,,ii #aagth ,,congress #ast ,session ,s4 #bgjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #aj1 #bjba,mr4 ,lujn 7for himself1 ,mr4 ,heinrich1 ,mr4 ,sanders1 ,ms4 ,smith1 ,mr4 ,tester1 ,mr4 ,blumenthal1 ,ms4 ,warren1 ,ms4 ,cortez ,masto1 ,mr4 ,schatz1 ,mr4 ,booker1 ,mr4 ,merkley1 ,ms4 ,rosen1 ,ms4 ,hirono1 ,mr4 ,durbin1 ,mr4 ,padilla1 ,mr4 ,van ,hollen1 ,ms4 ,klobuchar1 and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to protect the voting rights of ,native ,american and ,alaska ,native voters4 #a4 ,short title ,this ,act may be cited as the ,frank ,harrison1 ,elizabeth ,peratrovich1 and ,miguel ,trujillo ,native ,american ,voting ,rights ,act of #bjba4 #b4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,the ,constitution explicitly and implicitly grants ,congress broad general powers to legislate on issues relating to ,indian ,tribes1 powers consistently described as plenary and exclusive4 ,these powers arise from the grant of authority in the ,indian ,commerce ,clause and through legislative matters arising under the ,treaty ,clause4 7#b7 ,the ,federal ,government is responsible for upholding the obligations to which the ,federal ,government has agreed through treaties1 legislation1 and executive orders1 referred to as the ,federal trust responsibility toward ,indian ,tribes and their members4 7#c7 ,the ,supreme ,court has repeatedly relied on the nature of this government to government relationship between the ,united ,states and sovereign ,indian ,tribes for congressional authority to enact legislation that singles out ,indians for particular and special treatment4 ,morton v4 ,mancari1 #dag ,u4,s4 #ece1 #eed-eee 7#aigd74 7#d7 ,legislation removing barriers to ,native ,american voting is vital for the fulfillment of ,congress' unique obligation toward ,indians1 particularly ensuring that ,native ,american voters are fully included as qualified members of the modern body politic4 ,board of ,county ,comm'rs v4 ,seber1 #cah ,u4,s4 #gje1 #gae 7#aidc74 7#e7 ,under the ,elections ,clause of article ,i1 section #d of the ,constitution1 ,congress has additional power to regulate any election conducted to select ,members of ,congress4 ,taken together1 the ,indian ,commerce ,clause and the ,election ,clause give ,congress broad authority to enact legislation to safeguard the voting rights of ,native ,american voters4 7#f7 ,despite ,congress' decision to grant ,native ,americans ,federal citizenship1 and with it the protections of the ,fifteenth ,amendment1 with passage of the ,act of ,june #b1 #aibd 7,chapter #bcc2 #dc ,stat4 #bec7 7commonly known as the ,indian ,citizenship ,act of #aibd71 ,states continued to deploy distinct methods for disenfranchising ,indians by enacting statutes to exclude from voter rolls ,indians living on ,indian lands1 requiring that ,indians first terminate their relationship with their ,indian ,tribe1 restricting the right to vote on account of a ,tribal member's guardianship status1 and imposing literacy tests4 7#g7 ,barriers to voter access for ,native ,americans persist today1 and such barriers range from obstructing voter access to vote dilution and intentional malapportionment of electoral districts4 7#h7 ,the ,native ,american ,voting ,rights ,coalition's nine field hearings in ,indian ,country and four-,state survey of voter discrimination revealed a number of additional obstacles that ,native ,americans must overcome in some ,states1 including-- 7,a7 a lack of accessible registration and polling sites1 either due to conditions such as geography1 lack of paved roads1 the absence of reliable and affordable broadband connectivity1 and restrictions on the time1 place1 and manner that eligible people can register and vote1 including unequal opportunities for absentee1 early1 mail-in1 and in-person voting2 7,b7 nontraditional or nonexistent addresses for residents on ,indian reservations1 lack of residential mail delivery and pick up1 reliance on distant post offices with abbreviated operating hours for mail services1 insufficient housing units1 overcrowded homes1 and high incidence of housing insecurity and homelessness1 lack of access to vehicles1 and disproportionate poverty which make voter registration1 acquisition and dropping off of mail-in ballots1 receipt of voting information and materials1 and securing required identification difficult1 if not impossible2 7,c7 inadequate language assistance for ,tribal members1 including lack of outreach and publicity1 the failure to provide complete1 accurate1 and uniform translations of all voting materials in the relevant ,native language1 and an insufficient number of trained bilingual poll workers2 and 7,d7 voter identification laws that discriminate against ,native ,americans4 7#i7 ,the ,department of ,justice and courts also recognized that some jurisdictions have been unresponsive to reasonable requests from federally recognized ,indian ,tribes for more accessible voter registration sites and in-person voting locations4 7#aj7 ,according to the ,national ,congress of ,american ,indians1 there is a wide gap between the voter registration and turnout rates of eligible ,american ,indians and ,alaska ,natives and the voter registration and turnout rates of non-,hispanic ,white and other racial and ethnic groups4 7#aa7 ,despite these obstacles1 the ,native ,american vote continues to play a significant role in ,federal1 ,state1 and local elections4 7#ab7 ,in ,alaska1 ,new ,mexico1 ,oklahoma1 and ,south ,dakota1 ,native ,americans1 ,american ,indians1 and ,alaska ,natives comprise approximately #aj percent or more of the voting population4 7#ac7 ,the ,native ,american vote also holds great potential1 with over #a1jjj1jjj voters who are eligible to vote1 but are not registered to vote4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to fulfill the ,federal ,government's trust responsibility to protect and promote ,native ,americans' exercise of their constitutionally guaranteed right to vote1 including the right to register to vote and the ability to access all