[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 143
117th CONGRESS
  1st Session
                                  S. 4

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 5, 2021

 Mr. Leahy (for himself, Mr. Schumer, Mr. Durbin, Mr. Blumenthal, Mr. 
 Warnock, Mr. Ossoff, Ms. Baldwin, Mr. Bennet, Mr. Booker, Mr. Brown, 
Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coons, Ms. Cortez 
Masto, Ms. Duckworth, Mrs. Feinstein, Mrs. Gillibrand, Ms. Hassan, Mr. 
Heinrich, Mr. Hickenlooper, Ms. Hirono, Mr. Kaine, Mr. Kelly, Mr. King, 
 Ms. Klobuchar, Mr. Lujan, Mr. Markey, Mr. Menendez, Mr. Merkley, Mr. 
Murphy, Mrs. Murray, Mr. Padilla, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. 
Sanders, Mr. Schatz, Mrs. Shaheen, Ms. Sinema, Ms. Smith, Ms. Stabenow, 
Mr. Tester, Mr. Van Hollen, Mr. Warner, Ms. Warren, Mr. Whitehouse, and 
Mr. Wyden) introduced the following bill; which was read the first time

                            October 6, 2021

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``John R. Lewis Voting Rights 
Advancement Act of 2021''.

              TITLE I--AMENDMENTS TO THE VOTING RIGHTS ACT

SEC. 101. 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 (e)''.
    (b) Vote Dilution.--Section 2 of such Act (52 U.S.C. 10301), as 
amended by subsection (a), is further amended by striking subsection 
(b) and inserting the following:
    ``(b) A violation of subsection (a) for vote dilution is 
established if, based on the totality of circumstances, it is shown 
that the political processes leading to nomination or election in the 
State or political subdivision are not equally open to participation by 
members of a class of citizens protected by subsection (a) in that its 
members have less opportunity than other members of the electorate to 
participate in the political process and to elect representatives of 
their choice. The extent to which members of a protected class have 
been elected to office in the State or political subdivision is one 
circumstance which may be considered: Provided, That nothing in this 
section establishes a right to have members of a protected class 
elected in numbers equal to their proportion in the population. The 
legal standard articulated in Thornburg v. Gingles, 478 U.S. 30 (1986), 
governs claims under this subsection. For purposes of this subsection a 
class of citizens protected by subsection (a) may include a cohesive 
coalition of members of different racial or language minority 
groups.''.
    (c) 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) for vote denial or 
abridgment is established if the challenged standard, practice, or 
procedure imposes a discriminatory burden on members of a class of 
citizens protected by subsection (a), meaning that--
            ``(A) members of the protected class face greater 
        difficulty in complying with the standard, practice, or 
        procedure, considering the totality of the circumstances; and
            ``(B) such greater difficulty is, at least in part, caused 
        by or linked to social and historical conditions that have 
        produced or currently produce discrimination against members of 
        the protected class.
    ``(2) The challenged standard, practice, or procedure need only be 
a but-for cause of the discriminatory burden or perpetuate a pre-
existing discriminatory burden.
    ``(3)(A) The totality of the circumstances for consideration 
relative to a violation of subsection (a) for vote denial or abridgment 
shall include the following factors, which, individually and 
collectively, show how a voting standard, practice, or procedure can 
function to amplify the effects of past or present racial 
discrimination:
            ``(i) The history of official voting-related discrimination 
        in the State or political subdivision.
            ``(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 unduly burdensome photographic voter 
        identification requirements, documentary proof of citizenship 
        requirements, documentary proof of residence requirements, or 
        other voting standards, practices, or procedures beyond those 
        required by Federal law that may impair the ability of members 
        of the protected class to participate fully in the political 
        process.
            ``(iv) The extent to which members of the protected class 
        bear the effects of discrimination in areas such as education, 
        employment, and health, which hinder the ability of those 
        members to participate effectively in the political process.
            ``(v) The use of overt or subtle racial appeals either in 
        political campaigns or surrounding the adoption or maintenance 
        of the challenged standard, practice, or procedure.
