,,ii #aadth ,,congress #ast ,session ,s4 #aiab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjae ,mr4 ,tester 7for himself1 ,mr4 ,franken1 ,ms4 ,heitkamp1 and ,mr4 ,udall7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to protect the rights of ,indian and ,native ,alaskan voters4 #a4 ,short title ,this ,act may be cited as the ,native ,american ,voting ,rights ,act of #bjae4 #b4 ,definitions ,in this ,act3 7#a7 ,indian reservation ,the term ,indian reservation shall have the meaning given the term in section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc74 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 #c4 ,tribal access to polling places and voter registration 7a7 ,actions requiring preclearance ,no ,state or political subdivision may1 unless that ,state or political subdivision meets the requirements of subsection 7b7-- 7#a7 eliminate the only polling place or voter registration site on an ,indian reservation2 7#b7 move or consolidate a polling place or voter registration site that is located on an ,indian reservation to a location #a mile or further from the existing location of the polling place or voter registration site2 7#c7 move or consolidate a polling place on an ,indian reservation to a location across a river1 lake1 mountain1 or other natural boundary such that it makes travel difficult for a voter1 regardless of distance2 7#d7 eliminate in-person voting on an ,indian reservation by designating an ,indian reservation as a permanent absentee voting location1 unless-- 7,a7 the entire ,state is or becomes a permanent absentee voting ,state2 or 7,b7 the ,indian tribe requests such a designation in accordance with section #c7;c72 7#e7 remove an early voting location or otherwise diminish early voting opportunities on an ,indian reservation2 or 7#f7 decrease the number of days or hours that an in-person or early voting location is open on an ,indian reservation or change the dates of in-person or early voting on an ,indian reservation4 7b7 ,preclearance 7#a7 ,in ,general ,a ,state or political subdivision meets the requirements of this subsection if the ,state or political subdivision-- 7,a7 institutes an action in the ,united ,states ,district ,court for the ,district of ,columbia for a declaratory judgment that the specified activity described in subsection 7a7 that the ,state or political subdivision desires to carry out neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color1 or membership in a language minority group1 and unless and until the court enters such judgment the ,state or political subdivision shall not carry out such activity2 or 7,b7 the chief legal officer or other appropriate official of such ,state or subdivision submits a request to carry out the specified activity described in subsection 7a7 to the ,attorney ,general and the ,attorney ,general has not interposed an objection within #fj days after such submission1 or upon good cause shown1 to facilitate an expedited approval within #fj days after such submission1 the ,attorney ,general has affirmatively indicated that such objection will not be made4 7#b7 ,no limitation on future actions ,neither an affirmative indication by the ,attorney ,general that no objection will be made1 nor the ,attorney ,general's failure to object1 nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of an activity described in subsection 7a74 ,in the event the ,attorney ,general affirmatively indicates that no objection will be made within the #fj-;day period following receipt of a submission1 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 #fj-;day period which would otherwise require objection in accordance with this section4 ,any action under this section shall be heard and determined by a court of #c judges in accordance with the provisions of section #bbhd of title #bh of the ,united ,states ,code and any appeal shall lie to the ,supreme ,court4 #d4 ,designation of tribal polling places 7a7 ,obligations of the ,state 7#a7 ,designation of ,state officer ,each of the several ,states whose territory contains all or part of an ,indian reservation shall designate1 for each ,indian tribe of each ,indian reservation1 an officer within that ,state responsible for compliance with the provisions of this ,act4 ,the ,state shall provide written notice to each such ,indian tribe of the officer so designated4 7#b7 ,provision of polling places ,for each ,indian tribe that satisfies the obligations of subsection 7b71 and for each election that is held at least #ahj days after the ,indian tribe initially satisfies such obligations1 any ,state whose territory contains all or part of an ,indian reservation of the ,indian tribe-- 7,a7 shall provide a minimum of one polling place in a location selected by the ,indian tribe2 7,b7 shall provide additional polling places in locations selected by the ,indian tribe if1 based on the totality of circumstances1 it is shown that not providing additional polling places would result in members of the ,indian tribe having less opportunity to vote than other citizens have1 as determined by the ,attorney ,general2 7,c7 shall1 at each polling place provided in accordance with this section1 make voting machines1 tabulation machines1 ballots1 provisional ballots1 and other voting materials available to the same extent that such equipment and materials are made available at most other polling places in the ,state2 7,d7 shall1 at each polling place provided under this section1 conduct the election using the same voting procedures that are used at other polling places in the ,state2 7,e7 shall1 at each polling place provided in accordance with this section1 provide training1 compensation1 and other benefits to election officials and poll workers to the same extent that such training1 compensation1 and benefits are provided to election officials and poll workers at other polling places in the ,state2 7,f7 shall cooperate in good faith with the efforts of the ,indian tribe to satisfy the certifications the ,indian tribe made pursuant to subparagraphs 7,b7 through 7,e7 of subsection 7b77#a72 and 7,g7 may fulfill the ,state's obligations under subparagraphs 7,a7 and 7,b7 by relocating existing polling places1 by creating new polling places1 or both4 7#c7 ,equitable opportunities to vote ,when assessing the opportunities to vote provided to members of the ,indian tribe and to other citizens in the ,state1 to determine the number of additional polling places 7if any7 that a ,state must provide pursuant to subparagraph 7,b7 of paragraph 7#b71 the ,state1 and any court applying this ,act1 shall consider-- 7,a7 the number of voting-age citizens