I 

116TH CONGRESS 

1ST SESSION H. R. 4 

To amend the Voting Rights Act of 1965 to revise the criteria for determining 

which States and political subdivisions are subject to section 4 of the 

Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2019 

Ms. SEWELL of Alabama (for herself, Mr. LEWIS, Ms. PELOSI, Mr. HOYER, 

Mr. CLYBURN, Mr. LUJA ́N, Ms. JUDY CHU of California, Mr. CASTRO of 

Texas, Mr. JEFFRIES, Ms. ADAMS, Mr. AGUILAR, Mr. ALLRED, Ms. 

BASS, Mrs. BEATTY, Mr. BERA, Mr. BEYER, Mr. BISHOP of Georgia, Mr. 

BLUMENAUER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BRENDAN

F. BOYLE of Pennsylvania, Mr. BROWN of Maryland, Ms. BROWNLEY of 

California, Mrs. BUSTOS, Mr. BUTTERFIELD, Mr. CA ́RDENAS, Mr. CARSON of Indiana, Mr. CARTWRIGHT, Mr. CICILLINE, Mr. CISNEROS, Ms. 

CLARK of Massachusetts, Ms. CLARKE of New York, Mr. CLAY, Mr. 

CLEAVER, Mr. CONNOLLY, Mr. COOPER, Mr. COSTA, Mr. COX of California, Mrs. CRAIG, Mr. CRIST, Mr. CUMMINGS, Mr. DANNY K. DAVIS

of Illinois, Ms. DEAN, Ms. DEGETTE, Ms. DELAURO, Ms. DELBENE, Mr. 

DELGADO, Mrs. DEMINGS, Mr. DEUTCH, Mrs. DINGELL, Mr. DOGGETT, 

Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. ENGEL, Ms. ESCOBAR, Ms. 

ESHOO, Mr. ESPAILLAT, Mr. GALLEGO, Mr. GARAMENDI, Mr. GOMEZ, 

Mr. GOTTHEIMER, Mr. GREEN of Texas, Ms. HAALAND, Mr. HASTINGS, 

Mr. HECK, Mr. HIGGINS of New York, Ms. HILL of California, Mr. 

HIMES, Mr. HORSFORD, Mr. HUFFMAN, Ms. JACKSON LEE, Ms. 

JAYAPAL, Ms. JOHNSON of Texas, Mr. JOHNSON of Georgia, Mr. 

KEATING, Ms. KELLY of Illinois, Mr. KHANNA, Mr. KILMER, Mrs. KIRKPATRICK, Mr. KRISHNAMOORTHI, Ms. KUSTER of New Hampshire, Mr. 

LAMB, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, Mrs. 

LAWRENCE, Mr. LAWSON of Florida, Ms. LEE of California, Mr. TED

LIEU of California, Mr. LOWENTHAL, Mrs. LOWEY, Mr. LYNCH, Mrs. 

CAROLYN B. MALONEY of New York, Mr. SEAN PATRICK MALONEY of 

New York, Ms. MATSUI, Mrs. MCBATH, Ms. MCCOLLUM, Mr. 

MCEACHIN, Mr. MCGOVERN, Mr. MEEKS, Ms. MENG, Ms. MOORE, Mr. 

MORELLE, Mr. MOULTON, Ms. MUCARSEL-POWELL, Mrs. MURPHY, Mrs. 

NAPOLITANO, Mr. NORCROSS, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. 

OMAR, Mr. PALLONE, Mr. PANETTA, Mr. PAPPAS, Mr. PASCRELL, Mr. 

PERLMUTTER, Mr. PETERS, Ms. PLASKETT, Mr. POCAN, Ms. PRESSLEY, 

Mr. PRICE of North Carolina, Mr. QUIGLEY, Mr. RASKIN, Miss RICE of 


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New York, Mr. ROUDA, Ms. ROYBAL-ALLARD, Mr. RUPPERSBERGER, Mr. 

RUSH, Mr. RYAN, Ms. SA ́NCHEZ, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. 

SCHIFF, Mr. SCHNEIDER, Ms. SCHRIER, Mr. SCOTT of Virginia, Mr. 

DAVID SCOTT of Georgia, Mr. SERRANO, Ms. SHALALA, Mr. SHERMAN, 

Ms. SHERRILL, Mr. SIRES, Mr. SMITH of Washington, Mr. SOTO, Ms. 