            ``(vi) The extent to which members of the protected class 
        have been elected to public office in the jurisdiction, except 
        that the fact that the protected class is too small to elect 
        candidates of its choice shall not defeat a claim of vote 
        denial or abridgment under this section.
            ``(vii) Whether there is a lack of responsiveness on the 
        part of elected officials to the particularized needs of 
        members of the protected class.
            ``(viii) Whether the policy underlying the State or 
        political subdivision's use of the challenged qualification, 
        prerequisite, standard, practice, or procedure has a tenuous 
        connection to that qualification, prerequisite, standard, 
        practice, or procedure.
            ``(B) A particular combination or number of factors under 
        subparagraph (A) shall not be required to establish a violation 
        of subsection (a) for vote denial or abridgment.
            ``(C) The totality of the circumstances for consideration 
        relative to a violation of subsection (a) for vote denial or 
        abridgment shall not include the following factors:
            ``(i) The total number or share of members of a protected 
        class on whom a challenged standard, practice, or procedure 
        does not impose a material burden.
            ``(ii) The degree to which the challenged standard, 
        practice, or procedure has a long pedigree or was in widespread 
        use at some earlier date.
            ``(iii) The use of an identical or similar standard, 
        practice, or procedure in other States or political 
        subdivisions.
            ``(iv) The availability of other forms of voting unimpacted 
        by the challenged standard, practice, or procedure to all 
        members of the electorate, including members of the protected 
        class, unless the State or political subdivision is 
        simultaneously expanding those other standards, practices, or 
        procedures to eliminate any disproportionate burden imposed by 
        the challenged standard, practice, or procedure.
            ``(v) A prophylactic impact on potential criminal activity 
        by individual voters, if such crimes have not occurred in the 
        State or political subdivision in substantial numbers.
            ``(vi) Mere invocation of interests in voter confidence or 
        prevention of fraud.''.
    (d) Intended Vote Dilution or Vote Denial or Abridgment.--Section 2 
of such Act (52 U.S.C. 10301), as amended by subsections (a), (b), and 
(c) is further amended by adding at the end the following:
    ``(d)(1) A violation of subsection (a) is also established if a 
challenged qualification, prerequisite, standard, practice, or 
procedure is intended, at least in part, to dilute the voting strength 
of a protected class 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 or 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 in order to establish a 
        violation of subsection (a), as described in this subsection. A 
        qualification, prerequisite, standard, practice, or procedure 
        intended to dilute the voting strength of a protected class or 
        to make it more difficult for members of a protected class to 
        cast a ballot that will be counted constitutes a violation of 
        subsection (a), as described in this subsection, even if an 
        additional purpose of the qualification, prerequisite, 
        standard, practice, or procedure is to benefit a particular 
        political party or group.
            ``(3) Recent context, including actions by official 
        decisionmakers in prior years or in other contexts preceding 
        the decision responsible for the challenged qualification, 
        prerequisite, standard, practice, or procedure, and including 
        actions by predecessor government actors or individual members 
        of a decisionmaking body, may be relevant to making a 
        determination about a violation of subsection (a), as described 
        under this subsection.
            ``(4) A claim that a violation of subsection (a) has 
        occurred, as described under this subsection, shall require 
        proof of a discriminatory impact but shall not require proof of 
        violation of subsection (b) or (c).''.

SEC. 102. RETROGRESSION.

    Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.), as amended by section 101 of this Act, is further amended by 
adding at the end the following:
    ``(e) 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.
    ``(f) Notwithstanding the provisions of subsection (e), 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 (e).''.

