling place'' means any 
        location where a ballot is cast in elections for Federal 
        office, and includes a voter center, poll, polling location, or 
        polling place, depending on the State nomenclature.

SEC. 4. ESTABLISHMENT OF A NATIVE AMERICAN VOTING TASK FORCE GRANT 
              PROGRAM.

    (a) In General.--The Office for Civil Rights at the Office of 
Justice Programs of the Department of Justice (referred to in this 
section as the ``Office'') shall establish and administer, in 
coordination with the Department of the Interior, a Native American 
voting task force grant program, through which the Office shall provide 
financial assistance to eligible applicants to enable those eligible 
applicants to establish and operate a Native American Voting Task Force 
in each State with a federally recognized Indian Tribe.
    (b) Purposes.--The purposes of the Native American voting task 
force grant program are to--
            (1) increase voter outreach, education, registration, and 
        turnout in Native American communities;
            (2) increase access to the ballot for Native American 
        communities, including additional satellite, early voting, and 
        absentee voting locations;
            (3) streamline and reduce inconsistencies in the voting 
        process for Native Americans;
            (4) provide, in the community's dominant language, 
        educational materials and classes on Indian lands about 
        candidacy filing;
            (5) train and educate State and local employees, including 
        poll workers, about--
                    (A) the language assistance and voter assistance 
                requirements under sections 203 and 208 of the Voting 
                Rights Act of 1965 (52 U.S.C. 10503; 10508);
                    (B) voter identification laws as affected by 
                section 8 of this Act; and
                    (C) the requirements of Tribes, States, and 
                precincts established under this Act;
            (6) identify model programs and best practices for 
        providing language assistance to Native American communities;
            (7) provide nonpartisan poll watchers on election day in 
        Native American communities;
            (8) participate in and evaluate future redistricting 
        efforts;
            (9) address issues of internet connectivity as it relates 
        to voter registration and ballot access in Native American 
        communities;
            (10) work with Indian Tribes, States, and the Federal 
        Government to establish mailing addresses that comply with 
        applicable State and Federal requirements for receipt of voting 
        information and materials; and
            (11) facilitate collaboration between local election 
        officials, Native American communities, and Tribal elections 
        offices.
    (c) Eligible Applicant.--The term ``eligible applicant'' means--
            (1) an Indian Tribe;
            (2) a Secretary of State of a State, or another official of 
        a State entity responsible for overseeing elections;
            (3) a nonprofit organization that works, in whole or in 
        part, on voting issues; or
            (4) a consortium of entities described in paragraphs (1) 
        through (3).
    (d) Application and Selection Process.--
            (1) In general.--The Office, in coordination with the 
        Department of the Interior and following consultation with 
        Indian Tribes about the implementation of the Native American 
        voting task force grant program, shall establish guidelines for 
        the process by which eligible applicants will submit 
        applications.
            (2) Applications.--Each eligible applicant desiring a grant 
        under this section shall submit an application, according to 
        the process established under paragraph (1), and at such time, 
        in such manner, and containing such information as the Office 
        may require. Such application shall include--
                    (A) a certification that the applicant is an 
                eligible applicant;
                    (B) a proposed work plan addressing how the 
                eligible applicant will establish and administer a 
                Native American Voting Task Force that achieves the 
                purposes described in subsection (b);
                    (C) if the eligible applicant is a consortium as 
                described in subsection (c)(4), a description of the 
                proposed division of responsibilities between the 
                participating entities;
                    (D) an explanation of the time period that the 
                proposed Native American Voting Task Force will cover, 
                which shall be a time period that is not more than 3 
                years; and
                    (E) the goals that the eligible applicant desires 
                to achieve with the grant funds.
    (e) Uses of Funds.--A grantee receiving funds under this section 
shall use such funds to carry out one or more of the activities 
described in subsection (b), through the grantee's Native American 
Voting Task Force.
    (f) Reports.--
            (1) Report to the office.--
                    (A) In general.--Not later than 1 year after the 
                date on which an eligible applicant receives grant 
                funds under this section, and annually thereafter for 
                the duration of the grant, each eligible applicant 
                shall prepare and submit a written report to the Office 
                describing the eligible applicant's progress in 
                achieving the goals outlined in the application under 
                subsection (d)(2).
                    (B) Response.--Not later than 30 days after the 
                date on which the Office receives the report described 
                in paragraph (1), the Office will provide feedback, 
                comments, and input to the eligible applicant in 
                response to such report.
            (2) Report to congress.--Not later than 1 year after the 
        date of enactment of this Act, and annually thereafter, the 
        Office shall prepare and submit a report to the Committee on 
        Indian Affairs of the Senate and Committee on Natural Resources 
        of the House of Representatives containing the results of the 
        reports described under paragraph (1).
    (g) Relationship With Other Laws.--Nothing in this section reduces 
State or local obligations provided for by the Voting Rights Act of 
1965 (52 U.S.C. 10301 et seq.), the National Voter Registration Act of 
1993 (52 U.S.C. 20501 et seq.), the Help America Vote Act of 2002 (52 
U.S.C. 20901 et seq.), or any other Federal law or regulation related 
to voting or the electoral process.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2022 through 2037.