mechanisms for voting2 7#b7 to establish ,tribal administrative review procedures for a specific subset of ,state actions that have been used to restrict access to the polls on ,indian lands2 7#c7 to expand voter registration under the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjeja et seq47 to cover ,federal facilities2 7#d7 to afford equal treatment to forms of identification unique to ,indian ,tribes and their members2 7#e7 to ensure ,american ,indians and ,alaska ,natives experiencing homelessness1 housing insecurity1 or lacking residential mail pickup and delivery can pool resources to pick up and return ballots2 7#f7 to clarify the obligations of ,states and political subdivisions regarding the provision of translated voting materials for ,american ,indians and ,alaska ,natives under section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc72 7#g7 to provide ,tribal leaders with a direct pathway to request ,federal election observers and to allow public access to the reports of those election observers2 7#h7 to study the prevalence of nontraditional or nonexistent mailing addresses in ,native communities and identify solutions to voter access that arise from the lack of an address2 and 7#i7 to direct the ,department of ,justice to consult on an annual basis with ,indian ,tribes on issues related to voting4 #c4 ,definitions ,in this ,act3 7#a7 ,attorney general ,the term ,attorney ,general means the ,united ,states ,attorney ,general4 7#b7 ,indian ,the term ,indian has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,indian lands ,the term ,indian lands includes-- 7,a7 ,indian country as defined under section #aaea of title #ah1 ,united ,states ,code2 7,b7 any land in ,alaska owned1 pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq471 by an ,indian ,tribe that is a ,native village 7as defined in section #c of that ,act 7#dc ,u4,s4,c4 #afjb77 or by a ,village ,corporation that is associated with an ,indian ,tribe 7as defined in section #c of that ,act 7#dc ,u4,s4,c4 #afjb772 7,c7 any land on which the seat of the ,tribal government is located2 and 7,d7 any land that is part or all of a ,tribal designated statistical area associated with an ,indian ,tribe1 or is part or all of an ,alaska ,native village statistical area associated with an ,indian ,tribe1 as defined by the ,census ,bureau for the purposes of the most recent decennial census4 7#d7 ,indian ,tribe ,the term ,indian ,tribe means the recognized governing body of any ,indian or ,alaska ,native ,tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this ,act pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#e7 ,polling place ,the term polling place means any location where a ballot is cast in elections for ,federal office1 and includes a voter center1 poll1 polling location1 or polling place1 depending on the ,state nomenclature4 #d4 ,establishment of a ,native ,american voting task force grant program 7a7 ,in general ,the ,office for ,civil ,rights at the ,office of ,justice ,programs of the ,department of ,justice 7referred to in this section as the 8,office07 shall establish and administer1 in coordination with the ,department of the ,interior1 a ,native ,american voting task force grant program1 through which the ,office shall provide financial assistance to eligible applicants to enable those eligible applicants to establish and operate a ,native ,american ,voting ,task ,force in each ,state with a federally recognized ,indian ,tribe4 7b7 ,purposes ,the purposes of the ,native ,american voting task force grant program are to-- 7#a7 increase voter outreach1 education1 registration1 and turnout in ,native ,american communities2 7#b7 increase access to the ballot for ,native ,american communities1 including additional satellite1 early voting1 and absentee voting locations2 7#c7 streamline and reduce inconsistencies in the voting process for ,native ,americans2 7#d7 provide1 in the community's dominant language1 educational materials and classes on ,indian lands about candidacy filing2 7#e7 train and educate ,state and local employees1 including poll workers1 about-- 7,a7 the language assistance and voter assistance requirements under sections #bjc and #bjh of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc2 #ajejh72 7,b7 voter identification laws as affected by section #h of this ,act2 and 7,c7 the requirements of ,tribes1 ,states1 and precincts established under this ,act2 7#f7 identify model programs and best practices for providing language assistance to ,native ,american communities2 7#g7 provide nonpartisan poll watchers on election day in ,native ,american communities2 7#h7 participate in and evaluate future redistricting efforts2 7#i7 address issues of internet connectivity as it relates to voter registration and ballot access in ,native ,american communities2 7#aj7 work with ,indian ,tribes1 ,states1 and the ,federal ,government to establish mailing addresses that comply with applicable ,state and ,federal requirements for receipt of voting information and materials2 and 7#aa7 facilitate collaboration between local election officials1 ,native ,american communities1 and ,tribal elections offices4 7c7 ,eligible applicant ,the term eligible applicant means-- 7#a7 an ,indian ,tribe2 7#b7 a ,secretary of ,state of a ,state1 or another official of a ,state entity responsible for overseeing elections2 7#c7 a nonprofit organization that works1 in whole or in part1 on voting issues2 or 7#d7 a consortium of entities described in paragraphs 7#a7 through 7#c74 7d7 ,application and selection process 7#a7 ,in general ,the ,office1 in coordination with the ,department of the ,interior and following consultation with ,indian ,tribes about the implementation of the ,native ,american voting task force grant program1 shall establish guidelines for the process by which eligible applicants will submit applications4 7#b7 ,applications ,each eligible applicant desiring a grant under this section shall submit an application1 according to the process established under paragraph 