SEC. 103. 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. 104. 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; or
                            ``(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).
                    ``(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 and all 
                        political subdivisions in the 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 (that was not 
                reversed on appeal) occurred, in which the plaintiff 
                prevailed and 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 to the Constitution of 
                the United States, anywhere within the State or 
                subdivision.
                    ``(B) Judicial relief; violations of this act.--Any 
                final judgment (that was not reversed on appeal) 
                occurred in which the plaintiff prevailed and 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 (e) or (f) or section 2, 201, or 203.
                    ``(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 under this subparagraph 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 
                subparagraph 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 count as an independent violation of this 
                Act.
                    ``(E) Consent decree, settlement, or other 
                agreement.--
                            ``(i) Agreement.--A consent decree, 
                        settlement, or other agreement was adopted or 
                        entered by a court of the United States that 
                        contains 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 (e) or (f) or 
                        section 2, 201, or 203, or the 14th or 15th 
                        Amendment.
                            ``(ii) Independent violations.--A voluntary 
                        extension or continuation of a consent decree, 
                        settlement, or agreement described in clause 
                        (i) shall not count as an independent violation 
                        under this subparagraph. Any other extension or 
                        modification of such a consent decree, 
                        settlement, or agreement, if the consent 
                        decree, settlement, or agreement has been in 
                        place for ten years or longer, shall count as 
                        an independent violation under this 
                        subparagraph. If a court of the United States 
                        finds that a consent decree, settlement, or 
                        agreement described in clause (i) itself 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 (e) or (f) or 
                        section 2, 201, or 203, 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 under this subparagraph.
                    ``(F) Multiple violations.--Each instance in which 
                a voting qualification or prerequisite to voting or 
                standard, practice, or procedure with respect to 
                voting, including each redistricting plan, is found to 
                be a violation by a court of the United States pursuant 
                to subparagraph (A) or (B), or prevented from being 
                enforced pursuant to subparagraph (C) or (D), or 
                altered or abandoned pursuant to subparagraph (E) shall 
                count as an independent violation under this paragraph. 
                Within a redistricting plan, each violation under this 
                paragraph found to discriminate against any group of 
                voters based on race, color, or language minority group 
                shall count as an independent violation under this 
                paragraph.
            ``(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)), as 
amended by subsection (a), is further amended, in the first sentence, 
by striking ``race or color,'' and inserting ``race or color, or in 
contravention of the guarantees of subsection (f)(2),''.
    (c) Facilitating Bailout.--Section 4(a) of the Voting Rights Act of 
1965 (52 U.S.C. 10303(a)), as amended by subsection (a), is further 
amended--
            (1) by striking paragraph (1)(C);
            (2) by inserting at the beginning of paragraph (7), as 
        redesignated by subsection (a)(2)(H), the following: ``Any 
        plaintiff seeking a declaratory judgment under this subsection 
        on the grounds that the plaintiff meets the requirements of 
        paragraph (1) may request that the Attorney General consent to 
        entry of judgment.''; and
            (3) by adding at the end the following:
    ``(8) If a political subdivision is subject to the application of 
this subsection, due to the applicability of subsection (b)(1)(A), the 
political subdivision may seek a declaratory judgment under this 
section if the subdivision demonstrates that the subdivision meets the 
criteria established by the subparagraphs of paragraph (1), for the 10 
years preceding the date on which subsection (a) applied to the 
political subdivision under subsection (b)(1)(A).
    ``(9) If a political subdivision was not subject to the application 
of this subsection by reason of a declaratory judgment entered prior to 
the date of enactment of the John R. Lewis Voting Rights Advancement 
Act of 2021, and is not, subsequent to that date of enactment, subject 
to the application of this subsection under subsection (b)(1)(B), then 
that political subdivision shall not be subject to the requirements of 
this subsection.''.

