,,ii #aahth ,,congress #b;d ,session ,s4 #d ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bi1 #bjbd,mr4 ,durbin 7for himself1 ,mr4 ,warnock1 ,mr4 ,booker1 ,mr4 ,blumenthal1 ,ms4 ,butler1 ,mr4 ,schumer1 ,mrs4 ,murray1 ,mr4 ,wyden1 ,mr4 ,reed1 ,mr4 ,carper1 ,ms4 ,stabenow1 ,ms4 ,cantwell1 ,mr4 ,menendez1 ,mr4 ,cardin1 ,mr4 ,sanders1 ,mr4 ,brown1 ,mr4 ,casey1 ,ms4 ,klobuchar1 ,mr4 ,whitehouse1 ,mr4 ,tester1 ,mrs4 ,shaheen1 ,mr4 ,warner1 ,mr4 ,merkley1 ,mr4 ,bennet1 ,mrs4 ,gillibrand1 ,mr4 ,coons1 ,mr4 ,schatz1 ,ms4 ,baldwin1 ,mr4 ,murphy1 ,ms4 ,hirono1 ,mr4 ,heinrich1 ,mr4 ,king1 ,mr4 ,kaine1 ,ms4 ,warren1 ,mr4 ,markey1 ,mr4 ,peters1 ,mr4 ,van ,hollen1 ,ms4 ,duckworth1 ,ms4 ,hassan1 ,ms4 ,cortez ,masto1 ,ms4 ,smith1 ,ms4 ,sinema1 ,ms4 ,rosen1 ,mr4 ,kelly1 ,mr4 ,lujn1 ,mr4 ,hickenlooper1 ,mr4 ,padilla1 ,mr4 ,ossoff1 ,mr4 ,welch1 and ,mr4 ,fetterman7 introduced the following bill2 which was read twice and 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 ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjbd4 ,i ,amendments to the ,voting ,rights ,act #aja4 ,vote dilution1 denial1 and abridgment claims 7a7 ,in general ,section #b7;a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja7;a77 is amended-- 7#a7 by inserting after applied by any ,state or political subdivision the following3 for the purpose of1 or2 and 7#b7 by striking as provided in subsection 7b7 and inserting as provided in subsection 7b71 7c71 7d71 or 7e74 7b7 ,vote dilution ,section #b of such ,act 7#eb ,u4,s4,c4 #ajcja71 as amended by subsection 7a71 is further amended by striking subsection 7b7 and inserting the following3 7b7 ,a violation of subsection 7a7 for vote dilution is established if1 based on the totality of circumstances1 it is shown that the political processes leading to nomination or election in the ,state or political subdivision are not equally open to participation by members of a class of citizens protected by subsection 7a7 in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice4 ,the extent to which members of a protected class have been elected to office in the ,state or political subdivision is one circumstance which may be considered3 ,provided1 ,that nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population4 ,the legal standard articulated in ,thornburg v4 ,gingles1 #dgh ,u4,s4 #cj 7#aihf71 governs claims under this subsection4 ,for purposes of this subsection a class of citizens protected by subsection 7a7 may include a cohesive coalition of members of different racial or language minority groups4 4 7c7 ,vote denial or abridgement ,section #b of such ,act 7#eb ,u4,s4,c4 #ajcja71 as amended by subsections 7a7 and 7b71 is further amended by adding at the end the following3 7c7 7#a7 ,a violation of subsection 7a7 for vote denial or abridgment is established if the challenged standard1 practice1 or procedure imposes a discriminatory burden on members of a class of citizens protected by subsection 7a71 meaning that-- 7,a7 members of the protected class face greater difficulty in complying with the standard1 practice1 or procedure1 considering the totality of the circumstances2 and 7,b7 such greater difficulty is1 at least in part1 caused by or linked to social and historical conditions that have produced or currently produce discrimination against members of the protected class4 7#b7 ,the challenged standard1 practice1 or procedure need only be a but-for cause of the discriminatory burden or perpetuate a pre-existing discriminatory burden4 7#c7 7,a7 ,the totality of the circumstances for consideration relative to a violation of subsection 7a7 for vote denial or abridgment shall include the following factors1 which1 individually and collectively1 show how a voting standard1 practice1 or procedure can function to amplify the effects of past or present racial discrimination3 7i7 ,the history of official voting-related discrimination in the ,state or political subdivision4 7ii7 ,the extent to which voting in the elections of the ,state or political subdivision is racially polarized4 7iii7 ,the extent to which the ,state or political subdivision has used unduly burdensome photographic voter identification requirements1 documentary proof of citizenship requirements1 documentary proof of residence requirements1 or other voting standards1 practices1 or procedures beyond those required by ,federal law that may impair the ability of members of the protected class to participate fully in the political process4 7iv7 ,the extent to which members of the protected class bear the effects of discrimination in areas such as education1 employment1 and health1 which hinder the ability of those members to participate effectively in the political process4 7v7 ,the use of overt or subtle racial appeals either in political campaigns or surrounding the adoption or maintenance of the challenged standard1 practice1 or procedure4 7vi7 ,the extent to which members of the protected class have been elected to public office in the jurisdiction1 except that the fact that the protected class is too small to elect candidates of its choice shall not defeat a claim of vote denial or abridgment under this section4 7vii7 ,whether there is a lack of responsiveness on the part of elected officials to the particularized needs of members of the protected class4 7viii7 ,whether the policy underlying the ,state or political subdivision's use of the challenged qualification1 prerequisite1 standard1 practice1 or procedure has a tenuous connection to that qualification1 prerequisite1 standard1 practice1 or procedure4 7,b7 ,a particular combination or number of factors under subparagraph 7,a7 shall not be required to establish a violation of subsection 7a7 for vote denial or abridgment4 7,c7 ,the totality of the circumstances for consideration relative to a violation of subsection 7a7 for vote denial or abridgment shall not include the following factors3 7i7 ,the total number or share of members of a protected class on whom a challenged standard1 practice1 or procedure does not impose a material burden4 7ii7 ,the degree to which the challenged standard1 practice1 or procedure has a long pedigree or was in widespread use at some earlier date4 7iii7 ,the use of an identical or similar standard1 practice1 or procedure in other ,states or political subdivisions4 7iv7 ,the availability of other forms of voting unimpacted by the challenged standard1 practice1 or procedure to all members of the electorate1 including members of the protected class1 unless the ,state or political subdivision is simultaneously expanding those other standards1 practices1 or procedures to eliminate any disproportionate burden imposed by the challenged standard1 practice1 or procedure4 7v7 ,a prophylactic impact on potential criminal activity by individual voters1 if such crimes have not occurred in the ,state or political subdivision in substantial numbers4 7vi7 ,mere invocation of interests in voter confidence or prevention of fraud4 4 7d7 ,intended vote dilution or vote denial or abridgment ,section #b of such ,act 7#eb ,u4,s4,c4 #ajcja71 as amended by subsections 7a71 7b71 and 7c7 is further amended by adding at the end the following3 7d7 7#a7 ,a violation of subsection 7a7 is also established if a challenged qualification1 prerequisite1 standard1 practice1 or procedure is intended1 at least in part1 to dilute the voting strength of a protected class or to deny or abridge the right of any citizen of the ,united ,states to vote on account of race1 color1 or in contravention of the guarantees set forth in section #d7;f77#b74 7#b7 ,discrimination on account of race or color1 or in contravention of the guarantees set forth in section #d7;f77#b71 need only be one purpose of a qualification1 prerequisite1 standard1 practice1 or procedure in order to establish a violation of subsection 7a71 as described in this subsection4 ,a qualification1 prerequisite1 standard1 practice1 or procedure intended to dilute the voting strength of a protected class or to make it more difficult for members of a protected class to cast a ballot that will be counted constitutes a violation of subsection 7a71 as described in this subsection1 even if an additional purpose of the qualification1 