SEC. 5. VOTER REGISTRATION SITES AT INDIAN SERVICE PROVIDERS AND ON 
              INDIAN LANDS.

    Section 7(a) of the National Voter Registration Act of 1993 (52 
U.S.C. 20506(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(C) any Federal facility or federally funded 
                facility that is primarily engaged in providing 
                services to an Indian Tribe; and
                    ``(D) not less than one Federal facility or 
                federally funded facility that is located within the 
                Indian lands of an Indian Tribe, as applicable, (which 
                may be the Federal facility or federally funded 
                facility described in subparagraph (C)).''; and
            (2) by adding at the end the following:
            ``(8) Where practicable, each Federal agency that operates 
        a Federal facility or a federally funded facility that is a 
        designated voter registration agency in accordance with 
        subparagraph (C) or (D) of paragraph (2) shall designate one or 
        more special days per year at a centralized location within the 
        boundaries of the Indian lands of each applicable Indian Tribe 
        for the purpose of informing members of the Indian Tribe of the 
        timing, registration requirements, and voting procedures in 
        elections for Federal office, at no cost to the Indian 
        Tribe.''.

SEC. 6. ACCESSIBLE TRIBAL DESIGNATED POLLING SITES.

    (a) In General.--
            (1) Designation of state officer.--Each of the several 
        States whose territory contains all or part of an Indian 
        Tribe's Indian lands shall designate an officer within that 
        State who will be responsible for compliance with the 
        provisions of this section and who shall periodically consult 
        with the Indian Tribes located wholly or partially within that 
        State regarding compliance with the provisions of this section 
        and coordination between the State and the Indian Tribe. The 
        State shall provide written notice to each such Indian Tribe of 
        the officer so designated.
            (2) Provision of polling places.--For each Indian Tribe 
        that satisfies the obligations of subsection (c), and for each 
        election for a Federal official or State official that is held 
        180 days or later after the date on which the Indian Tribe 
        initially satisfies such obligations, any State or political 
        subdivision whose territory contains all or part of an Indian 
        Tribe's Indian lands--
                    (A) shall provide a minimum of one polling place in 
                each precinct in which there are eligible voters who 
                reside on Indian lands, in a location selected by the 
                Indian Tribe and at no cost to the Indian Tribe, 
                regardless of the population or number of registered 
                voters residing on Indian lands;
                    (B) shall not reduce the number of polling 
                locations on Indian lands based on population numbers;
                    (C) shall provide, at no cost to the Indian Tribe, 
                additional polling places in locations on Indian lands 
                selected by an Indian Tribe and requested under 
                subsection (c) if, based on the totality of 
                circumstances described in subsection (b), it is shown 
                that not providing those additional polling places 
                would result in members of the Indian Tribe and living 
                on Indian lands or other individuals residing on the 
                Indian Tribe's Indian lands having less opportunity to 
                vote than eligible voters in that State or political 
                subdivision who are not members of an Indian Tribe or 
                do not reside on Indian lands;
                    (D) shall, at each polling place located on Indian 
                lands and at no cost to the Indian Tribe, make voting 
                machines, tabulation machines, official receptacles 
                designated for the return of completed absentee 
                ballots, ballots, provisional ballots, and other voting 
                materials available to the same or greater extent that 
                such equipment and materials are made available at 
                other polling places in the State or political 
                subdivision that are not located on Indian lands;
                    (E) shall, at each polling place located on Indian 
                lands, conduct the election using the same voting 
                procedures that are used at other polling places in the 
                State or political subdivision that are not located on 
                Indian lands, or other voting procedures that provide 
                greater access for voters;
                    (F) shall, at each polling place located on Indian 
                lands and at no cost to the Indian Tribe, make voter 
                registration available during the period the polling 
                place is open to the maximum extent allowable under 
                State law;
                    (G) shall, at each polling place located on Indian 
                lands, provide training, compensation, and other 
                benefits to election officials and poll workers at no 
                cost to the Indian Tribe and, at a minimum, to the same 
                or greater extent that such training, compensation, and 
                benefits are provided to election officials and poll 
                workers at other polling places in the State or 
                political subdivision that are not located on Indian 
                lands;
                    (H) shall, in all cases, provide the Indian Tribe 
                an opportunity to designate election officials and poll 
                workers to staff polling places within the Indian lands 
                of the applicable Indian Tribe on every day that the 
                polling places will be open;
                    (I) shall allow for any eligible voting member of 
                the Indian Tribe or any eligible voting individual 
                residing on Indian lands to vote early or in person at 
                any polling place on Indian lands, regardless of that 
                member or individual's residence or residential 
                address, and shall not reject the ballot of any such 
                member or individual on the grounds that the ballot was 
                cast at the wrong polling place; and
                    (J) may fulfill the State's obligations under 
                subparagraphs (A) and (C) by relocating existing 
                polling places, by creating new polling places, or 
                both.