SEC. 105. 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 (including a 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 voting-age population in the State 
                        or political subdivision, respectively; 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 State or 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 voting-age population in the State 
                        or political subdivision, respectively; 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 State or political subdivision.
            ``(2) Changes to political subdivision boundaries.--Any 
        change or series of changes within a year to the boundaries of 
        a political subdivision that reduces by 3 or more percentage 
        points the percentage of the political subdivision's voting-age 
        population that is comprised of members of a single racial 
        group or language minority group in the 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 districts for Federal, State, or local elections 
        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 in elections for Federal, 
        State, or local offices 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.
            ``(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 in 
        elections for Federal, State, or local office, 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 for Federal, State, 
        or local office 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 for Federal, 
        State, or local office, except where the provision would 
        violate prohibitions on expenditures to influence voting, if 
        the location change, reduction in days or hours, or prohibition 
        applies--
                    ``(A) in one or more census tracts in which two or 
                more language minority groups or racial groups each 
                represent 20 percent or more of the voting-age 
                population; or
                    ``(B) on Indian lands in which 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 process for voter registration lists that adds a 
        new basis for removal from the list of active voters registered 
        to vote in elections for Federal, State, or local office, or 
        that incorporates new sources of information in determining a 
        voter's eligibility to vote in elections for Federal, State, or 
        local office, if such a change would have a statistically 
        significant disparate impact, concerning the removal from voter 
        rolls, on 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 
                        individually.
    ``(c) Preclearance.--
            ``(1) In general.--
                    ``(A) Action .--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.
                    ``(B) Submission to attorney general.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), 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. For 
                        purposes of determining whether expedited 
                        consideration of approval is required under 
                        this subparagraph or section 5(a), an exigency 
                        such as a natural disaster, that requires a 
                        change in a voting qualification or 
                        prerequisite to voting or standard, practice, 
                        or procedure with respect to voting during the 
                        period of 30 days before a Federal election, 
                        shall be considered to be good cause requiring 
                        that expedited consideration.
                            ``(ii) Effect of indication.--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 
                        subsection 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 subsection.
                    ``(C) Court.--Any action under this subsection 
                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).
            ``(3) Purpose defined.--The term `purpose' in paragraphs 
        (1) and (2) shall include any discriminatory purpose.
            ``(4) Purpose of paragraph (2).--The purpose of paragraph 
        (2) 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 district court of the United States to compel 
any State or political subdivision to satisfy the obligations set forth 
in this section. Such an action 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 
implementation of 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 of the Department of Justice entitled 
`Guidance Concerning Redistricting Under Section 5 of the Voting Rights 
Act; Notice' (76 Fed. Reg. 7470 (February 9, 2011)).
    ``(f) Special Rule.--For purposes of determinations under this 
section, any data provided by the Bureau of the Census, whether based 
on estimation from a 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. 106. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT.

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

``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 
        qualification, 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) The number of registered voters, broken down 
                by demographic group if such breakdown is reasonably 
                available to the State or political subdivision 
                involved.
                    ``(C)(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) 
                the estimated 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 8101 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.''.
    (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. 107. 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), in the flush matter at the 
                end, 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'';
                    (B) in subsection (c), by striking ``Director of 
                the Office of Personnel Management'' and inserting 
                ``Attorney General''; and
                    (C) in subsection (c), by adding at the end the 
                following: ``The Director of the Office of Personnel 
                Management may, with the consent of the Attorney 
                General, assist in the selection, recruitment, hiring, 
                training, or deployment of these or other individuals 
                authorized by the Attorney General for the purpose of 
                observing whether persons who are entitled to vote are 
                being permitted to vote and whether those votes are 
                being properly tabulated.''.
            (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. 108. 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 to read as follows:
    ``(d) Whenever there are reasonable grounds to believe that any 
person has engaged in, or is about to engage in, any act or practice 
that would (1) deny any citizen the right to register, to cast a 
ballot, or to have that ballot counted properly and included in the 
appropriate totals of votes cast in violation of the 14th, 15th, 19th, 
24th, or 26th Amendments to the Constitution of the United States, (2) 
violate subsection (a) or (b) of section 11, or (3) violate any other 
provision of this Act or any other Federal voting rights law that 
prohibits discrimination on the basis of race, color, or membership in 
a language minority group, an aggrieved person or (in the name of the 
United States) the Attorney General may institute an action for 
preventive relief, including an application for a temporary or 
permanent injunction, restraining order, or other appropriate order. 
Nothing in this subsection shall be construed to create a cause of 
action for civil enforcement of criminal provisions of this or any 
other Act.''.
    (c) Judicial Relief.--Section 204 of the Voting Rights Act of 1965 
(52 U.S.C. 10504) is amended by striking the first sentence and 
inserting the following: ``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 this 
title, 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(a)(1)) is amended to 
read as follows:
    ``(a)(1) 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 
26th Amendment to the Constitution of the United States.''.

SEC. 109. PREVENTIVE RELIEF.

    Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 
10308(d)), as amended by section 108, 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 any of the provisions listed in section 11(a)(1) of 
the John R. Lewis Voting Rights Advancement Act 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 to the 
                Constitution of the United States;
                    ``(II) a violation of the 19th, 24th, or 26th 
                Amendments to the Constitution of the United States;
                    ``(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 to the 
                Constitution of the United States;
                    ``(II) a violation of the 19th, 24th, or 26th 
                Amendment to the Constitution of the United States;
                    ``(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. 110. BILINGUAL ELECTION REQUIREMENTS.

    Section 203(b)(1) of the Voting Rights Act of 1965 (52 U.S.C. 
10503(b)(1)) is amended by striking ``2032'' and inserting ``2037''.

SEC. 111. 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 111(a)(1) 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. 112. PROTECTION OF TABULATED VOTES.

    The Voting Rights Act of 1965 (52 U.S.C. 10307) is amended--
            (1) in section 11--
                    (A) by amending subsection (a) to read as follows:
    ``(a) No person acting under color of law shall--
            ``(1) fail or refuse to permit any person to vote who is 
        entitled to vote under Federal law or is otherwise qualified to 
        vote;
            ``(2) willfully fail or refuse to tabulate, count, and 
        report such person's vote; or
            ``(3) willfully fail or refuse to certify the aggregate 
        tabulations of such persons' votes or certify the election of 
        the candidates receiving sufficient such votes to be elected to 
        office.''; and
                    (B) in subsection (b), by inserting ``subsection 
                (a) or'' after ``duties under''; and
            (2) in section 12--
                    (A) in subsection (b)--
                            (i) by striking ``a year following an 
                        election in a political subdivision in which an 
                        observer has been assigned'' and inserting ``22 
                        months following an election for Federal 
                        office''; and
                            (ii) by adding at the end the following: 
                        ``Whenever the Attorney General has reasonable 
                        grounds to believe that any person has engaged 
                        in or is about to engage in an act in violation 
                        of this subsection, the Attorney General may 
                        institute (in the name of the United States) a 
                        civil action in Federal district court seeking 
                        appropriate relief.'';
                    (B) in subsection (c), by inserting ``or solicits a 
                violation of'' after ``conspires to violate''; and
                    (C) in subsection (e), by striking the first and 
                second sentences and inserting the following: ``If, 
                after the closing of the polls in an election for 
                Federal office, persons allege that notwithstanding (1) 
                their registration by an appropriate election official 
                and (2) their eligibility to vote in the political 
                subdivision, their ballots have not been counted in 
                such election, and if upon prompt receipt of 
                notifications of these allegations, the Attorney 
                General finds such allegations to be well founded, the 
                Attorney General may forthwith file with the district 
                court an application for an order providing for the 
                counting and certification of the ballots of such 
                persons and requiring the inclusion of their votes in 
                the total vote for all applicable offices before the 
                results of such election shall be deemed final and any 
                force or effect given thereto.''.

SEC. 113. ENFORCEMENT OF VOTING RIGHTS BY ATTORNEY GENERAL.

    Section 12 of the Voting Rights Act of 1965 (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 this Act and other Federal 
        laws 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 the Attorney General has 
        reason to believe is within their possession, custody, or 
        control. A demand by the Attorney General under this subsection 
        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 the production described under 
                subparagraph (A) and the answers described under 
                subparagraph (B).
            ``(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 Federal law 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 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 shall be 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 
                        20 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 20 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, shall, 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) 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) the requirements described in both 
                        clause (i) and clause (ii) have been met; 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. 114. 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 (25 U.S.C. 5304).
            ``(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 (25 
        U.S.C. 5304).
            ``(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. 115. 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. 116. 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.''.
    (d) Review of Preclearance Submission Under Section 5 Due to 
Exigency.--Section 5 of such Act (52 U.S.C. 10304) is amended, in 
subsection (a), by inserting ``An exigency, including a natural 
disaster, inclement weather, or other unforeseeable event, requiring 
such different qualification, prerequisite, standard, practice, or 
procedure within 30 days of a Federal, State, or local election shall 
constitute good cause requiring the Attorney General to expedite 
consideration of the submission.'' after ``will not be made.''.

SEC. 117. SEVERABILITY.