prerequisite1 standard1 practice1 or procedure is to benefit a particular political party or group4 7#c7 ,recent context1 including actions by official decisionmakers in prior years or in other contexts preceding the decision responsible for the challenged qualification1 prerequisite1 standard1 practice1 or procedure1 and including actions by predecessor government actors or individual members of a decisionmaking body1 may be relevant to making a determination about a violation of subsection 7a71 as described under this subsection4 7#d7 ,a claim that a violation of subsection 7a7 has occurred1 as described under this subsection1 shall require proof of a discriminatory impact but shall not require proof of violation of subsection 7b7 or 7c74 4 #ajb4 ,retrogression ,section #b of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 as amended by section #aja of this ,act1 is further amended by adding at the end the following3 7e7 ,a violation of subsection 7a7 is established when a ,state or political subdivision enacts or seeks to administer any qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting in any election that has the purpose of or will have the effect of diminishing the ability of any citizens of the ,united ,states on account of race or color1 or in contravention of the guarantees set forth in section #d7;f77#b71 to participate in the electoral process or elect their preferred candidates of choice4 ,this subsection applies to any action taken on or after ,january #a1 #bjba1 by a ,state or political subdivision to enact or seek to administer any such qualification or prerequisite to voting or standard1 practice or procedure4 7f7 ,notwithstanding the provisions of subsection 7e71 final decisions of the ,united ,states ,district ,court of the ,district of ,columbia on applications or petitions by ,states or political subdivisions for preclearance under section #e of any changes in voting prerequisites1 standards1 practices1 or procedures1 supersede the provisions of subsection 7e74 4 #ajc4 ,violations triggering authority of court to retain jurisdiction 7a7 ,types of ,violations ,section #c7;c7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjb7;c77 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 law that prohibits discrimination in voting on the basis of race1 color1 or membership in a language minority group14 7b7 ,conforming ,amendment ,section #c7;a7 of such ,act 7#eb ,u4,s4,c4 #ajcjb7;a77 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 law that prohibits discrimination in voting on the basis of race1 color1 or membership in a language minority group14 #ajd4 ,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#eb ,u4,s4,c4 #ajcjc7;b77 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 #be 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-- 7i7 fifteen or more voting rights violations occurred in the ,state during the previous #be calendar years2 or 7ii7 ten or more voting rights violations occurred in the ,state during the previous #be 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 as a separate unit during a calendar year if three or more voting rights violations occurred in the subdivision during the previous #be 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 applies2 and 7ii7 that ends on the date which is #aj years after the date described in clause 7i74 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 and all political subdivisions in the ,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 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 ,judicial relief2 violation of the #adth or #aeth ,amendment ,any final judgment 7that was not reversed on appeal7 occurred1 in which the plaintiff prevailed and in which any court of the ,united ,states determined that a denial or abridgement of the right of any citizen of the ,united ,states to vote on account of race1 color1 or membership in a language minority group occurred1 or that a voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting created an undue burden on the right to vote in connection with a claim that the law unduly burdened voters of a particular race1 color1 or language minority group1 in violation of the #adth or #aeth ,amendment to the ,constitution of the ,united ,states1 anywhere within the ,state or subdivision4 7,b7 ,judicial relief2 violations of this ,act ,any final judgment 7that was not reversed on appeal7 occurred in which the plaintiff prevailed and in which any court of the ,united ,states determined that a voting qualification or prerequisite to voting or 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 race1 color1 or membership in a language minority group1 in violation of subsection 7e7 or 7f7 or section #b1 #bja1 or #bjc4 7,c7 ,final judgment2 ,denial of declaratory judgment ,in a final judgment 7that was 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 ,objection by the ,attorney ,general ,the ,attorney ,general has interposed an objection 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 ,a violation under this subparagraph has not occurred where an objection has been withdrawn by the ,attorney ,general1 unless the withdrawal was in response to a change in the law or practice that served as the basis of the objection4 ,a violation under this subparagraph has not occurred where the objection is based solely on a ,state or political subdivision's failure to comply with a procedural process that would not otherwise count as an independent violation of this ,act4 7,e7 ,consent decree1 settlement1 or other agreement 7i7 ,agreement ,a consent decree1 settlement1 or other agreement was adopted or entered by a court of the ,united ,states that contains an admission of liability by the defendants1 which resulted in the alteration or abandonment of a voting practice anywhere in the territory of such ,state or subdivision that was challenged on the ground that the practice denied or abridged the right of any citizen of the ,united ,states to vote on account of race1 color1 or membership in a language minority group in violation of subsection 7e7 or 7f7 or section #b1 #bja1 or #bjc1 or the #adth or #aeth ,amendment4 7ii7 ,independent violations ,a voluntary extension or continuation of a consent decree1 settlement1 or agreement described in clause 7i7 shall not count as an independent violation under this subparagraph4 ,any other extension or modification of such a consent decree1 settlement1 or agreement1 if the consent decree1 settlement1 or agreement has been in place for ten years or longer1 shall count as an independent violation under this subparagraph4 ,if a court of the ,united ,states finds that a consent decree1 settlement1 or agreement described in clause 7i7 itself denied or abridged the right of any citizen of the ,united ,states to vote on account of race1 color1 or membership in a language minority group1 violated subsection 7e7 or 7f7 or section #b1 #bja1 or #bjc1 or created an undue burden on the right to vote in connection with a claim that the consent decree1 settlement1 or other agreement unduly burdened voters of a particular race1 color1 or language minority group1 that finding shall count as an independent violation under this subparagraph4 7,f7 ,multiple violations ,each instance in which a voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting1 including each redistricting plan1 is found to be a violation by a court of the ,united ,states pursuant to subparagraph 7,a7 or 7,b71 or prevented from being enforced pursuant to subparagraph 7,c7 or 7,d71 or altered or abandoned pursuant to subparagraph 7,e7 shall count as an independent violation under this paragraph4 ,within a redistricting plan1 each violation under this paragraph found to discriminate against any group of voters based on race1 color1 or language minority group shall count as an independent violation under this paragraph4 7#d7 ,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 subsection1 including updating the list of voting rights violations occurring in each ,state and political subdivision for the previous calendar year4 7,b7 ,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 4 7#b7 ,conforming amendments ,section #d7;a7 of such ,act 7#eb ,u4,s4,c4 #ajcjc7;a77 is amended-- 7,a7 in paragraph 7#a71 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#a71 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 7,g7 by striking paragraphs 7#g7 and 7#h72 and 7,h7 by redesignating paragraph 7#i7 as paragraph 7#g74 7b7 ,clarification of ,treatment of ,members of ,language ,minority ,groups ,section #d7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #ajcjc7;a77#a771 as amended by subsection 7a71 is further amended1 in the first sentence1 by striking race or color1 and inserting race or color1 or in contravention of the guarantees of subsection 7f77#b714 7c7 ,facilitating bailout ,section #d7;a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjc7;a771 as amended by subsection 7a71 is further amended-- 7#a7 by striking paragraph 7#a77;,c7 and redesignating subparagraphs 7,d7 through 7,f7 as subparagraphs 7,c7 through 7,e71 respectively2 7#b7 by inserting at the beginning of paragraph 7#g71 as redesignated by subsection 7a77#b77;,h71 the following3 ,any plaintiff seeking a declaratory judgment under this subsection on the grounds that the plaintiff meets the requirements of paragraph 7#a7 may request that the ,attorney ,general consent to entry of judgment42 and 7#c7 by adding at the end the following3 7#h7 ,if a political subdivision is subject to the application of this subsection1 due to the applicability of subsection 7b77#a77;,a71 the political subdivision may seek a declaratory judgment under this section if the subdivision demonstrates that the subdivision meets the criteria established by the subparagraphs of paragraph 7#a71 for the #aj years preceding the date on which subsection 7a7 applied to the political subdivision under subsection 7b77#a77;,a74 7#i7 ,if a political subdivision was not subject to the application of this subsection by reason of a declaratory judgment entered prior to the date of enactment of the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjbd1 and is not1 subsequent to that date of enactment1 subject to the application of this subsection under subsection 7b77#a77;,b71 then that political subdivision shall not be subject to the requirements of this subsection4 4 #aje4 ,determination of ,states and ,political ,subdivisions ,subject to ,preclearance for ,covered ,practices ,the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq47 is further amended by inserting after section #d the following3 #d;,a4 ,determination of ,states and ,political ,subdivisions ,subject to ,preclearance for ,covered ,practices 7a7 ,practice-,based preclearance 7#a7 ,in general ,each ,state and each political subdivision shall-- 7,a7 identify any newly enacted or adopted law1 regulation1 or policy that includes a voting qualification or prerequisite to voting1 or a standard1 practice1 or procedure with respect to voting1 that is a covered practice described in subsection 7b72 and 7,b7 ensure that no such covered practice is implemented unless or until the ,state or political subdivision1 as the case may be1 complies with subsection 7c74 7#b7 ,determinations of characteristics of voting-age population 7,a7 ,in general ,as early as practicable during each calendar year1 the ,attorney ,general1 in consultation with the ,director of the ,bureau of the ,census and the heads of other relevant offices of the government1 shall make the determinations required by this section regarding voting-age populations and the characteristics of such populations1 and shall publish a list of the ,states and political subdivisions to which a voting-age population characteristic described in subsection 7b7 applies4 7,b7 ,publication in the ,federal ,register ,a determination 7including a certification7 of the ,attorney ,general under this paragraph shall be effective upon publication in the ,federal ,register4 7b7 ,covered practices ,to assure that the right of citizens of the ,united ,states to vote is not denied or abridged on account of race1 color1 or membership in a language minority group as a result of the implementation of certain qualifications or prerequisites to voting1 or standards1 practices1 or procedures with respect to voting1 newly adopted in a ,state or political subdivision1 the following shall be covered practices subject to the requirements described in subsection 7a73 7#a7 ,changes to method of election ,any change to the method of election-- 7,a7 to add seats elected at-large in a ,state or political subdivision where-- 7i7 two or more racial groups or language minority groups each represent #bj percent or more of the voting-age population in the ,state or political subdivision1 respectively2 or 7ii7 a single language minority group represents #bj percent or more of the voting-age population on ,indian lands located in whole or in part in the ,state or political subdivision2 or 7,b7 to convert one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district in a ,state or political subdivision where-- 7i7 two or more racial groups or language minority groups each represent #bj percent or more of the voting-age population in the ,state or political subdivision1 respectively2 or 7ii7 a single language minority group represents #bj percent or more of the voting-age population on ,indian lands located in whole or in part in the ,state or political subdivision4 7#b7 ,changes to political subdivision boundaries ,any change or series of changes within a year to the boundaries of a political subdivision that reduces by #c or more percentage points the percentage of the political subdivision's voting-age population that is comprised of members of a single racial group or language minority group in the political subdivision where-- 7,a7 two or more racial groups or language minority groups each represent #bj percent or more of the political subdivision's voting-age population2 or 7,b7 a single language minority group represents #bj percent or more of the voting-age population on ,indian lands located in whole or in part in the political subdivision4 7#c7 ,changes through redistricting ,any change to the boundaries of districts for ,federal1 ,state1 or local elections in a ,state or political subdivision where any racial group or language minority group that is not the largest racial group or language minority group in the jurisdiction and that represents #ae percent or more of the ,state or political subdivision's voting-age population experiences a population increase of at least #bj percent of its voting-age population1 over the preceding decade 7as calculated by the ,bureau of the ,census under the most recent decennial census71 in the jurisdiction4 7#d7 ,changes in documentation or qualifications to vote ,any change to requirements for documentation or proof of identity to vote or register to vote in elections for ,federal1 ,state1 or local offices that will exceed or be more stringent than such requirements under ,state law on the day before the date of enactment of the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjbd4 7#e7 ,changes to multilingual voting materials ,any change that reduces multilingual voting materials or alters the manner in which such materials are provided or distributed1 where no similar reduction or alteration occurs in materials provided in ,english for such election4 7#f7 ,changes that reduce1 consolidate1 or relocate voting locations1 or reduce voting opportunities ,any change that reduces1 consolidates1 or relocates voting locations in elections for ,federal1 ,state1 or local office1 including early1 absentee1 and election-day voting locations1 or reduces days or hours of in-person voting on any ,sunday during a period occurring prior to the date of an election for ,federal1 ,state1 or local office during which voters may cast ballots in such election1 or prohibits the provision of food or non-alcoholic drink to persons waiting to vote in an election for ,federal1 ,state1 or local office1 except where the provision would violate prohibitions on expenditures to influence voting1 if the location change1 reduction in days or hours1 or prohibition applies-- 7,a7 in one or more census tracts in which two or more language minority groups or racial groups each represent #bj percent or more of the voting-age population2 