    (b) Equitable Opportunities To Vote.--
            (1) In general.--When assessing the opportunities to vote 
        provided to members of an Indian Tribe and to other eligible 
        voters in the State residing on Indian lands in order to 
        determine the number of additional polling places (if any) that 
        a State or political subdivision must provide in accordance 
        with subsection (a)(2)(C), the State, political subdivision, or 
        any court applying this section, shall consider the totality of 
        circumstances of--
                    (A) the number of voting-age citizens assigned to 
                each polling place;
                    (B) the distances that voters must travel to reach 
                the polling places;
                    (C) the time that voters must spend traveling to 
                reach the polling places, including under inclement 
                weather conditions;
                    (D) the modes of transportation, if any, that are 
                regularly and broadly available to voters to use to 
                reach the polling places;
                    (E) the existence of and access to frequent and 
                reliable public transportation to the polling places;
                    (F) the length of lines and time voters waited to 
                cast a ballot in previous elections; and
                    (G) any other factor relevant to effectuating the 
                aim of achieving equal voting opportunity for 
                individuals living on Indian lands.
            (2) Absence of factors.--When assessing the opportunities 
        to vote in accordance with paragraph (1), the State, political 
        subdivision, or court shall ensure that each factor described 
        in paragraph (1) is considered regardless of whether any one 
        factor would lead to a determination not to provide additional 
        polling places under subsection (a)(2)(C).
    (c) Form; Provision of Form; Obligations of the Indian Tribe.--
            (1) Form.--The Attorney General shall establish the form 
        described in this subsection through which an Indian Tribe can 
        fulfill its obligations under this subsection.
            (2) Provision of form.--Each State or political subdivision 
        whose territory contains all or part of an Indian Tribe's 
        Indian lands--
                    (A) shall provide the form established under 
                paragraph (1) to each applicable Indian Tribe not less 
                than 30 days prior to the deadline set by the State or 
                political subdivision for completion of the obligations 
                under this subsection (which deadline shall be not less 
                than 30 days prior to a Federal election) whereby an 
                Indian Tribe can fulfill its obligations under this 
                subsection by providing the information described in 
                paragraph (3) on that form and submitting the form back 
                to the applicable State or political subdivision by 
                such deadline;
                    (B) shall not edit the form established under 
                paragraph (1) or apply any additional obligations on 
                the Indian Tribe with respect to this section; and
                    (C) shall cooperate in good faith with the efforts 
                of the Indian Tribe to satisfy the requirements of this 
                subsection.
            (3) Obligations of the indian tribe.--The requirements for 
        a State and political subdivision under subsection (a)(2) shall 
        apply with respect to an Indian Tribe once an Indian Tribe 
        meets the following obligations by completing the form 
        specified in paragraph (1):
                    (A) The Indian Tribe specifies the number and 
                locations of requested polling places, early voting 
                locations, and ballot drop boxes to be provided on the 
                Indian lands of that Indian Tribe.
                    (B) The Indian Tribe certifies that curbside voting 
                will be available for any facilities that lack 
                accessible entrances and exits in accordance with 
                Federal and State law.
                    (C) The Indian Tribe certifies that the Indian 
                Tribe will ensure that each such requested polling 
                place will be open and available to all eligible voters 
                who reside in the precinct or other geographic area 
                assigned to such polling place, regardless of whether 
                such eligible voters are members of the Indian Tribe or 
                of any other Indian Tribe.
                    (D) The Indian Tribe requests that the State or 
                political subdivision shall designate election 
                officials and poll workers to staff such requested 
                polling places, or certifies that the Indian Tribe will 
                designate election officials and poll workers to staff 
                such polling places on every day that the polling 
                places will be open.
                    (E) The Indian Tribe may request that the State or 
                political subdivision provide absentee ballots without 
                requiring an excuse, an absentee ballot request, or 
                residential address to all eligible voters who reside 
                in the precinct or other geographic area assigned to 
                such polling place, regardless of whether such eligible 
                voters are members of the Indian Tribe or of any other 
                Indian Tribe.
            (4) Established polling places.--Once a polling place is 
        established under subsection (a)(2)(A) or subsection (a)(2)(C) 
        the Tribe need not fill out the form designated under paragraph 
        (1) again unless or until that Indian Tribe requests 
        modifications to the requests specified in the most recent form 
        under paragraph (1).
            (5) Opt out.--At any time that is 60 days or more before 
        the date of an election, an Indian Tribe that previously has 
        satisfied the obligations of paragraph (3) may notify the State 
        or political subdivision that the Indian Tribe intends to opt 
        out of the standing obligation for one or more polling places 
        that were established in accordance with subsection (a)(2)(A) 
        or subsection (a)(2)(C) for a particular election or for all 
        future elections. A Tribe may opt back in at any time.
    (d) Federal Polling Sites.--Each State shall designate as voter 
polling facilities any of the facilities identified in accordance with 
subparagraph (C) or (D) of section 7(a)(2) of the National Voter 