     If any provision of the John R. Lewis Voting Rights Advancement 
Act of 2021 or any amendment made by this title, 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 title and amendments made by this title, and the 
application of the provisions and amendments to any other person or 
circumstance, and any remaining provision of the Voting Rights Act of 
1965 (52 U.S.C. 10301 et seq.), shall not be affected by the holding. 
In addition, if any provision of the Voting Rights Act of 1965 (52 
U.S.C. 10301 et seq.), or any amendment to the Voting Rights Act of 
1965, 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 application of the provision and 
amendment to any other person or circumstance, and any remaining 
provisions of the Voting Rights Act of 1965, shall not be affected by 
the holding.

SEC. 118. 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.

         TITLE II--ELECTION WORKER AND POLLING PLACE PROTECTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Election Worker and Polling Place 
Protection Act''.

SEC. 202. FEDERALLY PROTECTED ACTIVITIES.

    Section 245 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``willfully'' and inserting ``, or violence, 
                or threat of harm to any person or property, 
                intentionally'';
                    (B) in paragraph (1)(A), by inserting ``, or any 
                agent, contractor, or vendor of a legally authorized 
                election official assisting in the administration of 
                any primary, special, or general election'' before the 
                semicolon at the end; and
                    (C) in the undesignated matter following paragraph 
                (5)--
                            (i) by striking ``one year'' and inserting 
                        ``3 years''; and
                            (ii) by striking ``of this section'' each 
                        place it appears and inserting ``of this 
                        subsection'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (3) by inserting after subsection (b) the following:
    ``(c)(1) Whoever, whether or not acting under color of law, 
intentionally physically damages or threatens to physically damage any 
physical property being used as a polling place or tabulation center or 
other election infrastructure shall be fined under this title, or 
imprisoned not more than 1 year, or both; and if bodily injury results 
from the acts committed in violation of this subsection or if such acts 
include the use, attempted use, or threatened use of a dangerous 
weapon, explosives, or fire shall be fined under this title, or 
imprisoned not more than 10 years, or both; and if death results from 
the acts committed in violation of this subsection or if such acts 
include kidnapping or an attempt to kidnap, aggravated sexual abuse or 
an attempt to commit aggravated sexual abuse, or an attempt to kill, 
shall be fined under this title or imprisoned for any term of years or 
for life, or both.
    ``(2) For purposes of this subsection, de minimus damage or threats 
of de minimus damage to physical property, such as graffiti, shall not 
be considered a violation of paragraph (1).
    ``(3) In this subsection, the term `election infrastructure' means 
any office of an election official, staff, worker, or volunteer or any 
physical, mechanical, or electrical device, structure, or tangible item 
used in the process of creating, distributing, voting, returning, 
counting, tabulating, auditing, storing, or other handling of voter 
registration or ballot information.''.

              TITLE III--NATIVE AMERICAN VOTING RIGHTS ACT

SEC. 301. SHORT TITLE.

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

SEC. 302. 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 title 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. 303. DEFINITIONS.

    In this title:
            (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 title 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. 304. 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 108 of this title; and
                    (C) the requirements of Tribes, States, and 
                precincts established under this title;
            (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 title, 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. 305. 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. 306. 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 title.
            (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. 307. 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. 308. 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. 309. 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 306(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. 310. 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. 311. 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. 312. 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. 313. TRIBAL VOTING CONSULTATION.

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

SEC. 314. ATTORNEYS' FEES, EXPERT FEES, AND LITIGATION EXPENSES.

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

SEC. 315. 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 title.

SEC. 316. 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. 317. SEVERABILITY; RELATIONSHIP TO OTHER LAWS; TRIBAL SOVEREIGN 
              IMMUNITY.

    (a) Severability.--If any provision of this title, or the 
application of such a provision to any person, entity, or circumstance, 
is held to be invalid, the remaining provisions of this title and the 
application of all provisions of this title to any other person, 
entity, or circumstance shall not be affected by the invalidity.
    (b) Relationship to Other Laws.--Nothing in this title 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 title, and the 
amendments made by this title, shall be applicable within the State of 
Maine.
    (c) Tribal Sovereign Immunity.--Nothing in this title 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. 318. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.
                                                       Calendar No. 143

117th CONGRESS

  1st Session

                                  S. 4

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 6, 2021

            Read the second time and placed on the calendar