assigned to each polling place2 7,b7 the distances that voters must travel to reach the polling places2 7,c7 the time that voters must spend traveling to reach the polling places2 7,d7 the modes of transportation that voters use to reach the polling places2 7,e7 the existence of and access to public transportation to the polling places2 and 7,f7 any other factor relevant to effectuating the purposes of this ,act4 7b7 ,obligations of the ,indian ,tribe 7#a7 ,the ,state obligations in subsection 7a7 shall apply only if the ,indian tribe files a standing request with the officer designated under subsection 7a77#a7 for a polling place or polling places for future elections1 pursuant to subparagraphs 7,a7 and 7,b7 of subsection 7a77#b71 which-- 7,a7 specifies the number and locations of such polling places2 7,b7 certifies that the ,indian tribe has arranged access to the facilities in which such polling places will be located1 and that such access is in accordance with ,federal and ,state law2 7,c7 certifies that the ,indian tribe will ensure that each such polling place will be open and accessible to all voting-age citizens who reside in the precinct or other geographic area assigned to such polling place1 regardless of whether such citizens are or are not members of the ,indian tribe or of any other ,indian tribe2 7,d7 certifies that the ,indian tribe will designate election officials and poll workers to staff such polling places on every day that the polling places will be open2 and 7,e7 certifies that the ,indian tribe will ensure that the election officials and poll workers who the ,indian tribe designate to staff such polling places attend and satisfactorily complete any training that is required of election officials and poll workers who staff other polling places in nearby areas of the ,state1 or requests that the ,state shall designate such election officials and poll workers4 7#b7 ,at any time at least #fj days before an election1 an ,indian tribe that previously has satisfied the obligations of paragraph 7#a7 may notify the ,state that the ,indian tribe intends to opt out of the standing request for one or more polling places as described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#b7 for a particular election or for all future elections4 7c7 ,absentee ,balloting ,in ,states that permit absentee or mail-in balloting1 an ,indian tribe may request to the ,state or political subdivision that an ,indian reservation of the ,indian tribe be designated as an absentee ballot location4 ,in such instances1 absentee ballots shall be provided to each registered voter living on the ,indian reservation without the requirement of a request or an excuse for an absentee ballot4 ,bilingual election materials shall be provided if required by section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc74 7d7 ,early ,voting ,in ,states that provide for early voting1 a ,state or local election official shall provide at least one early voting location on an ,indian reservation upon the request of the applicable ,indian tribe4 7e7 ,facilities ,an ,indian tribe may request to the ,state or political subdivision that tribal government offices or ,federal facilities1 such as ,indian ,health ,service or ,bureau of ,indian ,affairs facilities1 be designated as polling places or voter registration agencies under section #g of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejf7 provided that the tribal government office or ,federal facility meets the requirements of ,federal and ,state law applied to other polling places or voter registration agencies within the ,state or political subdivision4 7f7 ,tribal ,government ,identification ,if a ,state or political subdivision requires an individual to present identification for the purposes of voting or registering to vote1 a tribal identification card shall be treated as a valid form of identification for such purposes4 7g7 ,enforcement ,the government of an ,indian tribe or the ,attorney ,general of the ,united ,states may bring a civil action against a ,state or political subdivision1 as the case may be1 or against an appropriate ,state or political subdivision officer acting in an official capacity in an appropriate ,united ,states district court for such declaratory or injunctive relief as may be necessary to effectuate the provisions of this section4 7h7 ,relationship to ,other ,laws ,nothing in this ,act shall invalidate1 or limit the rights1 remedies1 or procedures available under1 or supersede1 restrict1 or limit the application of1 the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq471 the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjija et seq471 or any other ,federal law or regulation related to voting or the electoral process4 #e4 ,bilingual election requirements ,section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc7 is amended-- 7#a7 in subsection 7b77#c77;,c71 by striking #aiij and inserting #bjaj2 and 7#b7 in subsection 7c71 by striking or in the case of ,alaskan natives and ,american ,indians1 if the predominant language is historically unwritten and inserting 7as of the date on which the materials or information is provided74 #f4 ,federal observers to protect tribal voting rights ,section #h7;a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcje7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking or after the semicolon2 7#b7 in paragraph 7#b71 by adding or after the semicolon2 and 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 the ,attorney ,general has received a written complaint from an ,indian ,tribe that efforts to deny or abridge the right to vote under the color of law on account of race or color1 or in contravention of the guarantees set forth in section #d7;f77#b71 are likely to occur2 4 #g4 ,election observer transparency ,the ,attorney ,general shall make publicly available the reports of ,federal election observers appointed pursuant to section 7#h77;a77#c7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcje7;a77#c771 as added by section #f1 not later than #f months after the date that such reports are submitted to the ,attorney ,general4 #h4 ,tribal voting consultation ,the ,attorney ,general shall1 to the extent practicable1 consult annually with ,indian tribes regarding issues related to voting for members of an ,indian tribe4 #i4 ,attorneys' fees1 expert fees1 litigation expenses ,in any civil action under this ,act1 the court1 in its discretion1 may award reasonable attorneys' fees1 reasonable expert fees1 and other reasonable litigation expenses as part of the costs to the prevailing party1 other than the ,united ,states4