Registration Act of 1993 (52 U.S.C. 20506(a)(2)), at no cost to the 
Indian Tribe, provided that the facility meets the requirements of 
Federal and State law as applied to other polling places within the 
State or political subdivision. The applicable agency of the Federal 
Government shall ensure that such designated facilities are made 
available as polling places.
    (e) Mail-In Balloting.--In States or political subdivisions that 
permit absentee or mail-in balloting, the following shall apply with 
respect to an election for Federal office:
            (1) For each ballot cast by a member of an Indian Tribe 
        living on Indian lands, all postage shall be prepaid by the 
        Federal Government and each ballot postmarked the day the 
        ballot is received at a postal facility located on Indian 
        lands.
            (2) An Indian Tribe may designate at least one building per 
        precinct as a ballot pickup and collection location (referred 
        to in this section as a ``tribally designated buildings'') at 
        no cost to the Indian Tribe. The applicable State or political 
        subdivision shall collect and timely deposit all ballots from 
        each tribally designated building.
            (3) At the applicable Tribe's request, the State or 
        political subdivision shall provide mail-in and absentee 
        ballots to each registered voter residing on Indian lands in 
        the State or political subdivision without requiring a 
        residential address, a mail-in or absentee ballot request, or 
        an excuse for a mail-in or absentee ballot.
            (4) The address of a tribally designated building may serve 
        as the residential address and mailing address for voters 
        living on Indian lands if the tribally designated building is 
        in the same precinct as that voter.
            (5) If there is no tribally designated building within the 
        precinct of a voter residing on Indian lands (including if the 
        tribally designated building is on Indian lands but not in the 
        same precinct as the voter), the voter may--
                    (A) use another tribally designated building within 
                the Indian lands where the voter is located; or
                    (B) use such tribally designated building as a 
                mailing address and may separately designate the 
                voter's appropriate precinct through a description of 
                the voter's address, as specified in section 
                9428.4(a)(2) of title 11, Code of Federal Regulations.
            (6) In the case of a State or political subdivision that is 
        a covered State or political subdivision under section 203 of 
        the Voting Rights Act of 1965 (52 U.S.C. 10503), that State or 
        political subdivision shall provide absentee or mail-in voting 
        materials with respect to an election for Federal office in the 
        language of the applicable minority group as well as in the 
        English language, bilingual election voting assistance, and 
        written translations of all voting materials in the language of 
        the applicable minority group, as required by section 203 of 
        the Voting Rights Act of 1965 (52 U.S.C. 10503), as amended by 
        this Act.
            (7) A State or political division shall make reasonable 
        efforts to contact a voter who resides within Indian lands 
        located within its jurisdiction and offer such voter a 
        reasonable opportunity to cure any defect in an absentee ballot 
        issued to and completed and returned by the voter, or appearing 
        on or pertaining to the materials provided for the purpose of 
        returning the absentee ballot, if State law would otherwise 
        require the absentee ballot to be rejected due to such defect 
        and the defect does not compromise ballot secrecy or involve a 
        lack of witness or assistant signature, where such signature is 
        mandated by State law.
            (8) In a State or political subdivision that does not 
        permit absentee or mail-in balloting for all eligible voters in 
        the State or political subdivision, that State or political 
        subdivision shall nonetheless provide for absentee or mail-in 
        balloting for voters who reside on Indian lands consistent with 
        this section if the State, political subdivision, or any court 
        applying this section determines that the totality of 
        circumstances described in subsection (b) warrants 
        establishment of absentee or mail-in balloting for voters who 
        reside on Indian lands located within the jurisdiction of the 
        State or political subdivision.
    (f) Ballot Drop Boxes.--Each State shall--
            (1) provide not less than one ballot drop box for each 
        precinct on Indian lands, at no cost to the Indian Tribe, at 
        either the tribally designated building under subsection (e)(2) 
        or an alternative site selected by the applicable Indian Tribe; 
        and
            (2) provide additional drop boxes at either the tribally 
        designated building under subsection (e)(2) or an alternative 
        site selected by the applicable Indian Tribe if the State or 
        political subdivision determines that additional ballot drop 
        boxes should be provided based on the criteria considered under 
        the totality of circumstances enumerated under subsection (b).
    (g) Early Voting.--
            (1) Early voting locations.--In a State or political 
        subdivision that permits early voting in an election for 
        Federal office, that State or political subdivision shall 
        provide not less than one early voting location for each 
        precinct on Indian lands, at no cost to the Indian Tribe, at a 
        site selected by the applicable Indian Tribe, to allow 
        individuals living on Indian lands to vote during an early 
        voting period in the same manner as early voting is allowed on 
        such date in the rest of the State or precinct. Additional 
        early voting sites shall be determined based on the criteria 
        considered under the totality of circumstances described in 
        subsection (b).
            (2) Length of period.--In a State or political subdivision 
        that permits early voting in an election for Federal office, 
        that State or political subdivision shall provide an early 
        voting period with respect to that election that shall consist 
        of a period of consecutive days (including weekends) which 
        begins on the 15th day before the date of the election (or, at 
        the option of the State or political subdivision, on a day 
        prior to the 15th day before the date of the election) and ends 
        on the date of the election for all early voting locations on 
