,i #aacth ,,congress #b;d ,session ,h4 ,r4 #chii ,,in ,,the ,,house ,,of ,,representatives ,january #af1 #bjad,mr4 ,sensenbrenner 7for himself1 ,mr4 ,conyers1 ,mr4 ,lewis1 ,mr4 ,scott of ,virginia1 ,mr4 ,bachus1 ,mr4 ,chabot1 ,ms4 ,jackson ,lee1 ,mr4 ,duffy1 and ,mr4 ,hoyer7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,voting ,rights ,act of #aife to revise the criteria for determining which ,states and political subdivisions are subject to section #d of the ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,voting ,rights ,amendment ,act of #bjad4 #b4 ,violations triggering authority of court to retain jurisdiction 7a7 ,types of ,violations ,section #c7;c7 of the ,voting ,rights ,act of #aife 7#db ,u4,s4,c4 #aigc;a7c77 is amended by striking violations of the fourteenth or fifteenth amendment and inserting violations of the #adth or #aeth ,amendment2 violations of this ,act 7other than a violation of section #b7;a7 which is based on the imposition of a requirement that an individual provide a photo identification as a condition of receiving a ballot for voting in an election for ,federal1 ,state1 or local office72 or violations of any ,federal voting rights law that prohibits discrimination on the basis of race1 color1 or membership in a language minority group14 7b7 ,conforming ,amendment ,section #c7;a7 of such ,act 7#db ,u4,s4,c4 #aigc;a7a77 is amended by striking violations of the fourteenth or fifteenth amendment and inserting violations of the #adth or #aeth ,amendment1 violations of this ,act1 or violations of any ,federal voting rights law that prohibits discrimination on the basis of race1 color1 or membership in a language minority group14 #c4 ,criteria for coverage of ,states and political subdivisions 7a7 ,determination of ,states and ,political ,subdivisions ,subject to ,section #d7;a7 7#a7 ,in general ,section #d7;b7 of the ,voting ,rights ,act of #aife 7#db ,u4,s4,c4 #aigc;b7b77 is amended to read as follows3 7b7 ,determination of ,states and ,political ,subdivisions ,subject to ,requirements 7#a7 ,existence of voting rights violations during previous #ae years 7,a7 ,statewide application ,subsection 7a7 applies with respect to a ,state and all political subdivisions within the ,state during a calendar year if #e or more voting rights violations occurred in the ,state during the previous #ae calendar years1 at least one of which was committed by the ,state itself 7as opposed to a political subdivision within the ,state74 7,b7 ,application to specific political subdivisions ,subsection 7a7 applies with respect to a political subdivision during a calendar year if-- 7i7 #c or more voting rights violations occurred in the subdivision during the previous #ae calendar years2 or 7ii7 #a or more voting rights violations occurred in the subdivision during the previous #ae calendar years and the subdivision had persistent1 extremely low minority turnout during the previous #ae calendar years4 7#b7 ,period of application 7,a7 ,in general ,except as provided in subparagraph 7,b71 if1 pursuant to paragraph 7#a71 subsection 7a7 applies with respect to a ,state or political subdivision during a calendar year1 subsection 7a7 shall apply with respect to such ,state or political subdivision for the period-- 7i7 that begins on ,january #a of the year in which subsection 7a7 applies pursuant to the applicable provisions of paragraph 7#a72 and 7ii7 that ends on the date which is #aj years after ,january #a of the year in which the most recent voting rights violation occurred in the ,state or political subdivision4 7,b7 ,no further application after declaratory judgment 7i7 ,states ,if a ,state obtains a declaratory judgment under subsection 7a71 and the judgment remains in effect1 subsection 7a7 shall no longer apply to such ,state pursuant to paragraph 7#a77;,a7 unless1 after the issuance of the declaratory judgment1 paragraph 7#a77;,a7 applies to the ,state solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment4 7ii7 ,political subdivisions ,if a political subdivision obtains a declaratory judgment under subsection 7a71 and the judgment remains in effect1 subsection 7a7 shall no longer apply to such political subdivision pursuant to paragraph 7#a71 including pursuant to paragraph 7#a77;,a7 7relating to the statewide application of subsection 7a771 