S. 2399 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2399 IN THE SENATE OF THE UNITED STATES May 22, 2014 Mr. Begich (for himself, Ms. Hirono, Mr. Tester, Mr. Walsh, Mr. Johnson of South Dakota, and Ms. Heitkamp) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To safeguard the voting rights of Native American and Alaska Native voters and to provide the resources and oversight necessary to ensure equal access to the electoral process. 1. Short title This Act may be cited as the Native Voting Rights Act of 2014. 2. Tribal identification; Actions for a disparity in availability of polling places Section 2 of the Voting Rights Act (42 U.S.C. 1973) is amended by adding at the end the following: (c) If a State or political subdivision requires an individual to present a valid form of identification for the purposes of voting, including registering to vote, an individual's unexpired tribal identification document issued by an Indian tribe (including a tribal identification document issued by a Native Corporation, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) shall be treated as a valid form of identification for such purposes. (d) (1) (A) The Attorney General may institute in the name of the United States actions, including actions against States or political subdivisions, for declaratory judgment or injunctive relief if the Attorney General finds, at the discretion of the Attorney General, a disparity between in-person voting opportunities for members of an Indian tribe as compared to in-person voting opportunities for individuals who are not members of an Indian tribe. (B) Such injunctive relief shall include measures to reduce such disparity by increasing the availability of polling places. (2) The district courts of the United States shall have jurisdiction of such actions which shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 of the United States Code and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. There shall be a presumption that such disparity results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2). (3) Notwithstanding paragraphs (1) and (2), an aggrieved person may bring an action described in paragraph (1)(A). The provisions of paragraph (2) shall apply to such action. . 3. Protections relating to polling places on Indian reservations (a) Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by adding at the end the following: (g) Protections relating to Indian reservations (1) In General No State or political subdivision shall carry out any of the following activities unless that State or political subdivision obtains the approval of the court or the nonobjection of the Attorney General under section 5(a): (A) Eliminating the only polling place or voter registration site on an Indian reservation. (B) Moving or consolidating a polling place or voter registration site 1 mile or further from the existing location of the polling place or voter registration site on an Indian reservation. (C) Moving or consolidating a polling place on an Indian reservation across a river, lake, mountain, or other natural boundary such that it makes travel difficult for a voter, regardless of distance. (D) Eliminating in-person voting on an Indian reservation by designating an Indian reservation as a permanent absentee voting location, unless the entire State is or becomes a permanent absentee voting State. (E) Removing an early voting location or otherwise diminishing early voting opportunities on an Indian reservation. (F) Decreasing the number of days or hours that an in-person or early voting location is open on an Indian reservation or changing the dates of in-person or early voting on an Indian reservation. (2) Definition For purposes of this subsection, the term Indian reservation shall have the meaning given such term under section 203(b)(3). . (b) Section 5(a) of the Voting Rights Act of 1965 (42 U.S.C. 1973c(a)) is amended— (1) in the first sentence, by inserting or whenever a State or political subdivision shall enact or seek to administer any of the activities described in subsection (g) of section 4 after November 1, 1972,; and (2) by striking or procedure and inserting procedure, or activity each place the term appears. 4. Federal election oversight on Indian reservations Section 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f) is amended— (1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (2) in subsection (c), as redesignated by paragraph (1) of this section, by striking subsection (c), such observers and inserting subsection (d), the observers described in this section; and (3) by inserting after subsection (a) the following: (b) The Attorney General may authorize Federal observers for elections that occur on an Indian reservation, as defined under section 203, if the Attorney General has received from a tribal organization— (1) a written complaint that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), may occur on an Indian reservation; and (2) a request for the authorization of Federal observers for elections that occur on that Indian reservation. . 5. Termination of Election Observers Section 13(a) of the Voting Rights Act of 1965 (42 U.S.C. 1973k(a)) is amended— (1) in paragraph (1)— (A) by striking section 8 and inserting subsection (a) of section 8; and (B) by striking and after the semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; and; and (3) by adding at the end the following: (3) with respect to observers appointed pursuant to subsection (b) of section 8, after the end of the next general election for the office of President. . 6. Definitions Section 14(c) of the Voting Rights Act of 1965 (42 U.S.C. 1973l(c)) is amended by adding at the end the following: (4) The terms Indian tribe and tribal organization have the meaning given such terms under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (5) The term member of an Indian tribe means an individual who is a member of an Indian tribe, as defined under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and includes a member of a Native Corporation, as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). . 7. Bilingual election requirements; Definition of Indian reservation Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa–1a) is amended— (1) in subsection (b)(3)(C), by striking 1990 and inserting 2010; and (2) in subsection (c), by striking or in the case of Alaskan natives and American Indians, if the predominant language is historically unwritten and inserting (as of the date on which the materials or information is provided). 8. Election observer transparency The Attorney General shall make publicly available the reports of Federal election observers appointed in accordance with section 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f), not later than 6 months after the date that such reports are submitted to the Attorney General. 9. Tribal voting consultation The Attorney General shall, to the extent practicable, consult annually with tribal organizations regarding issues relating to voting for members of an Indian tribe.