        Indian lands.
            (3) Minimum early voting requirements.--Each polling place 
        that allows voting during an early voting period under this 
        subsection shall--
                    (A) allow such voting for no less than 10 hours on 
                each day;
                    (B) have uniform hours each day for which such 
                voting occurs; and
                    (C) allow such voting to be held for some period of 
                time prior to 9:00 a.m. (local time) and some period of 
                time after 5:00 p.m. (local time).
            (4) Ballot processing and scanning requirements.--
                    (A) In general.--To the greatest extent 
                practicable, ballots cast during the early voting 
                period in an election for Federal office at voting 
                locations and drop boxes on Indian lands shall be 
                processed and scanned for tabulation in advance of the 
                close of polls on the date of the election.
                    (B) Limitation.--Nothing in this subsection shall 
                be construed to permit a State or political subdivision 
                to tabulate and count ballots in an election for 
                Federal office before the closing of the polls on the 
                date of the election.
    (h) Provisional Ballots.--
            (1) In general.--In addition to the requirements under 
        section 302(a) of the Help America Vote Act of 2002 (52 U.S.C. 
        21082(a)), for each State or political subdivision that 
        provides voters provisional ballots, challenge ballots, or 
        affidavit ballots under the State's applicable law governing 
        the voting processes for those voters whose eligibility to vote 
        is determined to be uncertain by election officials, election 
        officials shall--
                    (A) provide clear written instructions indicating 
                the reason the voter was given a provisional ballot, 
                the information or documents the voter needs to prove 
                eligibility, the location at which the voter must 
                appear to submit these materials or alternative 
                methods, including email or facsimile, that the voter 
                may use to submit these materials, and the deadline for 
                submitting these materials;
                    (B) permit any voter who votes provisionally at any 
                polling place on Indian lands to appear at any polling 
                place or at the central location for the election board 
                to submit the documentation or information to prove 
                eligibility;
                    (C) permit any voter who votes provisionally at any 
                polling place to submit the required information or 
                documentation via email or facsimile, if the voter 
                prefers to use such methods as an alternative to 
                appearing in person to submit the required information 
                or documentation to prove eligibility;
                    (D) notify the voter on whether the voter's 
                provisional ballot was counted or rejected by 
                telephone, email, or postal mail, or any other 
                available method, including notifying the voter of any 
                online tracking website if State law provides for such 
                a mechanism; and
                    (E) provide the reason for rejection if the voter's 
                provisional ballot was rejected after the voter 
                provided the required information or documentation on 
                eligibility.
            (2) Duties of election officials.--A State or political 
        subdivision described in paragraph (1) shall ensure in each 
        case in which a provisional ballot is cast, that election 
        officials--
                    (A) request and collect the voter's email address, 
                if the voter has one, and transmit any written 
                instructions issued to the voter in person to the voter 
                via email; and
                    (B) provide a verbal translation of any written 
                instructions to the voter.
    (i) Enforcement.--
            (1) Attorney general.--The Attorney General may bring a 
        civil action in an appropriate district court for such 
        declaratory or injunctive relief as is necessary to carry out 
        this section.
            (2) Private right of action.--
                    (A) A person or Indian Tribe who is aggrieved by a 
                violation of this section may provide written notice of 
                the violation to the chief election official of the 
                State involved.
                    (B) An aggrieved person or Indian Tribe may bring a 
                civil action in an appropriate district court for 
                declaratory or injunctive relief with respect to a 
                violation of this section, if--
                            (i) that person or Indian Tribe provides 
                        the notice described in subparagraph (A); and
                            (ii)(I) in the case of a violation that 
                        occurs more than 120 days before the date of an 
                        election for Federal office, the violation 
                        remains and 90 days or more have passed since 
                        the date on which the chief election official 
                        of the State receives the notice under 
                        subparagraph (A); or
                            (II) in the case of a violation that occurs 
                        120 days or less but more than 30 days before 
                        the date of an election for Federal office, the 
                        violation remains and 20 days or more have 
                        passed since the date on which the chief 
                        election official of the State receives the 
                        notice under subparagraph (A).
                    (C) In the case of a violation of this section that 
                occurs 30 days or less before the date of an election 
                for Federal office, an aggrieved person or Indian Tribe 
                may bring a civil action in an appropriate district 
                court for declaratory or injunctive relief with respect 
                to the violation without providing notice to the chief 
                election official of the State under subparagraph (A).
            (3) Rule of construction.--Nothing in this section shall be 
        construed to prevent a State or political subdivision from 
        providing additional polling places or early voting locations 
        on Indian lands.