7#a71 and at such time1 in such manner1 and containing such information as the ,office may require4 ,such application shall include-- 7,a7 a certification that the applicant is an eligible applicant2 7,b7 a proposed work plan addressing how the eligible applicant will establish and administer a ,native ,american ,voting ,task ,force that achieves the purposes described in subsection 7b72 7,c7 if the eligible applicant is a consortium as described in subsection 7c77#d71 a description of the proposed division of responsibilities between the participating entities2 7,d7 an explanation of the time period that the proposed ,native ,american ,voting ,task ,force will cover1 which shall be a time period that is not more than #c years2 and 7,e7 the goals that the eligible applicant desires to achieve with the grant funds4 7e7 ,uses of funds ,a grantee receiving funds under this section shall use such funds to carry out one or more of the activities described in subsection 7b71 through the grantee's ,native ,american ,voting ,task ,force4 7f7 ,reports 7#a7 ,report to the ,office 7,a7 ,in ,general ,not later than #a year after the date on which an eligible applicant receives grant funds under this section1 and annually thereafter for the duration of the grant1 each eligible applicant shall prepare and submit a written report to the ,office describing the eligible applicant's progress in achieving the goals outlined in the application under subsection 7d77#b74 7,b7 ,response ,not later than #cj days after the date on which the ,office receives the report described in paragraph 7#a71 the ,office will provide feedback1 comments1 and input to the eligible applicant in response to such report4 7#b7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,office shall prepare and submit a report to the ,committee on ,indian ,affairs of the ,senate and ,committee on ,natural ,resources of the ,house of ,representatives containing the results of the reports described under paragraph 7#a74 7g7 ,relationship with other laws ,nothing in this section reduces ,state or local obligations provided for by 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 7h7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjbb through #bjcg4 #e4 ,voter registration sites at ,indian service providers and on ,indian lands ,section #g7;a7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejf7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking and after the semicolon2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,c7 any ,federal facility or federally funded facility that is primarily engaged in providing services to an ,indian ,tribe2 and 7,d7 not less than one ,federal facility or federally funded facility that is located within the ,indian lands of an ,indian ,tribe1 as applicable1 7which may be the ,federal facility or federally funded facility described in subparagraph 7,c774 2 and 7#b7 by adding at the end the following3 7#h7 ,where practicable1 each ,federal agency that operates a ,federal facility or a federally funded facility that is a designated voter registration agency in accordance with subparagraph 7,c7 or 7,d7 of paragraph 7#b7 shall designate one or more special days per year at a centralized location within the boundaries of the ,indian lands of each applicable ,indian ,tribe for the purpose of informing members of the ,indian ,tribe of the timing1 registration requirements1 and voting procedures in elections for ,federal office1 at no cost to the ,indian ,tribe4 4 #f4 ,accessible ,tribal designated polling sites 7a7 ,in general 7#a7 ,designation of ,state officer ,each of the several ,states whose territory contains all or part of an ,indian ,tribe's ,indian lands shall designate an officer within that ,state who will be responsible for compliance with the provisions of this section and who shall periodically consult with the ,indian ,tribes located wholly or partially within that ,state regarding compliance with the provisions of this section and coordination between the ,state and the ,indian ,tribe4 ,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 7c71 and for each election for a ,federal official or ,state official that is held #ahj days or later after the date on which the ,indian ,tribe initially satisfies such obligations1 any ,state or political subdivision whose territory contains all or part of an ,indian ,tribe's ,indian lands-- 7,a7 shall provide a minimum of one polling place in each precinct in which there are eligible voters who reside on ,indian lands1 in a location selected by the ,indian ,tribe and at no cost to the ,indian ,tribe1 regardless of the population or number of registered voters residing on ,indian lands2 7,b7 shall not reduce the number of polling locations on ,indian lands based on population numbers2 7,c7 shall provide1 at no cost to the ,indian ,tribe1 additional polling places in locations on ,indian lands selected by an ,indian ,tribe and requested under subsection 7c7 if1 based on the totality of circumstances described in subsection 7b71 it is shown that not providing those additional polling places would result in members of the ,indian ,tribe and living on ,indian lands or other individuals residing on the ,indian ,tribe's ,indian lands having less opportunity to vote than eligible voters in that ,state or political subdivision who are not members of an ,indian ,tribe or do not reside on ,indian lands2 7,d7 shall1 at each polling place located on ,indian lands and at no cost to the ,indian ,tribe1 make voting machines1 tabulation machines1 official receptacles designated for the return of completed absentee ballots1 ballots1 provisional ballots1 and other voting materials available to the same or greater extent that such equipment and materials are made available at other polling places in the ,state or political subdivision that are not located on ,indian lands2 7,e7 shall1 at each polling place located on ,indian lands1 conduct the election using the same voting procedures that are used at other polling places in