or 7,b7 on ,indian lands in which at least #bj percent of the voting-age population belongs to a single language minority group4 7#g7 ,new list maintenance process ,any change to the maintenance process for voter registration lists that adds a new basis for removal from the list of active voters registered to vote in elections for ,federal1 ,state1 or local office1 or that incorporates new sources of information in determining a voter's eligibility to vote in elections for ,federal1 ,state1 or local office1 if such a change would have a statistically significant disparate impact1 concerning the removal from voter rolls1 on members of racial groups or language minority groups that constitute greater than #e percent of the voting-age population-- 7,a7 in the case of a political subdivision imposing such change if-- 7i7 two or more racial groups or language minority groups each represent #bj percent or more of the voting-age population of the political subdivision2 or 7ii7 a single language minority group represents #bj percent or more of the voting-age population on ,indian lands located in whole or in part in the political subdivision2 or 7,b7 in the case of a ,state imposing such change1 if two or more racial groups or language minority groups each represent #bj percent or more of the voting-age population of-- 7i7 the ,state2 or 7ii7 a political subdivision in the ,state1 except that the requirements under subsections 7a7 and 7c7 shall apply only with respect to each such political subdivision individually4 7c7 ,preclearance 7#a7 ,in general 7,a7 ,action ,whenever a ,state or political subdivision with respect to which the requirements set forth in subsection 7a7 are in effect shall enact1 adopt1 or seek to implement any covered practice described under subsection 7b71 such ,state or subdivision may institute an action in the ,united ,states ,district ,court for the ,district of ,columbia for a declaratory judgment that such covered practice neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race1 color1 or membership in a language minority group1 and unless and until the court enters such judgment such covered practice shall not be implemented4 7,b7 ,submission to attorney general 7i7 ,in general ,notwithstanding subparagraph 7,a71 such covered practice may be implemented without such proceeding if the covered practice has been submitted by the chief legal officer or other appropriate official of such ,state or subdivision to the ,attorney ,general and the ,attorney ,general has not interposed an objection within #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 ,for purposes of determining whether expedited consideration of approval is required under this subparagraph or section #e7;a71 an exigency such as a natural disaster1 that requires a change in a voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting during the period of #cj days before a ,federal election1 shall be considered to be good cause requiring that expedited consideration4 7ii7 ,effect of indication ,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 subsection shall bar a subsequent action to enjoin implementation of such covered practice4 ,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 subsection4 7,c7 ,court ,any action under this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section #bbhd of title #bh1 ,united ,states ,code1 and any appeal shall lie to the ,supreme ,court4 7#b7 ,denying or abridging the right to vote ,any covered practice described in subsection 7b7 that has the purpose of or will have the effect of diminishing the ability of any citizens of the ,united ,states on account of race1 color1 or membership in a language minority group1 to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of paragraph 7#a74 7#c7 ,purpose defined ,the term purpose in paragraphs 7#a7 and 7#b7 shall include any discriminatory purpose4 7#d7 ,purpose of paragraph 7#b7 ,the purpose of paragraph 7#b7 is to protect the ability of such citizens to elect their preferred candidates of choice4 7d7 ,enforcement ,the ,attorney ,general or any aggrieved citizen may file an action in a district court of the ,united ,states to compel any ,state or political subdivision to satisfy the obligations set forth in this section4 ,such an action shall be heard and determined by a court of three judges under section #bbhd of title #bh1 ,united ,states ,code4 ,in any such action1 the court shall provide as a remedy that implementation of any voting qualification or prerequisite to voting1 or standard1 practice1 or procedure with respect to voting1 that is the subject of the action under this subsection be enjoined unless the court determines that-- 7#a7 the voting qualification or prerequisite to voting1 or standard1 practice1 or procedure with respect to voting1 is not a covered practice described in subsection 7b72 or 7#b7 the ,state or political subdivision has complied with subsection 7c7 with respect to the covered practice at issue4 7e7 ,counting of racial groups and language minority groups ,for purposes of this section1 the calculation of the population of a racial group or a language minority group shall be carried out using the methodology in the guidance of the ,department of ,justice entitled ,guidance ,concerning ,redistricting ,under ,section #e of the ,voting ,rights ,act2 ,notice 7#gf ,fed4 ,reg4 #gdgj 7,february #i1 #bjaa774 7f7 ,special rule ,for purposes of determinations under this section1 any data provided by the ,bureau of the ,census1 whether based on estimation from a sample or actual enumeration1 shall not be subject to challenge or review in any court4 7g7 ,multilingual voting materials ,in this section1 the term multilingual voting materials means registration or voting notices1 forms1 instructions1 assistance1 or other materials or information relating to the electoral process1 including ballots1 provided in the language or languages of one or more language minority groups4 4 #ajf4 ,promoting transparency to enforce the ,voting ,rights ,act 7a7 ,transparency ,the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq47 is amended by inserting after section #e the following3 #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 qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting in any election for ,federal office that will result in the qualification or prerequisite1 standard1 practice1 or procedure being different from that which was in effect as of #ahj days before the date of the election for ,federal office1 the ,state or political subdivision shall provide reasonable public notice in such ,state or political subdivision and on the website of the ,state or political subdivision1 of a concise description of the change1 including the difference between the changed qualification or prerequisite1 standard1 practice1 or procedure and the qualification1 prerequisite1 standard1 practice1 or procedure which was previously in effect4 ,the public notice described in this paragraph1 in such ,state or political subdivision and on the website of a ,state or political subdivision1 shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote1 including persons who have low vision or are blind4 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 website of a ,state or political subdivision1 of the information described in paragraph 7#b7 for precincts and polling places within such ,state or political subdivision4 ,the public notice described in this paragraph1 in such ,state or political subdivision and on the website of a ,state or political subdivision1 shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote1 including persons who have low vision or are blind4 7#b7 ,information described ,the information described in this paragraph with respect to a precinct or polling place is each of the following3 7,a7 ,the name or number4 7,b7 ,in the case of a polling place1 the location1 including the street address1 and whether such polling place is accessible to persons with disabilities4 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 assigned1 including the number of voting machines accessible to persons with disabilities who are eligible to vote1 including persons who have low vision or are blind4 