SEC. 7. PROCEDURES FOR REMOVAL OF POLLING PLACES AND VOTER REGISTRATION 
              SITES ON INDIAN LANDS.

    (a) Actions Requiring Tribal Administrative Review.--No State or 
political subdivision may carry out any of the following activities in 
an election for Federal office unless the requirements of subsection 
(b) have been met:
            (1) Eliminating polling places or voter registration sites 
        on the Indian lands of an Indian Tribe.
            (2) Moving or consolidating a polling place or voter 
        registration site on the Indian lands of an Indian Tribe to a 
        location 1 mile or further from the existing location of the 
        polling place or voter registration site.
            (3) Moving or consolidating a polling place on the Indian 
        lands of an Indian Tribe to a location across a river, lake, 
        mountain, or other natural boundary such that it increases 
        travel time for a voter, regardless of distance.
            (4) Eliminating in-person voting on the Indian lands of an 
        Indian Tribe by designating an Indian reservation as a 
        permanent absentee voting location, unless the Indian Tribe 
        requests such a designation and has not later requested that 
        the designation as a permanent absentee voting location be 
        reversed.
            (5) Removing an early voting location or otherwise 
        diminishing early voting opportunities on Indian lands.
            (6) Removing a ballot drop box or otherwise diminishing 
        ballot drop boxes on Indian lands.
            (7) Decreasing the number of days or hours that an in-
        person or early voting polling place is open on Indian lands 
        only or changing the dates of in-person or early voting only on 
        the Indian lands of an Indian Tribe.
    (b) Tribal Administrative Review.--
            (1) In general.--The requirements of this subsection have 
        been met if--
                    (A) the impacted Indian Tribe submits to the 
                Attorney General the Indian Tribe's written consent to 
                the proposed activity described in subsection (a);
                    (B) the State or political subdivision, after 
                consultation with the impacted Indian Tribe and after 
                attempting to have the impacted Indian Tribe give 
                consent as described in subparagraph (A), institutes an 
                action in the United States District Court for the 
                District of Columbia for a declaratory judgment, and a 
                declaratory judgment is issued based upon affirmative 
                evidence provided by the State or political 
                subdivision, that conclusively establishes that the 
                specified activity described in subsection (a) proposed 
                by the State or political subdivision neither has the 
                purpose nor will have the effect of denying or 
                abridging the right to vote on account of race or 
                color, membership in an Indian Tribe, or membership in 
                a language minority group; or
                    (C) the chief legal officer or other appropriate 
                official of such State or political subdivision, after 
                consultation with the impacted Indian Tribe and after 
                attempting to have the impacted Indian Tribe give 
                consent as described in subparagraph (A), submits a 
                request to carry out the specified activity described 
                in subsection (a) to the Attorney General and the 
                Attorney General affirmatively approves the specified 
                activity.
            (2) No limitation on future actions.--
                    (A) No bar to subsequent action.--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, nor a written consent issued under 
                paragraph (1)(A) shall bar a subsequent action to 
                enjoin enforcement of an activity described in 
                subsection (a).
                    (B) Reexamination.--The Attorney General reserves 
                the right to reexamine any submission under paragraph 
                (1)(C) if additional relevant information comes to the 
                Attorney General's attention.
                    (C) District court.--Any action under this section 
                shall be heard and determined by a district court of 3 
                judges in accordance with the provisions of section 
                2284 of title 28, United States Code, and any appeal 
                shall lie to the Supreme Court.