the ,state or political subdivision that are not located on ,indian lands1 or other voting procedures that provide greater access for voters2 7,f7 shall1 at each polling place located on ,indian lands and at no cost to the ,indian ,tribe1 make voter registration available during the period the polling place is open to the maximum extent allowable under ,state law2 7,g7 shall1 at each polling place located on ,indian lands1 provide training1 compensation1 and other benefits to election officials and poll workers at no cost to the ,indian ,tribe and1 at a minimum1 to the same or greater extent that such training1 compensation1 and benefits are provided to election officials and poll workers at other polling places in the ,state or political subdivision that are not located on ,indian lands2 7,h7 shall1 in all cases1 provide the ,indian ,tribe an opportunity to designate election officials and poll workers to staff polling places within the ,indian lands of the applicable ,indian ,tribe on every day that the polling places will be open2 7,i7 shall allow for any eligible voting member of the ,indian ,tribe or any eligible voting individual residing on ,indian lands to vote early or in person at any polling place on ,indian lands1 regardless of that member or individual's residence or residential address1 and shall not reject the ballot of any such member or individual on the grounds that the ballot was cast at the wrong polling place2 and 7,j7 may fulfill the ,state's obligations under subparagraphs 7,a7 and 7,c7 by relocating existing polling places1 by creating new polling places1 or both4 7b7 ,equitable opportunities ,to vote 7#a7 ,in ,general ,when assessing the opportunities to vote provided to members of an ,indian ,tribe and to other eligible voters in the ,state residing on ,indian lands in order to determine the number of additional polling places 7if any7 that a ,state or political subdivision must provide in accordance with subsection 7a77#b77;,c71 the ,state1 political subdivision1 or any court applying this section1 shall consider the totality of circumstances of-- 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 places1 including under inclement weather conditions2 7,d7 the modes of transportation1 if any1 that are regularly and broadly available to voters to use to reach the polling places2 7,e7 the existence of and access to frequent and reliable public transportation to the polling places2 7,f7 the length of lines and time voters waited to cast a ballot in previous elections2 and 7,g7 any other factor relevant to effectuating the aim of achieving equal voting opportunity for individuals living on ,indian lands4 7#b7 ,absence of factors ,when assessing the opportunities to vote in accordance with paragraph 7#a71 the ,state1 political subdivision1 or court shall ensure that each factor described in paragraph 7#a7 is considered regardless of whether any one factor would lead to a determination not to provide additional polling places under subsection 7a77#b77;,c74 7c7 ,form2 ,provision of form2 ,obligations of the ,indian ,tribe 7#a7 ,form ,the ,attorney ,general shall establish the form described in this subsection through which an ,indian ,tribe can fulfill its obligations under this subsection4 7#b7 ,provision of ,form ,each ,state or political subdivision whose territory contains all or part of an ,indian ,tribe's ,indian lands-- 7,a7 shall provide the form established under paragraph 7#a7 to each applicable ,indian ,tribe not less than #cj days prior to the deadline set by the ,state or political subdivision for completion of the obligations under this subsection 7which deadline shall be not less than #cj days prior to a ,federal election7 whereby an ,indian ,tribe can fulfill its obligations under this subsection by providing the information described in paragraph 7#c7 on that form and submitting the form back to the applicable ,state or political subdivision by such deadline2 7,b7 shall not edit the form established under paragraph 7#a7 or apply any additional obligations on the ,indian ,tribe with respect to this section2 and 7,c7 shall cooperate in good faith with the efforts of the ,indian ,tribe to satisfy the requirements of this subsection4 7#c7 ,obligations of the ,indian ,tribe ,the requirements for a ,state and political subdivision under subsection 7a77#b7 shall apply with respect to an ,indian ,tribe once an ,indian ,tribe meets the following obligations by completing the form specified in paragraph 7#a73 7,a7 ,the ,indian ,tribe specifies the number and locations of requested polling places1 early voting locations1 and ballot drop boxes to be provided on the ,indian lands of that ,indian ,tribe4 7,b7 ,the ,indian ,tribe certifies that curbside voting will be available for any facilities that lack accessible entrances and exits in accordance with ,federal and ,state law4 7,c7 ,the ,indian ,tribe certifies that the ,indian ,tribe will ensure that each such requested polling place will be open and available to all eligible voters who reside in the precinct or other geographic area assigned to such polling place1 regardless of whether such eligible voters are members of the ,indian ,tribe or of any other ,indian ,tribe4 7,d7 ,the ,indian ,tribe requests that the ,state or political subdivision shall designate election officials and poll workers to staff such requested polling places1 or certifies that the ,indian ,tribe will designate election officials and poll workers to staff such polling places on every day that the polling places will be open4 7,e7 ,the ,indian ,tribe may request that the ,state or political subdivision provide absentee ballots without requiring an excuse1 an absentee ballot request1 or residential address to all eligible voters who reside in the precinct or other geographic area assigned to such polling place1 regardless of whether such eligible voters are members of the ,indian ,tribe or of any other ,indian ,tribe4 7#d7 ,established polling places ,once a polling place is established under subsection 