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 website of a ,state or political subdivision1 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 election for ,federal office1 as soon as practicable after the change occurs4 ,the public notice described in this paragraph and published on the website of a ,state or political subdivision shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote1 including persons who have low vision or are blind4 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 website of a ,state or political subdivision1 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 each of the following3 7,a7 ,the voting-age population1 broken down by demographic group4 7,b7 ,the number of registered voters1 broken down by demographic group if such breakdown is reasonably available to the ,state or political subdivision involved4 7,c7 7i7 ,if the change applies to a ,state1 the actual number of votes1 or 7if it is not reasonably practicable for the ,state to ascertain the actual number of votes7 the estimated number of votes received by each candidate in each statewide election held during the #e-year period which ends on the date the change involved is made2 and 7ii7 if the change applies to only one political subdivision1 the actual number of votes1 or 7if it is not reasonably practicable for the political subdivision to ascertain the actual number of votes7 the estimated number of votes 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 by the ,bureau of the ,census under the most recent decennial census4 7,c7 ,a school district with a population greater than #aj1jjj1 as determined by the ,bureau of the ,census under the most recent decennial census4 ,for purposes of this subparagraph1 the term school district means the geographic area under the jurisdiction of a local educational agency 7as defined in section #haja 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 to a voting qualification1 prerequisite1 standard1 practice1 or procedure 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 7#b7 the term election for ,federal office means 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 ,congress2 and 7#c7 the term persons with disabilities1 means individuals with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij4 4 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 #ajg4 ,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#eb ,u4,s4,c4 #ajcje7;a77#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 ,federal law protecting the right of citizens of the ,united ,states to vote2 or 4 7b7 ,assignment of ,observers ,to ,enforce ,bilingual ,election ,requirements ,section #h7;a7 of such ,act 7#eb ,u4,s4,c4 #ajcje7;a77 is amended-- 7#a7 by striking or at the end of paragraph 7#a72 7#b7 by inserting after paragraph 7#b7 the following3 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 occur2 or 7,b7 in the ,attorney ,general's judgment1 the assignment of observers is necessary to enforce the guarantees of section #bjc2 2 and 7#c7 by moving the margin for the continuation text following paragraph 7#c71 as added by paragraph 7#b7 of this subsection1 #b ems to the left4 7c7 ,transferral of authority over observers to the ,attorney ,general 7#a7 ,enforcement proceedings ,section #c7;a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjb7;a77 is amended by striking ,united ,states ,civil ,service ,commission in accordance with section #f and inserting ,attorney ,general in accordance with section #h4 7#b7 ,observers2 appointment and compensation ,section #h of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcje7 is amended-- 7,a7 in subsection 7a71 in the flush matter at the end1 by striking ,director of the ,office of ,personnel ,management shall assign as many observers for such subdivision as the ,director and inserting ,attorney ,general shall assign as many observers for such subdivision as the ,attorney ,general2 7,b7 in subsection 7c71 by striking ,director of the ,office of ,personnel ,management and inserting ,attorney ,general2 and 7,c7 in subsection 7c71 by adding at the end the following3 ,the ,director of the ,office of ,personnel ,management may1 with the consent of the ,attorney ,general1 assist in the selection1 recruitment1 hiring1 training1 or deployment of these or other individuals authorized by the ,attorney ,general for the purpose of observing whether persons who are entitled to vote are being permitted to vote and whether those votes are being properly tabulated44 7#c7 ,termination of certain appointments of observers ,section #ac7;a77#a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcji7;a77#a77 is amended by striking notifies the ,director of the ,office of ,personnel ,management1 and inserting determines14 #ajh4 ,clarification of authority to seek relief 7a7 ,poll tax ,section #aj7;b7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjf7;b77 is amended by striking the ,attorney ,general is authorized and directed to institute forthwith in the name of the ,united ,states such actions1 and inserting an aggrieved person or 7in the name of the ,united ,states7 the ,attorney ,general may institute such actions4 7b7 ,cause of action ,section #ab7;d7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjh7;d77 is amended to read as follows3 7d7 7#a7 ,whenever there are reasonable grounds to believe that any person has engaged in1 or is about to engage in1 any act or practice that would 7#a7 deny any citizen the right to register1 to cast a ballot1 or to have that ballot counted properly and included in the appropriate totals of votes cast in violation of the #adth1 #aeth1 #aith1 #bdth1 or #bfth ,amendments to the ,constitution of the ,united ,states1 7#b7 violate subsection 7a7 or 7b7 of section #aa1 or 7#c7 violate any other provision of this ,act or any other ,federal voting rights law that prohibits discrimination on the basis of race1 color1 or membership in a language minority group1 an aggrieved person or 7in the name of the ,united ,states7 the ,attorney ,general may institute an action for preventive relief1 including an application for a temporary or permanent injunction1 restraining order1 or other appropriate order4 ,nothing in this subsection shall be construed to create a cause of action for civil enforcement of criminal provisions of this or any other ,act4 4 7c7 ,judicial relief ,section #bjd of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejd7 is amended by striking the first sentence and inserting the following3 ,whenever there are reasonable grounds to believe that a ,state or political subdivision has engaged or is about to engage in any act or practice prohibited by a provision of this title1 an aggrieved person or 7in the name of the ,united ,states7 the ,attorney ,general may institute an action in a district court of the ,united ,states1 for a restraining order1 a preliminary or permanent injunction1 or such other order as may be appropriate44 7d7 ,enforcement of twenty-,sixth amendment ,section #cja7;a77#a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajgja7;a77#a77 is amended to read as follows3 7a7 7#a7 ,an aggrieved person or 7in the name of the ,united ,states7 the ,attorney ,general may institute an action in a district court of the ,united ,states1 for a restraining order1 a preliminary or permanent injunction1 or such other order as may be appropriate to implement the #bfth ,amendment to the ,constitution of the ,united ,states4 4 #aji4 ,preventive relief ,section #ab7;d7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjh7;d771 as amended by section #ajh1 is further amended by adding at the end the following3 7#b7 7,a7 ,in considering any motion for preliminary relief in any action for preventive relief described in this subsection1 the court shall grant the relief if the court determines that the complainant has raised a serious question as to whether the challenged voting qualification or prerequisite to voting or standard1 practice1 or procedure violates any of the provisions listed in section #aaa7;a77#a7 of the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjbd and1 on balance1 the hardship imposed on the defendant by the grant of the relief will be less than the hardship