unless1 after the issuance of the declaratory judgment1 paragraph 7#a77;,b7 applies to the political subdivision solely on the basis of voting rights violations 7and1 in the case of paragraph 7#a77;,b77ii71 extremely low minority turnout7 occurring after the issuance of the declaratory judgment4 7#c7 ,determination of voting rights violation ,for purposes of paragraph 7#a71 a voting rights violation occurred in a ,state or political subdivision if any of the following applies3 7,a7 ,in a final judgment 7which has not been reversed on appeal71 any court of the ,united ,states has determined that a denial or abridgement of the right of any citizen of the ,united ,states to vote on account of race1 color1 or membership in a language minority group1 in violation of the #adth or #aeth ,amendment1 occurred anywhere within the ,state or subdivision4 7,b7 ,in a final judgment 7which has not been reversed on appeal71 any court of the ,united ,states has determined that a voting qualification or prerequisite to voting or standard1 practice1 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 or color1 or in contravention of the guarantees set forth in subsection 7f77#b71 in violation of section #b4 7,c7 ,in a final judgment 7which has not been reversed on appeal71 any court of the ,united ,states has denied the request of the ,state or subdivision for a declaratory judgment under section #c7;c7 or section #e1 and thereby prevented a voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting from being enforced anywhere within the ,state or subdivision4 7,d7 ,the ,attorney ,general has interposed an objection under section #c7;c7 or section #e 7and the objection has not been overturned by a final judgment of a court or withdrawn by the ,attorney ,general71 and thereby prevented a voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting from being enforced anywhere within the ,state or subdivision1 other than an objection which is based on a voting qualification or procedure which consists of the imposition of a requirement that an individual provide a photo identification as a condition of receiving a ballot for voting in an election for ,federal1 ,state1 or local office4 7#d7 ,determination of persistent1 extremely low minority turnout ,for purposes of paragraph 7#a77;,b77ii71 a political subdivision has persistent1 extremely low minority turnout with respect to a calendar year if any of the following applies3 7,a7 ,with respect to the general elections for the office of ,president which were held in the political subdivision during the previous #ae calendar years-- 7i7 in the majority of such elections1 the minority turnout rate in the political subdivision was below-- 7,i7 the minority turnout rate for the entire ,nation1 7,,ii7 the nonminority turnout rate for the entire ,nation1 7,,iii7 the minority turnout rate for the ,state in which the political subdivision is located1 7,,iv7 the nonminority turnout rate for the ,state in which the political subdivision is located1 and 7,v7 the nonminority turnout rate for the political subdivision2 and 7ii7 the average minority turnout rate across all such elections in the political subdivision was more than #aj percentage points below the average nonminority turnout rate for the entire ,nation4 7,b7 ,with respect to the general elections for ,federal office which were held in the political subdivision during the previous #ae calendar years-- 7i7 in the majority of such elections1 the minority turnout rate in the political subdivision was below-- 7,i7 the minority turnout rate for the ,state in which the political subdivision is located1 7,,ii7 the nonminority turnout rate for the ,state in which the political subdivision is located1 and 7,,iii7 the nonminority turnout rate for the political subdivision2 and 7ii7 the average minority turnout rate across all such elections in the political subdivision was more than #aj percentage points below the average nonminority turnout rate for the ,state in which the political subdivision is located4 7#e7 ,timing of determinations 7,a7 ,determinations of voting rights violations ,as early as practicable during each calendar year1 the ,attorney ,general shall make the determinations required by this subsection 7other than the determinations described in subparagraph 7,b771 including