SPANBERGER, Ms. SPEIER, Mr. SUOZZI, Mr. SWALWELL of California, 

Mr. TAKANO, Mr. THOMPSON of Mississippi, Ms. TITUS, Ms. TLAIB, Mr. 

TONKO, Mrs. TORRES of California, Mrs. TRAHAN, Mr. VELA, Ms. 

WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. WILD, 

Ms. WILSON of Florida, Mr. CASE, Mr. CASTEN of Illinois, Ms. CASTOR

of Florida, Mr. COHEN, Ms. DAVIDS of Kansas, Mr. DESAULNIER, Ms. 

FINKENAUER, Mrs. FLETCHER, Mr. FOSTER, Mr. CUELLAR, Mr. CROW, 

Ms. FUDGE, Mr. KILDEE, Mr. KIND, Mr. LEVIN of Michigan, Mr. LEVIN

of California, Mr. LOEBSACK, Ms. LOFGREN, Mr. NEGUSE, Mr. MCNERNEY, Mr. PHILLIPS, Ms. PINGREE, Mr. RUIZ, Mr. SARBANES, Ms. 

SLOTKIN, Mr. STANTON, Ms. STEVENS, Mr. THOMPSON of California, 

Ms. UNDERWOOD, Mr. VEASEY, Ms. VELA ́ZQUEZ, Ms. WATERS, Ms. 

WEXTON, Ms. PORTER, Mr. VARGAS, Mr. GARCI ́A of Illinois, Mr. GONZALEZ of Texas, Mr. TRONE, Mr. COURTNEY, Ms. KENDRA S. HORN of 

Oklahoma, Ms. BARRAGA ́N, Mrs. DAVIS of California, Mr. EVANS, Ms. 

FRANKEL, Mr. GRIJALVA, Mrs. HAYES, Mr. NADLER, Mr. KENNEDY, and 

Ms. HOULAHAN) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Voting Rights Act of 1965 to revise the 

criteria for determining which States and political subdivisions are subject to section 4 of the Act, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Voting Rights Ad5 vancement Act of 2019’’. 


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1 SEC. 2. VIOLATIONS TRIGGERING AUTHORITY OF COURT 

2 TO RETAIN JURISDICTION. 

3 (a) TYPES OF VIOLATIONS.—Section 3(c) of the Vot4 ing Rights Act of 1965 (52 U.S.C. 10302(c)) is amended 

5 by striking ‘‘violations of the fourteenth or fifteenth 

6 amendment’’ and inserting ‘‘violations of the 14th or 15th 

7 Amendment, violations of this Act, or violations of any 

8 Federal law that prohibits discrimination in voting on the 

9 basis of race, color, or membership in a language minority 

10 group,’’. 

11 (b) CONFORMING AMENDMENT.—Section 3(a) of 

12 such Act (52 U.S.C. 10302(a)) is amended by striking 

13 ‘‘violations of the fourteenth or fifteenth amendment’’ and 

14 inserting ‘‘violations of the 14th or 15th Amendment, vio15 lations of this Act, or violations of any Federal law that 

16 prohibits discrimination in voting on the basis of race, 

17 color, or membership in a language minority group,’’. 

18 SEC. 3. CRITERIA FOR COVERAGE OF STATES AND POLIT19 ICAL SUBDIVISIONS. 

20 (a) DETERMINATION OF STATES AND POLITICAL

21 SUBDIVISIONS SUBJECT TO SECTION 4(a).— 

22 (1) IN GENERAL.—Section 4(b) of the Voting 

23 Rights Act of 1965 (52 U.S.C. 10303(b)) is amend24 ed to read as follows: 

25 ‘‘(b) DETERMINATION OF STATES AND POLITICAL

26 SUBDIVISIONS SUBJECT TO REQUIREMENTS.— 


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1 ‘‘(1) EXISTENCE OF VOTING RIGHTS VIOLA2 TIONS DURING PREVIOUS 25 YEARS.— 

3 ‘‘(A) STATEWIDE APPLICATION.—Sub4 section (a) applies with respect to a State and 

5 all political subdivisions within the State during 

6 a calendar year if— 

7 ‘‘(i) 15 or more voting rights viola8 tions occurred in the State during the pre9 vious 25 calendar years; or 

10 ‘‘(ii) 10 or more voting rights viola11 tions occurred in the State during the pre12 vious 25 calendar years, at least one of 

13 which was committed by the State itself 

14 (as opposed to a political subdivision with15 in the State). 