which would be imposed on the plaintiff if the relief were not 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 with respect to voting1 the court shall consider all relevant factors and give due weight to the following factors1 if they are present3 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 ,amendment to the ,constitution of the ,united ,states2 7,,ii7 a violation of the #aith1 #bdth1 or #bfth ,amendments to the ,constitution of the ,united ,states2 7,,iii7 a violation of this ,act2 or 7,,iv7 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 ,amendment to the ,constitution of the ,united ,states2 7,,ii7 a violation of the #aith1 #bdth1 or #bfth ,amendment to the ,constitution of the ,united ,states2 7,,iii7 a violation of this ,act2 or 7,,iv7 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 the change is to take or takes 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 7#c7 ,a jurisdiction's inability to enforce its voting or election laws1 regulations1 policies1 or redistricting plans1 standing alone1 shall not be deemed to constitute irreparable harm to the public interest or to the interests of a defendant in an action arising under the ,constitution or any ,federal law that prohibits discrimination on the basis of race1 color1 or membership in a language minority group in the voting process1 for the purposes of determining whether a stay of a court's order or an interlocutory appeal under section #abec of title #bh1 ,united ,states ,code1 is warranted4 4 #aaj4 ,bilingual election requirements ,section #bjc7;b77#a7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc7;b77#a77 is amended by striking #bjcb and inserting #bjcg4 #aaa4 ,relief for violations of voting rights laws 7a7 ,in general 7#a7 ,relief for violations of voting rights laws ,in this section1 the term prohibited act or practice means-- 7,a7 any act or practice-- 7i7 that creates an undue burden on the fundamental right to vote in violation of the #adth ,amendment to the ,constitution of the ,united ,states or violates the ,equal ,protection ,clause of the #adth ,amendment to the ,constitution of the ,united ,states2 or 7ii7 that is prohibited by the #aeth1 #aith1 #bdth1 or #bfth ,amendment to the ,constitution of the ,united ,states1 section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja71 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 ,uniformed and ,overseas ,citizens ,absentee ,voting ,act 7#eb ,u4,s4,c4 #bjcja et seq471 the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjija et seq471 the ,voting ,accessibility for the ,elderly and ,handicapped ,act 7#eb ,u4,s4,c4 #bjaja et seq471 or section #bjjc of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajajb72 and 7,b7 any act or practice in violation of any ,federal law that prohibits discrimination with respect to voting1 including the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7#b7 ,rule of construction ,nothing in this section shall be construed to diminish the authority or scope of authority of any person to bring an action under any ,federal law4 7#c7 ,attorney's fees ,section #gbb7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7;b77 is amended by inserting a provision described in section #aaa7;a77#a7 of the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjbd1 after title ,,vi of the ,civil ,rights ,act of #aifd14 7b7 ,grounds for equitable relief ,in any action for equitable relief pursuant to a law listed under subsection 7a71 proximity of the action to an election shall not be a valid reason to deny such relief1 or stay the operation of or vacate the issuance of such relief1 unless the party opposing the issuance or continued operation of relief meets the burden of proving by clear and convincing evidence that the issuance of the relief would be so close in time to the election as to cause irreparable harm to the public interest or that compliance with such relief would impose serious burdens on the party opposing relief4 7#a7 ,in general ,in considering whether to grant1 deny1 stay1 or vacate any order of equitable relief1 the court shall give substantial weight to the public's interest in expanding access to the right to vote4 ,a ,state's generalized interest in enforcing its enacted laws shall not be a relevant consideration in determining whether equitable relief is warranted4 7#b7 ,presumptive safe harbor ,where equitable relief is sought either within #cj days of the adoption or reasonable public notice of the challenged policy or practice1 or more than #de days before the date of an election to which the relief being sought will apply1 proximity to the election will be presumed not to constitute a harm to the public interest or a burden on the party opposing relief4 7c7 ,grounds for stay or vacatur in ,federal claims involving voting rights 7#a7 ,prospective effect ,in reviewing an application for a stay or vacatur of equitable relief granted pursuant to a law listed in subsection 7a71 a court shall give substantial weight to the reliance interests of citizens who acted pursuant to such order under review4 ,in fashioning a stay or vacatur1 a reviewing court shall not order relief that has the effect of denying or abridging the right to vote of any citizen who has acted in reliance on the order4 7#b7 ,written explanation ,no stay or vacatur under this subsection shall issue unless the reviewing court makes specific findings that the public interest1 including the public's interest in expanding access to the ballot1 will be harmed by the continuing operation of the equitable relief or that compliance with such relief will impose serious burdens on the party seeking such a stay or vacatur such that those burdens substantially outweigh the benefits to the public interest4 ,in reviewing an application for a stay or vacatur of equitable relief1 findings of fact made in issuing the order under review shall not be set aside unless clearly erroneous4 #aab4 ,protection of tabulated votes ,the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjg7 is amended-- 7#a7 in section #aa-- 7,a7 by amending subsection 7a7 to read as follows3 7a7 ,no person acting under color of law shall-- 7#a7 fail or refuse to permit any person to vote who is entitled to vote under ,federal law or is otherwise qualified to vote2 7#b7 willfully fail or refuse to tabulate1 count1 and report such person's vote2 or 7#c7 willfully fail or refuse to certify the aggregate tabulations of such persons' votes or certify the election of the candidates receiving sufficient such votes to be elected to office4 2 and 7,b7 in subsection 7b71 by inserting subsection 7a7 or after duties under2 and 7#b7 in section #ab-- 7,a7 in subsection 7b7-- 7i7 by striking a year following an election in a political subdivision in which an observer has been assigned and inserting #bb months following an election for ,federal office2 and 7ii7 by adding at the end the following3 ,whenever the ,attorney ,general has reasonable grounds to believe that any person has engaged in or is about to engage in an act in violation of this subsection1 the ,attorney ,general may institute 7in the name of the ,united ,states7 a civil action in ,federal district court seeking appropriate relief42 7,b7 in subsection 7c71 by inserting or solicits a violation of after conspires to violate2 and 7,c7 in subsection 7e71 by striking the first and second sentences and inserting the following3 ,if1 after the closing of the polls in an election for ,federal office1 persons allege that notwithstanding 7#a7 their registration by an appropriate election official and 7#b7 their eligibility to vote in the political subdivision1 their ballots have not been counted in such election1 and if upon prompt receipt of notifications of these allegations1 the ,attorney ,general finds such allegations to be well founded1 the ,attorney ,general may forthwith file with the district court an application for an order providing for the counting and certification of the ballots of such persons and requiring the inclusion of their votes in the total vote for all applicable offices before the results of such election shall be deemed final and any force or effect given thereto44 #aac4 ,enforcement of ,voting ,rights by ,attorney ,general ,section #ab of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjh71 as amended by this ,act1 is further amended by adding at the end the following3 7g7 ,voting ,rights ,enforcement by ,attorney ,general 7#a7 ,in general ,in order to fulfill the ,attorney ,general's responsibility to enforce this ,act and other ,federal laws that protect the right to vote1 the ,attorney ,general 7or upon designation by the ,attorney ,general1 the ,assistant ,attorney ,general for ,civil ,rights7 is authorized1 before commencing a civil action1 to issue a demand for inspection and information in writing to any ,state or political subdivision1 or other governmental representative or agent1 with respect to any relevant documentary material that the ,attorney ,general has reason to believe is within their possession1 custody1 or control4 ,a demand by the ,attorney ,general under this subsection may require-- 7,a7 the production of such documentary material for inspection and copying2 7,b7 answers in writing to written questions with respect to such documentary material2 or 7,c7 both the production described under subparagraph 7,a7 and the answers described under subparagraph 7,b74 7#b7 ,contents of an ,attorney ,general demand 7,a7 ,in general ,any demand issued under paragraph 7#a71 shall include a sworn certificate to identify the voting qualification or prerequisite to voting or standard1 practice1 or procedure with respect to voting1 or other voting related matter or issue1 whose lawfulness the ,attorney ,general is investigating and to identify the ,federal law that protects the right to vote under which the investigation is being conducted4 ,the demand shall be reasonably calculated to lead to the discovery of documentary material and information relevant to such investigation4 ,documentary material includes any material upon which relevant information is recorded1 and includes written or printed materials1 photographs1 tapes1 or materials upon which information is electronically or magnetically recorded4 ,such demands shall be aimed at the ,attorney ,general having the ability to inspect and obtain copies of relevant materials 7as well as obtain information7 related to voting and are not aimed at the ,attorney ,general taking possession of original records1 particularly those that are required to be retained by ,state and local election officials under ,federal or ,state law4 7,b7 ,no requirement for production ,any demand issued under paragraph 7#a7 may not require the production of any documentary material or the submission of any answers in writing to written questions if such material or answers would be protected from disclosure under the standards applicable to discovery requests under the ,federal ,rules of ,civil ,procedure in an action in which the ,attorney ,general or the ,united ,states is a party4 7,c7 ,documentary material ,if the demand issued under paragraph 7#a7 requires the production of documentary material1 it shall-- 7i7 identify the class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified2 and 7ii7 prescribe a return date for production of the documentary material at least #bj days after issuance of the demand to give the ,state or political subdivision1 or other governmental representative or agent1 a reasonable period of time for assembling the documentary material and making it available for inspection and copying4 7,d7 ,answers to written questions ,if the demand issued under paragraph 7#a7 requires answers in writing to written questions1 it shall-- 7i7 set forth with specificity the written question to be answered2 and 7ii7 prescribe a date at least #bj days after the issuance of the demand for submitting answers in writing to the written questions4 7,e7 ,service ,a demand issued under paragraph 7#a7 may be served by a ,united ,states marshal or a deputy marshal1 or by certified mail1 at any place within the territorial jurisdiction of any court of the ,united ,states4 7#c7 ,responses to an ,attorney ,general demand ,a ,state or political subdivision1 or other governmental representative or agent1 shall1 with respect to any documentary material or any answer in writing produced under this subsection1 provide a sworn certificate1 in such form as the demand issued under paragraph 7#a7 designates1 by a person having knowledge of the facts and circumstances relating to such production or written answer1 authorized to act on behalf of the ,state or political subdivision1 or other governmental representative or agent1 upon which the demand was served4 ,the certificate-- 7,a7 shall state that-- 7i7 all of the documentary material required by the demand and in the possession1 custody1 or control of the ,state or political subdivision1 or other governmental representative or agent1 has been produced2 7ii7 with respect to every answer in writing to a written question1 all information required by the question and in the possession1 custody1 control1 or knowledge of the ,state or political subdivision1 or other governmental representative or agent1 has been submitted2 or 7iii7 the requirements described in both clause 7i7 and clause 7ii7 have been met2 or 7,b7 provide the basis for any objection to producing the documentary material or answering the written question4 ,to the extent that any information is not furnished1 the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished4 7#d7 ,judicial proceedings 7,a7 ,petition for enforcement ,whenever any ,state or political subdivision1 or other governmental representative or agent1 fails to comply with demand issued by the ,attorney ,general under paragraph 7#a71 the ,attorney ,general may file1 in a district court of the ,united ,states in which the ,state or political subdivision1 or other governmental representative or agent1 is located1 a petition for a judicial order enforcing the ,attorney ,general demand issued under paragraph 7#a74 7,b7 ,petition to modify 7i7 ,in general ,any ,state or political subdivision1 or other governmental representative or agent1 that is served with a demand issued by the ,attorney ,general under paragraph 7#a7 may file in the ,united ,states ,district ,court for the ,district of ,columbia a petition for an order of the court to modify or set aside the demand of the ,attorney ,general4 7ii7 ,petition to modify ,any petition to modify or set aside a demand of the ,attorney ,general issued under paragraph 7#a7 must be filed within #bj days after the date of service of the ,attorney ,general's demand or at any time before the return date specified in the ,attorney ,general's demand1 whichever date is earlier4 7iii7 ,contents of petition ,the petition shall specify each ground upon which the petitioner relies in seeking relief under clause 7i71 and may be based upon any failure of the ,attorney ,general's demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the ,state or political subdivision1 or other governmental representative or agent4 ,during the pendency of the petition in the court1 the court may stay1 as it deems proper1 the running of the time allowed for compliance with the ,attorney ,general's demand1 in whole or in part1 except that the ,state or political subdivision1 or other governmental representative or agent1 filing the petition shall comply with any portions of the ,attorney ,general's demand not sought to be modified or set aside4 4 #aad4 ,definitions ,title ,i of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja7 is amended by adding at the end the following3 #ba4 ,definitions ,in this ,act3 7#a7 ,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#b7 ,indian lands ,the term ,indian lands means-- 7,a7 any ,indian country of an ,indian tribe1 as such term is defined in section #aaea of title #ah1 ,united ,states ,code2 7,b7 any land in ,alaska that is owned1 pursuant to the ,alaska ,native ,claims ,settlement ,act1 by an ,indian tribe that is a ,native village 7as such term is defined in section #c of such ,act71 or by a ,village ,corporation that is associated with the ,indian tribe 7as such term is defined in section #c of such ,act72 7,c7 any land on which the seat of government of the ,indian tribe is located2 and 7,d7 any land that is part or all