updating the list of voting rights violations attributable to each ,state and political subdivision for the previous calendar year4 7,b7 ,determinations of turnout rates ,as early as practicable during each odd-numbered calendar year1 the ,attorney ,general1 in consultation with the heads of the relevant offices of the government1 shall make the determinations of turnout rates required by this subsection1 including the minority and nonminority turnout rates for the general elections for ,federal office held in the previous year in each ,state and political subdivision 7expressed as percentages of the citizen voting-age population of the ,state and subdivision and determined using scientifically accepted statistical methodologies74 7,c7 ,effective upon publication in ,federal ,register ,a determination or certification of the ,attorney ,general under this section or under section #h or #ac shall be effective upon publication in the ,federal ,register4 7#f7 ,other definitions ,in this subsection1 the following definitions apply3 7,a7 ,the term general election for ,federal office means a general election held solely or in part for the purpose of electing any candidate for the office of ,president1 ,vice ,president1 ,presidential elector1 ,senator1 ,member of the ,house of ,representatives1 or ,delegate or ,resident ,commissioner to the ,congress4 7,b7 ,the term minority means persons who identify themselves as being-- 7i7 of ,hispanic or ,latino origin2 7ii7 of a race other than white2 or 7iii7 of #b or more races4 7,c7 ,the term 8nonminority0 means persons who identify themselves as being-- 7i7 not of ,hispanic or ,latino origin2 7ii7 white2 and 7iii7 not of any other race4 7,d7 ,the term turnout rate means1 with respect to a demographic group and an election1 the amount 7expressed as a percentage7 equal to the quotient of-- 7i7 the number of individuals in that group who are citizens of the ,united ,states1 who are #ah years of age or older on the date of the election1 and who cast ballots in the election2 divided by 7ii7 the total number of individuals in that group who are citizens of the ,united ,states and who are #ah years of age or older on the date of the election4 4 7#b7 ,conforming amendments ,section #d7;a7 of such ,act 7#db ,u4,s4,c4 #aigc;b7a77 is amended-- 7,a7 in paragraph 7#a7 in the first sentence of the matter preceding subparagraph 7,a71 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 7b71 or in any political subdivision of such ,state 7as such subdivision existed on the date such determinations were made with respect to such ,state71 though such determinations were not made with respect to such subdivision as a separate unit1 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 7b71 unless2 7,b7 in paragraph 7#a7 in the matter preceding subparagraph 7,a71 by striking the second sentence2 7,c7 in paragraph 7#a77;,a71 by striking 7in the case of a ,state or subdivision seeking a declaratory judgment under the second sentence of this subsection72 7,d7 in paragraph 7#a77;,b71 by striking 7in the case of a ,state or subdivision seeking a declaratory judgment under the second sentence of this subsection72 7,e7 in paragraph 7#c71 by striking 7in the case of a ,state or subdivision seeking a declaratory judgment under the second sentence of this subsection72 7,f7 in paragraph 7#e71 by striking 7in the case of a ,state or subdivision which sought a declaratory judgment under the second sentence of this subsection72 and 7,g7 by striking paragraphs 7#g7 and 7#h74 7b7 ,clarification of ,treatment of ,members of ,language ,minority ,groups ,section #d7;a77#a7 of such ,act 7#db ,u4,s4,c4 #aigc;b7a77#a77 is amended by striking race or color1 and inserting race or color or in contravention of the guarantees of subsection 7f77#b714 7c7 ,repeal of ,retention of ,jurisdiction of #c-;,judge ,court ,section #d7;a77#e7 of such ,act 7#db ,u4,s4,c4 #aigc;b7a77#e77 is amended by striking the second and third sentences4 #d4 ,promoting transparency to enforce the ,voting ,rights ,act 7a7 ,transparency 7#a7 ,in general ,the ,voting ,rights ,act of #aife 7#db ,u4,s4,c4 #aigc et seq47 is amended by inserting after section #e the following new section3 #f4 transparency regarding changes to protect voting rights 7a7 ,notice of ,enacted ,changes 7#a7 ,notice of ,changes ,if