SEC. 8. TRIBAL VOTER IDENTIFICATION.

    (a) Tribal Identification.--If a State or political subdivision 
requires an individual to present identification for the purposes of 
voting or registering to vote in an election for Federal office, an 
identification card issued by a federally recognized Indian Tribe, the 
Bureau of Indian Affairs, the Indian Health Service, or any other 
Tribal or Federal agency issuing identification cards to eligible 
Indian voters shall be treated as a valid form of identification for 
such purposes.
    (b) Online Registration.--If a State or political subdivision 
requires an identification card for an individual to register to vote 
online or to vote online, that State or political subdivision shall 
annually consult with an Indian Tribe to determine whether a tribal 
identification can feasibly be used to register to vote online or vote 
online.
    (c) Limitation on Requiring Multiple Forms of Identification.--If a 
State or political subdivision requires an individual to present more 
than one form of identification for the purposes of voting or 
registering to vote in an election for Federal office, or for 
registering to vote online or to vote online, that State or political 
subdivision shall not require any member of an Indian Tribe to provide 
more than one form of identification if the member provides orally or 
in writing that the member does not possess more than one form of 
identification.

SEC. 9. PERMITTING VOTERS TO DESIGNATE OTHER PERSON TO RETURN BALLOT.

    Each State or political subdivision--
            (1) shall permit any person to return a sealed ballot of a 
        voter that resides on Indian lands to a post office on Indian 
        lands, a ballot drop box location in a State or political 
        subdivision that provides ballot drop boxes, a tribally 
        designated building under section 6(e)(2), or an election 
        office, so long as the person designated to return the ballot 
        or ballots on behalf of another voter does not receive any form 
        of compensation based on the number of ballots that the person 
        has returned and no individual, group, or organization provides 
        compensation on this basis;
            (2) may not put any limit on how many voted and sealed 
        absentee ballots any designated person can return to the post 
        office, ballot drop box location, tribally designated building, 
        or election office under paragraph (1); and
            (3) shall permit any person to return voter registration 
        applications, absentee ballot applications, or absentee ballots 
        to ballot drop box locations in a State or political 
        subdivision that provides ballot drop boxes for these purposes.

SEC. 10. BILINGUAL ELECTION REQUIREMENTS.

    Section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) is 
amended--
            (1) in subsection (b)(3)(C), by striking ``1990'' and 
        inserting ``most recent''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Provision of Voting Materials in the Language of a Minority 
Group.--
            ``(1) In general.--Whenever any State or political 
        subdivision subject to the prohibition of subsection (b), 
        provides any registration or voting notices, forms, 
        instructions, assistance, or other materials or information 
        relating to the electoral process, including ballots, it shall 
        provide them in the language of the applicable minority group 
        as well as in the English language.
            ``(2) Exceptions.--
                    ``(A) In the case of a minority group that is not 
                American Indian or Alaska Native and the language of 
                that minority group is oral or unwritten, the State or 
                political subdivision shall only be required to 
                furnish, in the covered language, oral instructions, 
                assistance, translation of voting materials, or other 
                information relating to registration and voting.
                    ``(B) In the case of a minority group that is 
                American Indian or Alaska Native, the State or 
                political subdivision shall only be required to furnish 
                in the covered language oral instructions, assistance, 
                or other information relating to registration and 
                voting, including all voting materials, if the Indian 
                Tribe of that minority group has certified that the 
                language of the applicable American Indian or Alaska 
                Native language is presently unwritten or the Indian 
                Tribe does not want written translations in the 
                minority language.
            ``(3) Written translations for election workers.--
        Notwithstanding paragraph (2), the State or political division 
        may be required to provide written translations of voting 
        materials, with the consent of any applicable Indian Tribe, to 
        election workers to ensure that the translations from English 
        to the language of a minority group are complete, accurate, and 
        uniform.''.