of a tribal designated statistical area associated with the ,indian tribe1 or is part or all of an ,alaska ,native village statistical area associated with the tribe1 as defined by the ,bureau of the ,census for the purposes of the most recent decennial census4 7#c7 ,indian tribe ,the term ,indian tribe or tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#d7 ,tribal ,government ,the term ,tribal ,government means the recognized governing body of an ,indian ,tribe4 7#e7 ,voting-age population ,the term voting-age population means the numerical size of the population within a ,state1 within a political subdivision1 or within a political subdivision that contains ,indian lands1 as the case may be1 that consists of persons age #ah or older1 as calculated by the ,bureau of the ,census under the most recent decennial census4 4 #aae4 ,attorneys' fees ,section #ad7;c7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcaj7;c77 is amended by adding at the end the following3 7#d7 ,the term prevailing party means a party to an action that receives at least some of the benefit sought by such action1 states a colorable claim1 and can establish that the action was a significant cause of a change to the status quo4 4 #aaf4 ,other technical and conforming amendments 7a7 ,actions ,covered ,under ,section #c ,section #c7;c7 of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjb7;c77 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#eb ,u4,s4,c4 #ajcjc7;f77 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#eb ,u4,s4,c4 #ajcjd7 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 #bjba2 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 #bjba4 4 7d7 ,review of preclearance submission under section #e due to exigency ,section #e of such ,act 7#eb ,u4,s4,c4 #ajcjd7 is amended1 in subsection 7a71 by inserting ,an exigency1 including a natural disaster1 inclement weather1 or other unforeseeable event1 requiring such different qualification1 prerequisite1 standard1 practice1 or procedure within #cj days of a ,federal1 ,state1 or local election shall constitute good cause requiring the ,attorney ,general to expedite consideration of the submission4 after will not be made44 #aag4 ,severability ,if any provision of the ,john ,r4 ,lewis ,voting ,rights ,advancement ,act of #bjbd or any amendment made by this title1 or the application of such a provision or amendment to any person or circumstance1 is held to be unconstitutional or is otherwise enjoined or unenforceable1 the remainder of this title and amendments made by this title1 and the application of the provisions and amendments to any other person or circumstance1 and any remaining provision of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 shall not be affected by the holding4 ,in addition1 if any provision of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 or any amendment to the ,voting ,rights ,act of #aife1 or the application of such a provision or amendment to any person or circumstance1 is held to be unconstitutional or is otherwise enjoined or unenforceable1 the application of the provision and amendment to any other person or circumstance1 and any remaining provisions of the ,voting ,rights ,act of #aife1 shall not be affected by the holding4 #aah4 ,grants to assist with notice requirements under the ,voting ,rights ,act of #aife 7a7 ,in general ,the ,attorney ,general shall make grants each fiscal year to small jurisdictions who submit applications under subsection 7b7 for purposes of assisting such small jurisdictions with compliance with the requirements of the ,voting ,rights ,act of #aife to submit or publish notice of any change to a qualification1 prerequisite1 standard1 practice or procedure affecting voting4 7b7 ,application ,to be eligible for a grant under this section1 a small jurisdiction shall submit an application to the ,attorney ,general in such form and containing such information as the ,attorney ,general may require regarding the compliance of such small jurisdiction with the provisions of the ,voting ,rights ,act of #aife4 7c7 ,small jurisdiction defined ,for purposes of this section1 the term small jurisdiction means any political subdivision of a ,state with a population of #aj1jjj or less4 ,,ii ,election ,worker and ,polling ,place ,protection #bja4 ,short title ,this title may be cited as the ,election ,worker and ,polling ,place ,protection ,act4 #bjb4 ,prohibition on interference and intimidation ,section #aa of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjg7 is amended by adding at the end the following3 7f7 7#a7 7,a7 ,whoever1 whether or not acting under color of law1 by force or threat of force1 or by violence or threat of violence to any person or property1 willfully interferes with or attempts to interfere with1 the ability of any person or any class of persons to vote or qualify to vote1 or to qualify or act as a poll watcher or as any legally authorized election official1 in any primary1 special1 or general election1 or any person who is1 or is employed by1 an agent1 contractor1 or vendor of a legally authorized election official assisting in the administration of any primary1 special1 or general election to assist in that administration1 shall be fined not more than #b1ejj1 or imprisoned not more than #f months1 or both4 7,b7 ,whoever1 whether or not acting under color of law1 by force or threat of force1 or by violence or threat of violence to any person or property1 willfully intimidates or attempts to intimidate1 any person or any class of persons seeking to vote or qualify to vote1 or to qualify or act as a poll watcher or as any legally authorized election official1 in any primary1 special1 or general election1 or any person who is1 or is employed by1 an agent1 contractor1 or vendor of a legally authorized election official assisting in the administration of any primary1 special1 or general election1 shall be fined not more than #b1ejj1 or imprisoned not more than #f months1 or both4 7,c7 ,if bodily injury results from an act committed in violation of this paragraph or if such act includes the use1 attempted use1 or threatened use of a dangerous weapon1 an explosive1 or fire1 then1 in lieu of the remedy described in subparagraph 7,a7 or 7,b71 the violator shall be fined not more than #e1jjj or imprisoned not more than #a year1 or both4 7#b7 7,a7 ,whoever1 whether or not acting under color of law1 willfully physically damages or threatens to physically damage any physical property being used as a polling place or tabulation center or other election infrastructure1 with the intent to interfere with the administration of a primary1 general1 or special election or the tabulation or certification of votes for such an election1 shall be fined not more than #b1ejj1 or imprisoned not more than #f months1 or both4 7,b7 ,if bodily injury results from an act committed in violation of this paragraph or if such act includes the use1 attempted use1 or threatened use of a dangerous weapon1 an explosive1 or fire1 then1 in lieu of the remedy described in subparagraph 7,a71 the violator shall be fined not more than #e1jjj or imprisoned not more than #a year1 or both4 7#c7 ,for purposes of this subsection1 de minimus damage or a threat of de minimus damage to physical property shall not be considered a violation of this subsection4 7#d7 ,for purposes of this subsection1 the term election infrastructure means any office of a legally authorized election official1 or a staffer1 worker1 or volunteer1 assisting such an election official or any physical1 mechanical1 or electrical device1 structure1 or tangible item1 used in the process of creating1 distributing1 voting1 returning1 counting1 tabulating1 auditing1 storing1 or other handling of voter registration or ballot information4 7g7 ,no prosecution of any offense described in subsection 7f7 may be undertaken by the ,united ,states1 except under the certification in writing of the ,attorney ,general1 or a designee1 that-- 7#a7 the ,state does not have jurisdiction2 7#b7 the ,state has requested that the ,federal ,government assume jurisdiction2 or 7#c7 a prosecution by the ,united ,states is in the public interest and necessary to secure substantial justice4 4