a ,state or political subdivision makes any change in any prerequisite to voting or standard1 practice1 or procedure affecting voting in any election for ,federal office that will result in the prerequisite1 standard1 practice1 or procedure being different from that which was in effect as of #ahj days before the date of the election1 the ,state or political subdivision shall provide reasonable public notice in such ,state or political subdivision and on the ,internet1 in a reasonably convenient and accessible format1 of a concise description of the change1 including the difference between the changed prerequisite1 standard1 practice1 or procedure and the prerequisite1 standard1 practice1 or procedure which was previously in effect4 7#b7 ,deadline for notice ,a ,state or political subdivision shall provide the public notice required under paragraph 7#a7 not later than #dh hours after making the change involved4 7b7 ,transparency ,regarding ,polling ,place ,resources 7#a7 ,in general ,in order to identify any changes that may impact the right to vote of any person1 prior to the #cjth day before the date of an election for ,federal office1 each ,state or political subdivision with responsibility for allocating registered voters1 voting machines1 and official poll workers to particular precincts and polling places shall provide reasonable public notice in such ,state or political subdivision and on the ,internet1 in a reasonably convenient and accessible format1 of the information described in paragraph 7#b7 for precincts and polling places within such ,state or political subdivision4 7#b7 ,information described ,the information described in this paragraph with respect to a precinct or polling place is as follows3 7,a7 ,the name or number4 7,b7 ,in the case of a polling place1 the location1 including the street address4 7,c7 ,the voting-age population of the area served by the precinct or polling place1 broken down by demographic group if such breakdown is reasonably available to such ,state or political subdivision4 7,d7 ,the number of registered voters assigned to the precinct or polling place1 broken down by demographic group if such breakdown is reasonably available to such ,state or political subdivision4 7,e7 ,the number of voting machines assigned4 7,f7 ,the number of official paid poll workers assigned4 7,g7 ,the number of official volunteer poll workers assigned4 7,h7 ,in the case of a polling place1 the dates and hours of operation4 7#c7 ,updates in information reported ,if a ,state or political subdivision makes any change in any of the information described in paragraph 7#b71 the ,state or political subdivision shall provide reasonable public notice in such ,state or political subdivision and on the ,internet1 in a reasonably convenient and accessible format1 of the change in the information not later than #dh hours after the change occurs or1 if the change occurs fewer than #dh hours before the date of the election1 as soon as practicable after the change occurs4 7c7 ,transparency of ,changes ,relating to ,demographics and ,electoral ,districts 7#a7 ,requiring public notice of changes ,not later than #aj days after making any change in the constituency that will participate in an election for ,federal1 ,state1 or local office or the boundaries of a voting unit or electoral district in an election for ,federal1 ,state1 or local office 7including through redistricting1 reapportionment1 changing from at-large elections to district-based elections1 or changing from district-based elections to at-large elections71 a ,state or political subdivision shall provide reasonable public notice in such ,state or political subdivision and on the ,internet1 in a reasonably convenient and accessible format1 of the demographic and electoral data described in paragraph 7#c7 for each of the geographic areas described in paragraph 7#b74 7#b7 ,geographic areas described ,the geographic areas described in this paragraph are as follows3 7,a7 ,the ,state as a whole1 if the change applies statewide1 or the political subdivision as a whole1 if the change applies across the entire political subdivision4 7,b7 ,if the change includes a plan to replace or eliminate voting units or electoral districts1 each voting unit or electoral district that will be replaced or eliminated4 7,c7 ,if the change includes a plan to establish new voting units or electoral districts1 each such new voting unit or electoral district4 7#c7 ,demographic and electoral data ,the demographic and electoral data described in this paragraph with respect to a geographic area described in paragraph 7#b7 are as follows3 7,a7 ,the voting age population1 broken down by demographic group4 7,b7 ,if it is reasonably available to the ,state or political subdivision involved1 an estimate of the population of the area which consists of citizens of the ,united ,states who are #ah years of age or older1 broken down by demographic group4 7,c7 ,the number of registered voters1 broken down by demographic group if such breakdown is reasonably available to the ,state or political subdivision involved4 7,d7 ,the actual number of votes1 or 7if it is not reasonably practicable for the ,state or political subdivision to ascertain the actual number of votes7 the estimated number of votes received by each candidate in each statewide election and 7if the change applies to only one political subdivision7 in each subdivision-wide election held during the #e-year period which ends on the date the change involved is made4 7#d7 ,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 following3 7,a7 ,a county or parish4 7,b7 ,a municipality with a population greater than #aj1jjj1 as determined under the most recent decennial census4 7,c7 ,a school district with a population greater than #aj1jjj1 as determined under the most recent decennial census4 ,for purposes of this paragraph1 the term school district means the geographic area under the jurisdiction of a local educational agency 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife74 7d7 ,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 section4 7e7 ,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 if the ,state or political subdivision involved did not meet the applicable requirements of this section with respect to the change4 7f7 ,definitions ,in this section-- 7#a7 the term demographic group means each group which section #b protects from the denial or abridgement of the right to vote on account of race or color1 or in contravention of the guarantees set forth in section #d7;f77#b72 and 7#b7 the term election means1 with respect to ,federal office1 any general1 special1 primary1 or runoff election held solely or in part for the purpose of electing any candidate for the office of ,president1 ,vice ,president1 ,presidential elector1 ,senator1 ,member of the ,house of ,representatives1 or ,delegate or ,resident ,commissioner to the ,congress4 4 7#b7 ,conforming amendment ,section #c7;a7 of such ,act 7#db ,u4,s4,c4 #aigc;a7a77 is amended by striking in accordance with section #f4 7b7 ,effective ,date ,the amendment made by subsection 7a77#a7 shall apply with respect to changes which are made on or after the expiration of the #fj-;day period which begins on the date of the enactment of this ,act4 #e4 ,authority to assign observers 7a7 ,clarification of ,authority in ,political ,subdivisions ,subject to ,preclearance ,section #h7;a77#b77;,b7 of the ,voting ,rights ,act of #aife 7#db ,u4,s4,c4 #aigc;f7a77#b77;,b77 is amended to read as follows3 7,b7 in the ,attorney ,general's judgment1 the assignment of observers is otherwise necessary to enforce the guarantees of the #adth or #aeth ,amendment or any provision of this ,act or any other law of the ,united ,states protecting the right of citizens of the ,united ,states to vote2 4 7b7 ,assignment of ,observers ,to ,enforce ,bilingual ,election ,requirements ,section #h7;a7 of such ,act 7#db ,u4,s4,c4 #aigc;f7a77 is amended-- 7#a7 by striking or at the end of paragraph 7#a72 7#b7 by adding or at the end of paragraph 7#b72 and 7#c7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 the ,attorney ,general certifies with respect to a political subdivision that-- 7,a7 the ,attorney ,general has received written meritorious complaints from residents1 elected officials1 or civic participation organizations that efforts to violate section #bjc are likely to occur1 or 7,b7 in the ,attorney ,general's judgment1 the assignment of observers is necessary to enforce the guarantees of section #bjc2 4 #f4 ,injunctive relief 7a7 ,clarification of ,scope and ,persons ,authorized ,to ,seek ,relief ,section #ab7;d7 of the ,voting ,rights ,act of #aife 7#db ,u4,s4,c4 #aigc;j7d77 is amended-- 7#a7 by striking section #b1 #c1 #d1 #e1 #g1 #aj1 #aa1 or subsection 7b7 of this section and inserting the #adth or #aeth ,amendment1 this ,act1 or any ,federal voting rights law that prohibits discrimination on the basis of race1 color1 or membership in a language minority group2 and 7#b7 by striking the ,attorney ,general may institute for the ,united ,states1 or in the name of the ,united ,states1 and inserting the aggrieved person or 7in the name of the ,united ,states7 the ,attorney ,general may institute4 7b7 ,grounds for ,granting ,relief ,section #ab7;d7 of such ,act 7#db ,u4,s4,c4 #aigc;j7d77 is amended-- 7#a7 by striking 7d7 ,whenever any person and inserting 7d77#a7 ,whenever any person2 7#b7 by striking 7#a7 to permit and inserting 7,a7 to permit2 7#c7 by striking 7#b7 to count and inserting 7,b7 to count2 and 7#d7 by adding at the end the following new paragraph3 7#b7 7,a7 ,in any action for relief described in this subsection1 the court shall grant the relief if the court determines that1 on balance1 the hardship imposed upon the defendant by the issuance of the relief will be less than the hardship which would be imposed upon the plaintiff if the relief were not granted4 7,b7 ,in making its determination under this paragraph with respect to a change in any voting qualification1 prerequisite to voting1 or standard1 practice1 or procedure affecting voting1 the court shall consider the following factors 7to the extent applicable to the action73 7i7 ,whether the qualification1 prerequisite1 standard1 practice1 or procedure in effect prior to the change was adopted as a remedy for a ,federal court judgment1 consent decree1 or admission regarding-- 7,i7 discrimination on the basis of race or color in violation of the #adth or #aeth ,amendment2 7,,ii7 a violation of this ,act2 or 7,,iii7 voting discrimination on the basis of race1 color1 or membership in a language minority group in violation of any other ,federal or ,state law4 7ii7 ,whether the qualification1 prerequisite1 standard1 practice1 or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging-- 7,i7 discrimination on the basis of race or color in violation of the #adth or #aeth ,amendment2 7,,ii7 a violation of this ,act2 or 7,,iii7 voting discrimination on the basis of race1 color1 or membership in a language minority group in violation of any other ,federal or ,state law4 7iii7 ,whether the change was adopted fewer than #ahj days before the date of the election with respect to which it is to take effect4 7iv7 ,whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable ,federal or ,state law4 4 #g4 ,other technical and conforming amendments 7a7 ,actions ,covered ,under ,section #c ,section #c7;c7 of the ,voting ,rights ,act of #aife 7#db ,u4,s4,c4 #aigc;a7c77 is amended-- 7#a7 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 7including the ,attorney ,general7 seeks to enforce2 and 7#b7 by striking at the time the proceeding was commenced and inserting at the time the action was commenced4 7b7 ,clarification of ,treatment of ,members of ,language ,minority ,groups ,section #d7;f7 of such ,act 7#db ,u4,s4,c4 #aigc;b7f77 is amended-- 7#a7 in paragraph 7#a71 by striking the second sentence2 and 7#b7 by striking paragraphs 7#c7 and 7#d74 7c7 ,period ,during ,which ,changes in ,voting ,practices are ,subject to ,preclearance ,under ,section #e ,section #e of such ,act 7#db ,u4,s4,c4 #aigc;c7 is amended-- 7#a7 in subsection 7a71 by striking based upon determinations made under the first sentence of section #d7;b7 are in effect and inserting are in effect during a calendar year2 7#b7 in subsection 7a71 by striking ,november #a1 #aifd and all that follows through ,november #a1 #aigb and inserting the applicable date of coverage2 and 7#c7 by adding at the end the following new subsection3 7e7 ,the term applicable date of coverage means1 with respect to a ,state or political subdivision-- 7#a7 ,june #be1 #bjac1 if the most recent determination for such ,state or subdivision under section #d7;b7 was made on or before ,december #ca1 #bjae2 or 7#b7 the date on which the most recent determination for such ,state or subdivision under section #d7;b7 was made1 if such determination was made after ,december #ca1 #bjae4 4