7a77#b77;,a7 or subsection 7a77#b77;,c7 the ,tribe need not fill out the form designated under paragraph 7#a7 again unless or until that ,indian ,tribe requests modifications to the requests specified in the most recent form under paragraph 7#a74 7#e7 ,opt out ,at any time that is #fj days or more before the date of an election1 an ,indian ,tribe that previously has satisfied the obligations of paragraph 7#c7 may notify the ,state or political subdivision that the ,indian ,tribe intends to opt out of the standing obligation for one or more polling places that were established in accordance with subsection 7a77#b77;,a7 or subsection 7a77#b77;,c7 for a particular election or for all future elections4 ,a ,tribe may opt back in at any time4 7d7 ,federal polling sites ,each ,state shall designate as voter polling facilities any of the facilities identified in accordance with subparagraph 7,c7 or 7,d7 of section #g7;a77#b7 of the ,national ,voter ,registration ,act of #aiic 7#eb ,u4,s4,c4 #bjejf7;a77#b771 at no cost to the ,indian ,tribe1 provided that the facility meets the requirements of ,federal and ,state law as applied to other polling places within the ,state or political subdivision4 ,the applicable agency of the ,federal ,government shall ensure that such designated facilities are made available as polling places4 7e7 ,mail-,in balloting ,in ,states or political subdivisions that permit absentee or mail-in balloting1 the following shall apply with respect to an election for ,federal office3 7#a7 ,for each ballot cast by a member of an ,indian ,tribe living on ,indian lands1 all postage shall be prepaid by the ,federal ,government and each ballot postmarked the day the ballot is received at a postal facility located on ,indian lands4 7#b7 ,an ,indian ,tribe may designate at least one building per precinct as a ballot pickup and collection location 7referred to in this section as a tribally designated buildings7 at no cost to the ,indian ,tribe4 ,the applicable ,state or political subdivision shall collect and timely deposit all ballots from each tribally designated building4 7#c7 ,at the applicable ,tribe's request1 the ,state or political subdivision shall provide mail-in and absentee ballots to each registered voter residing on ,indian lands in the ,state or political subdivision without requiring a residential address1 a mail-in or absentee ballot request1 or an excuse for a mail-in or absentee ballot4 7#d7 ,the address of a tribally designated building may serve as the residential address and mailing address for voters living on ,indian lands if the tribally designated building is in the same precinct as that voter4 7#e7 ,if there is no tribally designated building within the precinct of a voter residing on ,indian lands 7including if the tribally designated building is on ,indian lands but not in the same precinct as the voter71 the voter may-- 7,a7 use another tribally designated building within the ,indian lands where the voter is located2 or 7,b7 use such tribally designated building as a mailing address and may separately designate the voter's appropriate precinct through a description of the voter's address1 as specified in section #idbh4d7;a77#b7 of title #aa1 ,code of ,federal ,regulations4 7#f7 ,in the case of a ,state or political subdivision that is a covered ,state or political subdivision under section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc71 that ,state or political subdivision shall provide absentee or mail-in voting materials with respect to an election for ,federal office in the language of the applicable minority group as well as in the ,english language1 bilingual election voting assistance1 and written translations of all voting materials in the language of the applicable minority group1 as required by section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc71 as amended by this ,act4 7#g7 ,a ,state or political division shall make reasonable efforts to contact a voter who resides within ,indian lands located within its jurisdiction and offer such voter a reasonable opportunity to cure any defect in an absentee ballot issued to and completed and returned by the voter1 or appearing on or pertaining to the materials provided for the purpose of returning the absentee ballot1 if ,state law would otherwise require the absentee ballot to be rejected due to such defect and the defect does not compromise ballot secrecy or involve a lack of witness or assistant signature1 where such signature is mandated by ,state law4 7#h7 ,in a ,state or political subdivision that does not permit absentee or mail-in balloting for all eligible voters in the ,state or political subdivision1 that ,state or political subdivision shall nonetheless provide for absentee or mail-in balloting for voters who reside on ,indian lands consistent with this section if the ,state1 political subdivision1 or any court applying this section determines that the totality of circumstances described in subsection 7b7 warrants establishment of absentee or mail-in balloting for voters who reside on ,indian lands located within the jurisdiction of the ,state or political subdivision4 7f7 ,ballot drop boxes ,each ,state shall-- 7#a7 provide not less than one ballot drop box for each precinct on ,indian lands1 at no cost to the ,indian ,tribe1 at either the tribally designated building under subsection 7e77#b7 or an alternative site selected by the applicable ,indian ,tribe2 and 7#b7 provide additional drop boxes at either the tribally designated building under subsection 7e77#b7 or an alternative site selected by the applicable ,indian ,tribe if the ,state or political subdivision determines that additional ballot drop boxes should be provided based on the criteria considered under the totality of circumstances enumerated under subsection 7b74 7g7 ,early voting 7#a7 ,early voting locations ,in a ,state or political subdivision that permits early voting in an election for ,federal office1 that ,state or political subdivision shall provide not less than one