SEC. 11. FEDERAL OBSERVERS TO PROTECT TRIBAL VOTING RIGHTS.

    (a) Amendment to the Voting Rights Act of 1965.--Section 8(a) of 
the Voting Rights Act of 1965 (52 U.S.C. 10305(a)) is amended--
            (1) in paragraph (1), by striking ``or'' after the 
        semicolon;
            (2) in paragraph (2)(B), by adding ``or'' after the 
        semicolon; and
            (3) by inserting after paragraph (2) the following:
            ``(3) the Attorney General has received a written complaint 
        from an Indian Tribe that efforts to deny or abridge the right 
        to vote under the color of law on account of race or color, 
        membership in an Indian Tribe, or in contravention of the 
        guarantees set forth in section 4(f)(2), are likely to 
        occur;''.
    (b) Publicly Available Reports.--The Attorney General shall make 
publicly available the reports of a Federal election observer appointed 
pursuant to section (8)(a)(3) of the Voting Rights Act of 1965 (52 
U.S.C. 10305(a)(3)), as added by subsection (a), not later than 6 
months after the date that such reports are submitted to the Attorney 
General, except that any personally identifiable information relating 
to a voter or the substance of the voter's ballot shall not be made 
public.

SEC. 12. TRIBAL JURISDICTION.

    (a) In General.--Tribal law enforcement have the right to exercise 
their inherent authority to detain and or remove any non-Indian, not 
affiliated with the State, its political subdivision, or the Federal 
Government, from Indian lands for intimidating, harassing, or otherwise 
impeding the ability of people to vote or of the State and its 
political subdivisions to conduct an election.
    (b) Civil Action by Attorney General for Relief.--Whenever any 
person has engaged or there are reasonable grounds to believe that any 
person is about to engage in any act or practice prohibited by this 
section, the Attorney General may institute for the United States, or 
in the name of the United States, an action for preventive relief, 
including an application for a temporary or permanent injunction, 
restraining order, or other order, and including an order directed to 
the State and State or local election officials to require them to 
permit persons to vote and to count such votes.

SEC. 13. TRIBAL VOTING CONSULTATION.

    The Attorney General shall consult annually with Indian Tribes 
regarding issues related to voting in elections for Federal office.

SEC. 14. ATTORNEYS' FEES, EXPERT FEES, AND LITIGATION EXPENSES.

    In a civil action under this Act, the court shall award the 
prevailing party, other than the United States, reasonable attorney 
fees, including litigation expenses, reasonable expert fees, and costs.

SEC. 15. GAO STUDY AND REPORT.

    The Comptroller General shall study the prevalence of 
nontraditional or nonexistent mailing addresses among Indians, those 
who are members of Indian Tribes, and those residing on Indian lands 
and identify alternatives to remove barriers to voter registration, 
receipt of voter information and materials, and receipt of ballots. The 
Comptroller General shall report the results of that study to Congress 
not later than 1 year after the date of enactment of this Act.

SEC. 16. UNITED STATES POSTAL SERVICE CONSULTATION.

    The Postmaster General shall consult with Indian Tribes, on an 
annual basis, regarding issues relating to the United States Postal 
Service that present barriers to voting for eligible voters living on 
Indian lands.

SEC. 17. SEVERABILITY; RELATIONSHIP TO OTHER LAWS; TRIBAL SOVEREIGN 
              IMMUNITY.

    (a) Severability.--If any provision of this Act, or the application 
of such a provision to any person, entity, or circumstance, is held to 
be invalid, the remaining provisions of this Act and the application of 
all provisions of this Act to any other person, entity, or circumstance 
shall not be affected by the invalidity.
    (b) Relationship to Other Laws.--Nothing in this Act shall 
invalidate, or limit the rights, remedies, or procedures available 
under, or supersede, restrict, or limit the application of, the Voting 
Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter 
Registration Act of 1993 (52 U.S.C. 20501 et seq.), the Help America 
Vote Act of 2002 (52 U.S.C. 20901 et seq.), or any other Federal law or 
regulation related to voting or the electoral process. Notwithstanding 
any other provision of law, the provisions of this Act, and the 
amendments made by this Act, shall be applicable within the State of 
Maine.
    (c) Tribal Sovereign Immunity.--Nothing in this Act shall be 
construed as--
            (1) affecting, modifying, diminishing, or otherwise 
        impairing the sovereign immunity from suit enjoyed by an Indian 
        Tribe; or
            (2) authorizing or requiring the termination of any 
        existing trust responsibility of the United States with respect 
        to Indian people.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
                                 <all>