[Congressional Record Volume 170, Number 37 (Thursday, February 29, 2024)]
[Senate]
[Pages S1079-S1086]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Warnock, Mr. Booker, Mr. 
        Blumenthal, Ms. Butler, Mr. Schumer, Mrs. Murray, Mr. Wyden, 
        Mr. Reed, Mr. Carper, Ms. Stabenow, Ms. Cantwell, Mr. Menendez, 
        Mr. Cardin, Mr. Sanders, Mr. Brown, Mr. Casey, Ms. Klobuchar, 
        Mr. Whitehouse, Mr. Tester, Mrs. Shaheen, Mr. Warner, Mr. 
        Merkley, Mr. Bennet, Mrs. Gillibrand, Mr. Coons, Mr. Schatz, 
        Ms. Baldwin, Mr. Murphy, Ms. Hirono, Mr. Heinrich, Mr. King, 
        Mr. Kaine, Ms. Warren, Mr. Markey, Mr. Peters, Mr. Van Hollen, 
        Ms. Duckworth, Ms. Hassan, Ms. Cortez Masto, Ms. Smith, Ms. 
        Sinema, Ms. Rosen, Mr. Kelly, Mr. Lujan, Mr. Hickenlooper, Mr. 
        Padilla, Mr. Ossoff, Mr. Welch, and Mr. Fetterman):
  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; to the 
Committee on the Judiciary.
  Mr. SCHUMER. Madam President, on voting rights, later today, I will 
join several of my Democratic colleagues at a press conference to mark 
the reintroduction of the John R. Lewis Voting Rights Advancement Act.
  John Lewis once said:

       Democracy is not a state. It is an act, and each generation 
     must do its part to help build what we called the Beloved 
     Community.

  That is what John Lewis said.
  With this legislation, we are not only honoring John Lewis and his 
lifetime fight for voting rights, we are also committed to doing our 
part to expand access to the ballot box and end voter discrimination, 
which has plagued this Republic since its founding.
  I will have more to say later, but recent history makes it absolutely 
clear that we need these protections on the books. MAGA Republicans 
across the country are continuing their dangerous crusade--self-
serving--to restrict access to the ballot box, particularly when it 
comes to people of color ahead of the November election.
  So Democrats will continue to heed the words of our late colleague, 
John Lewis, and we will work tirelessly to safeguard the right to vote 
and our democracy, advancing the John Lewis Voting Rights Advancement 
Act and the Freedom to Vote Act.
  We can--and must--build a more responsive democracy, a more perfect 
Union.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                  S. 4



 =========================== NOTE =========================== 

  
  On page S1079, February 29, 2024, in the center column, the 
following appears: . . . build a more responsive democracy, a more 
perfect Union. S. 4
  
  The online Record has been corrected to read: . . . build a more 
responsive democracy, a more perfect Union. Mr. DURBIN. Madam 
President, I ask unanimous consent that the text of the bill be 
printed in the Record. There being no objection, the text of the 
bill was ordered to be printed in the Record, as follows: S. 4


 ========================= END NOTE ========================= 


       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 2024''.

              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:

[[Page S1080]]

       ``(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

[[Page S1081]]

     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) and redesignating 
     subparagraphs (D) through (F) as subparagraphs (C) through 
     (E), respectively;
       (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 2024, 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 2024.
       ``(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

[[Page S1082]]

     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.

[[Page S1083]]

       ``(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)(1) 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

[[Page S1084]]

     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 111(a)(1) of 
     the John R. Lewis Voting Rights Advancement Act of 2024 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 2024,'' 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

[[Page S1085]]

     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

[[Page S1086]]

     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 2024 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. PROHIBITION ON INTERFERENCE AND INTIMIDATION.

       Section 11 of the Voting Rights Act of 1965 (52 U.S.C. 
     10307) is amended by adding at the end the following:
       ``(f)(1)(A) Whoever, whether or not acting under color of 
     law, by force or threat of force, or by violence or threat of 
     violence to any person or property, willfully interferes with 
     or attempts to interfere with, the ability of any person or 
     any class of persons to vote or qualify to vote, or to 
     qualify or act as a poll watcher or as any legally authorized 
     election official, in any primary, special, or general 
     election, or any person who is, or is employed by, an agent, 
     contractor, or vendor of a legally authorized election 
     official assisting in the administration of any primary, 
     special, or general election to assist in that 
     administration, shall be fined not more than $2,500, or 
     imprisoned not more than 6 months, or both.
       ``(B) Whoever, whether or not acting under color of law, by 
     force or threat of force, or by violence or threat of 
     violence to any person or property, willfully intimidates or 
     attempts to intimidate, any person or any class of persons 
     seeking to vote or qualify to vote, or to qualify or act as a 
     poll watcher or as any legally authorized election official, 
     in any primary, special, or general election, or any person 
     who is, or is employed by, an agent, contractor, or vendor of 
     a legally authorized election official assisting in the 
     administration of any primary, special, or general election, 
     shall be fined not more than $2,500, or imprisoned not more 
     than 6 months, or both.
       ``(C) If bodily injury results from an act committed in 
     violation of this paragraph or if such act includes the use, 
     attempted use, or threatened use of a dangerous weapon, an 
     explosive, or fire, then, in lieu of the remedy described in 
     subparagraph (A) or (B), the violator shall be fined not more 
     than $5,000 or imprisoned not more than 1 year, or both.
       ``(2)(A) Whoever, whether or not acting under color of law, 
     willfully physically damages or threatens to physically 
     damage any physical property being used as a polling place or 
     tabulation center or other election infrastructure, with the 
     intent to interfere with the administration of a primary, 
     general, or special election or the tabulation or 
     certification of votes for such an election, shall be fined 
     not more than $2,500, or imprisoned not more than 6 months, 
     or both.
       ``(B) If bodily injury results from an act committed in 
     violation of this paragraph or if such act includes the use, 
     attempted use, or threatened use of a dangerous weapon, an 
     explosive, or fire, then, in lieu of the remedy described in 
     subparagraph (A), the violator shall be fined not more than 
     $5,000 or imprisoned not more than 1 year, or both.
       ``(3) For purposes of this subsection, de minimus damage or 
     a threat of de minimus damage to physical property shall not 
     be considered a violation of this subsection.
       ``(4) For purposes of this subsection, the term `election 
     infrastructure' means any office of a legally authorized 
     election official, or a staffer, worker, or volunteer, 
     assisting such an election official 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.
       ``(g) No prosecution of any offense described in subsection 
     (f) may be undertaken by the United States, except under the 
     certification in writing of the Attorney General, or a 
     designee, that--
       ``(1) the State does not have jurisdiction;
       ``(2) the State has requested that the Federal Government 
     assume jurisdiction; or
       ``(3) a prosecution by the United States is in the public 
     interest and necessary to secure substantial justice.''.
                                 ______