early voting location for each precinct on ,indian lands1 at no cost to the ,indian ,tribe1 at a site selected by the applicable ,indian ,tribe1 to allow individuals living on ,indian lands to vote during an early voting period in the same manner as early voting is allowed on such date in the rest of the ,state or precinct4 ,additional early voting sites shall be determined based on the criteria considered under the totality of circumstances described in subsection 7b74 7#b7 ,length of period ,in a ,state or political subdivision that permits early voting in an election for ,federal office1 that ,state or political subdivision shall provide an early voting period with respect to that election that shall consist of a period of consecutive days 7including weekends7 which begins on the #aeth day before the date of the election 7or1 at the option of the ,state or political subdivision1 on a day prior to the #aeth day before the date of the election7 and ends on the date of the election for all early voting locations on ,indian lands4 7#c7 ,minimum early voting requirements ,each polling place that allows voting during an early voting period under this subsection shall-- 7,a7 allow such voting for no less than #aj hours on each day2 7,b7 have uniform hours each day for which such voting occurs2 and 7,c7 allow such voting to be held for some period of time prior to #i3jj a4m4 7local time7 and some period of time after #e3jj p4m4 7local time74 7#d7 ,ballot processing and scanning requirements 7,a7 ,in general ,to the greatest extent practicable1 ballots cast during the early voting period in an election for ,federal office at voting locations and drop boxes on ,indian lands shall be processed and scanned for tabulation in advance of the close of polls on the date of the election4 7,b7 ,limitation ,nothing in this subsection shall be construed to permit a ,state or political subdivision to tabulate and count ballots in an election for ,federal office before the closing of the polls on the date of the election4 7h7 ,provisional ballots 7#a7 ,in ,general ,in addition to the requirements under section #cjb7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajhb7;a771 for each ,state or political subdivision that provides voters provisional ballots1 challenge ballots1 or affidavit ballots under the ,state's applicable law governing the voting processes for those voters whose eligibility to vote is determined to be uncertain by election officials1 election officials shall-- 7,a7 provide clear written instructions indicating the reason the voter was given a provisional ballot1 the information or documents the voter needs to prove eligibility1 the location at which the voter must appear to submit these materials or alternative methods1 including email or facsimile1 that the voter may use to submit these materials1 and the deadline for submitting these materials2 7,b7 permit any voter who votes provisionally at any polling place on ,indian lands to appear at any polling place or at the central location for the election board to submit the documentation or information to prove eligibility2 7,c7 permit any voter who votes provisionally at any polling place to submit the required information or documentation via email or facsimile1 if the voter prefers to use such methods as an alternative to appearing in person to submit the required information or documentation to prove eligibility2 7,d7 notify the voter on whether the voter's provisional ballot was counted or rejected by telephone1 email1 or postal mail1 or any other available method1 including notifying the voter of any online tracking website if ,state law provides for such a mechanism2 and 7,e7 provide the reason for rejection if the voter's provisional ballot was rejected after the voter provided the required information or documentation on eligibility4 7#b7 ,duties of election officials ,a ,state or political subdivision described in paragraph 7#a7 shall ensure in each case in which a provisional ballot is cast1 that election officials-- 7,a7 request and collect the voter's email address1 if the voter has one1 and transmit any written instructions issued to the voter in person to the voter via email2 and 7,b7 provide a verbal translation of any written instructions to the voter4 7i7 ,enforcement 7#a7 ,attorney general ,the ,attorney ,general may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section4 7#b7 ,private right of action 7,a7 ,a person or ,indian ,tribe who is aggrieved by a violation of this section may provide written notice of the violation to the chief election official of the ,state involved4 7,b7 ,an aggrieved person or ,indian ,tribe may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to a violation of this section1 if-- 7i7 that person or ,indian ,tribe provides the notice described in subparagraph 7,a72 and 7ii7 7,i7 in the case of a violation that occurs more than #abj days before the date of an election for ,federal office1 the violation remains and #ij days or more have passed since the date on which the chief election official of the ,state receives the notice under subparagraph 7,a72 or 7,,ii7 in the case of a violation that occurs #abj days or less but more than #cj days before the date of an election for ,federal office1 the violation remains and #bj days or more have passed since the date on which the chief election official of the ,state receives the notice under subparagraph 7,a74 7,c7 ,in the case of a violation of this section that occurs #cj days or less before the date of an election for ,federal office1 an aggrieved person or ,indian ,tribe may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation without providing notice to the chief election official of the ,state under subparagraph 7,a74 7#c7 ,rule of construction ,nothing in this section shall be construed to prevent a ,state or political subdivision from providing additional polling places or early voting locations on ,indian lands4 #g4 ,procedures for removal of polling places and voter registration sites on ,indian lands 7a7 ,actions ,requiring ,tribal ,administrative ,review ,no ,state or political subdivision may carry out any of the following activities in an election for ,federal office unless the requirements of subsection 7b7 have been met3 7#a7 ,eliminating polling places or voter registration sites on the ,indian lands of an ,indian ,tribe4 7#b7 ,moving or consolidating a polling place or voter registration site on the ,indian lands of an ,indian ,tribe to a location #a mile or further from the existing location of the polling place or voter registration site4 7#c7 ,moving or consolidating a polling place on the ,indian lands of an ,indian ,tribe to a location across a river1 lake1 mountain1 or other natural boundary such that it increases travel time for a voter1 regardless of distance4 7#d7 ,eliminating in-person voting on the ,indian lands of an ,indian ,tribe by designating an ,indian reservation as a permanent absentee voting location1 unless the ,indian ,tribe requests such a designation and has not later requested that the designation as a permanent absentee voting location be reversed4 7#e7 ,removing an early voting location or otherwise diminishing early voting opportunities on ,indian lands4 7#f7 ,removing a ballot drop box or otherwise diminishing ballot drop boxes on ,indian lands4 7#g7 ,decreasing the number of days or hours that an in-person or early voting polling place is open on ,indian lands only or changing the dates of in-person or early voting only on the ,indian lands of an ,indian ,tribe4 7b7 ,tribal administrative review 7#a7 ,in general ,the requirements of this subsection have been met if-- 7,a7 the impacted ,indian ,tribe submits to the ,attorney ,general the ,indian ,tribe's written consent to the proposed activity described in subsection 7a72 7,b7 the ,state or political subdivision1 after consultation with the impacted ,indian ,tribe and after attempting to have the impacted ,indian ,tribe give consent as described in subparagraph 7,a71 institutes an action in the ,united ,states ,district ,court for the ,district of ,columbia for a declaratory judgment1 and a declaratory judgment is issued based upon affirmative evidence provided by the ,state or political subdivision1 that conclusively establishes that the specified activity described in subsection 7a7 proposed by the ,state or political subdivision neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color1 membership in an ,indian ,tribe1 or membership in a language minority group2 or 7,c7 the chief legal officer or other appropriate official of such ,state or political subdivision1 after consultation with the impacted ,indian ,tribe and after attempting to have the impacted ,indian ,tribe give consent as described in subparagraph 7,a71 submits a request to carry out the specified activity described in subsection 7a7 to the ,attorney ,general and the ,attorney ,general affirmatively approves the specified activity4 7#b7 ,no limitation on future actions 7,a7 ,no bar to subsequent action ,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 section1 nor a written consent issued under paragraph 7#a77;,a7 shall bar a subsequent action to enjoin enforcement of an activity described in subsection 7a74 7,b7 ,reexamination ,the ,attorney ,general reserves the right to reexamine any submission under paragraph 7#a77;,c7 if additional relevant information comes to the ,attorney ,general's attention4 7,c7 ,district court ,any action under this section shall be heard and determined by a district court of #c judges in accordance with the provisions of section #bbhd of title #bh1 ,united ,states ,code1 and any appeal shall lie to the ,supreme ,court4 #h4 ,tribal voter identification 7a7 ,tribal identification ,if a ,state or political subdivision requires an individual to present identification for the purposes of voting or registering to vote in an election for ,federal office1 an identification card issued by a federally recognized ,indian ,tribe1 the ,bureau of ,indian ,affairs1 the ,indian ,health ,service1 or any other ,tribal or ,federal agency issuing identification cards to eligible ,indian voters shall be treated as a valid form of identification for such purposes4 7b7 ,online registration ,if a ,state or political subdivision requires an identification card for an individual to register to vote online or to vote online1 that ,state or political subdivision shall annually consult with an ,indian ,tribe to determine whether a tribal identification can feasibly be used to register to vote online or vote online4 7c7 ,limitation on requiring multiple forms of identification ,if a ,state or political subdivision requires an individual to present more than one form of identification for the purposes of voting or registering to vote in an election for ,federal office1 or for registering to vote online or to vote online1 that ,state or political subdivision shall not require any member of an ,indian ,tribe to provide more than one form of identification if the member provides orally or in writing that the member does not possess more than one form of identification4 #i4 ,permitting voters ,to designate other person to return ballot ,each ,state or political subdivision-- 7#a7 shall permit any person to return a sealed ballot of a voter that resides on ,indian lands to a post office on ,indian lands1 a ballot drop box location in a ,state or political subdivision that provides ballot drop boxes1 a tribally designated building under section #f7;e77#b71 or an election office1 so long as the person designated to return the ballot or ballots on behalf of another voter does not receive any form of compensation based on the number of ballots that the person has returned and no individual1 group1 or organization provides compensation on this basis2 7#b7 may not put any limit on how many voted and sealed absentee ballots any designated person can return to the post office1 ballot drop box location1 tribally designated building1 or election office under paragraph 7#a72 and 7#c7 shall permit any person to return voter registration applications1 absentee ballot applications1 or absentee ballots to ballot drop box locations in a ,state or political subdivision that provides ballot drop boxes for these purposes4 #aj4 ,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 most recent2 and 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,provision of voting materials in the language of a minority group 7#a7 ,in general ,whenever any ,state or political subdivision subject to the prohibition of subsection 7b71 provides any registration or voting notices1 forms1 instructions1 assistance1 or other materials or information relating to the electoral process1 including ballots1 it shall provide them in the language of the applicable minority group as well as in the ,english language4 7#b7 ,exceptions 7,a7 ,in the case of a minority group that is not ,american ,indian or ,alaska ,native and the language of that minority group is oral or unwritten1 the ,state or political subdivision shall only be required to furnish1 in the covered language1 oral instructions1 assistance1 translation of voting materials1 or other information relating to registration and voting4 7,b7 ,in the case of a minority group that is ,american ,indian or ,alaska ,native1 the ,state or political subdivision shall only be required to furnish in the covered language oral instructions1 assistance1 or other information relating to registration and voting1 including all voting materials1 if the ,indian ,tribe of that minority group has certified that the language of the applicable ,american ,indian or ,alaska ,native language is presently unwritten or the ,indian ,tribe does not want written translations in the minority language4 7#c7 ,written translations for election workers ,notwithstanding paragraph 7#b71 the ,state or political division may be required to provide written translations of voting materials1 with the consent of any applicable ,indian ,tribe1 to election workers to ensure that the translations from ,english to the language of a minority group are complete1 accurate1 and uniform4 4 #aa4 ,federal observers to protect ,tribal voting rights 7a7 ,amendment to the voting rights act of #aife ,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#b77;,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 membership in an ,indian ,tribe1 or in contravention of the guarantees set forth in section #d7;f77#b71 are likely to occur2 4 7b7 ,publicly available reports ,the ,attorney ,general shall make publicly available the reports of a ,federal election observer 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 subsection 7a71 not later than #f months after the date that such reports are submitted to the ,attorney ,general1 except that any personally identifiable information relating to a voter or the substance of the voter's ballot shall not be made public4 #ab4 ,tribal jurisdiction 7a7 ,in ,general ,tribal law enforcement have the right to exercise their inherent authority to detain and or remove any non-,indian1 not affiliated with the ,state1 its political subdivision1 or the ,federal ,government1 from ,indian lands for intimidating1 harassing1 or otherwise impeding the ability of people to vote or of the ,state and its political subdivisions to conduct an election4 7b7 ,civil action by ,attorney ,general for relief ,whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by this section1 the ,attorney ,general may institute for the ,united ,states1 or in the name of the ,united ,states1 an action for preventive relief1 including an application for a temporary or permanent injunction1 restraining order1 or other order1 and including an order directed to the ,state and ,state or local election officials to require them to permit persons to vote and to count such votes4 #ac4 ,tribal voting consultation ,the ,attorney ,general shall consult annually with ,indian ,tribes regarding issues related to voting in elections for ,federal office4 #ad4 ,attorneys' fees1 expert fees1 and litigation expenses ,in a civil action under this ,act1 the court shall award the prevailing party1 other than the ,united ,states1 reasonable attorney fees1 including litigation expenses1 reasonable expert fees1 and costs4 #ae4 ,,gao study and report ,the ,comptroller ,general shall study the prevalence of nontraditional or nonexistent mailing addresses among ,indians1 those who are members of ,indian ,tribes1 and those residing on ,indian lands and identify alternatives to remove barriers to voter registration1 receipt of voter information and materials1 and receipt of ballots4 ,the ,comptroller ,general shall report the results of that study to ,congress not later than #a year after the date of enactment of this ,act4 #af4 ,united ,states ,postal ,service consultation ,the ,postmaster ,general shall consult with ,indian ,tribes1 on an annual basis1 regarding issues relating to the ,united ,states ,postal ,service that present barriers to voting for eligible voters living on ,indian lands4 #ag4 ,severability2 relationship to other laws2 ,tribal sovereign immunity 7a7 ,severability ,if any provision of this ,act1 or the application of such a provision to any person1 entity1 or circumstance1 is held to be invalid1 the remaining provisions of this ,act and the application of all provisions of this ,act to any other person1 entity1 or circumstance shall not be affected by the invalidity4 7b7 ,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 ,notwithstanding any other provision of law1 the provisions of this ,act1 and the amendments made by this ,act1 shall be applicable within the ,state of ,maine4 7c7 ,tribal sovereign immunity ,nothing in this ,act shall be construed as-- 7#a7 affecting1 modifying1 diminishing1 or otherwise impairing the sovereign immunity from suit enjoyed by an ,indian ,tribe2 or 7#b7 authorizing or requiring the termination of any existing trust responsibility of the ,united ,states with respect to ,indian people4 #ah4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act4