16 ‘‘(B) APPLICATION TO SPECIFIC POLITICAL

17 SUBDIVISIONS.—Subsection (a) applies with re18 spect to a political subdivision as a separate 

19 unit during a calendar year if 3 or more voting 

20 rights violations occurred in the subdivision 

21 during the previous 25 calendar years. 

22 ‘‘(2) PERIOD OF APPLICATION.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), if, pursuant to paragraph 

25 (1), subsection (a) applies with respect to a 


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1 State or political subdivision during a calendar 

2 year, subsection (a) shall apply with respect to 

3 such State or political subdivision for the pe4 riod— 

5 ‘‘(i) that begins on January 1 of the 

6 year in which subsection (a) applies; and 

7 ‘‘(ii) that ends on the date which is 10 

8 years after the date described in clause (i). 

9 ‘‘(B) NO FURTHER APPLICATION AFTER

10 DECLARATORY JUDGMENT.— 

11 ‘‘(i) STATES.—If a State obtains a de12 claratory judgment under subsection (a), 

13 and the judgment remains in effect, sub14 section (a) shall no longer apply to such 

15 State pursuant to paragraph (1)(A) unless, 

16 after the issuance of the declaratory judg17 ment, paragraph (1)(A) applies to the 

18 State solely on the basis of voting rights 

19 violations occurring after the issuance of 

20 the declaratory judgment. 

21 ‘‘(ii) POLITICAL SUBDIVISIONS.—If a 

22 political subdivision obtains a declaratory 

23 judgment under subsection (a), and the 

24 judgment remains in effect, subsection (a) 

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1 division pursuant to paragraph (1), includ2 ing pursuant to paragraph (1)(A) (relating 

3 to the statewide application of subsection 

4 (a)), unless, after the issuance of the de5 claratory judgment, paragraph (1)(B) ap6 plies to the political subdivision solely on 

7 the basis of voting rights violations occur8 ring after the issuance of the declaratory 

9 judgment. 

10 ‘‘(3) DETERMINATION OF VOTING RIGHTS VIO11 LATION.—For purposes of paragraph (1), a voting 

12 rights violation occurred in a State or political sub13 division if any of the following applies: 

14 ‘‘(A) FINAL JUDGMENT; VIOLATION OF

15 THE 14TH OR 15TH AMENDMENT.—In a final 

16 judgment (which has not been reversed on ap17 peal), any court of the United States has deter18 mined that a denial or abridgement of the right 

19 of any citizen of the United States to vote on 

20 account of race, color, or membership in a lan21 guage minority group, in violation of the 14th 

22 or 15th Amendment, occurred anywhere within 

23 the State or subdivision. 

24 ‘‘(B) FINAL JUDGMENT; VIOLATIONS OF

25 THIS ACT.—In a final judgment (which has not 


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1 been reversed on appeal), any court of the 

2 United States has determined that a voting 

3 qualification or prerequisite to voting or stand4 ard, practice, or procedure with respect to vot5 ing was imposed or applied or would have been 

6 imposed or applied anywhere within the State 

7 or subdivision in a manner that resulted or 

8 would have resulted in a denial or abridgement 

9 of the right of any citizen of the United States 

10 to vote on account of race, color, or membership 

11 in a language minority group, in violation of 

12 subsection (e) or (f), or section 2 or 203 of this 

13 Act. 

14 ‘‘(C) FINAL JUDGMENT; DENIAL OF DE15 CLARATORY JUDGMENT.—In a final judgment 

16 (which has not been reversed on appeal), any 

17 court of the United States has denied the re18 quest of the State or subdivision for a declara19 tory judgment under section 3(c) or section 5, 

20 and thereby prevented a voting qualification or 

21 prerequisite to voting or standard, practice, or 

22 procedure with respect to voting from being en23 forced anywhere within the State or subdivision. 

24 ‘‘(D) OBJECTION BY THE ATTORNEY GEN25 ERAL.—The Attorney General has interposed 


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1 an objection under section 3(c) or section 5 

2 (and the objection has not been overturned by 

3 a final judgment of a court or withdrawn by the 

4 Attorney General), and thereby prevented a vot5 ing qualification or prerequisite to voting or 

6 standard, practice, or procedure with respect to 

7 voting from being enforced anywhere within the 

8 State or subdivision. 

9 ‘‘(E) CONSENT DECREE, SETTLEMENT, OR

10 OTHER AGREEMENT.—A consent decree, settle11 ment, or other agreement was entered into, 

12 which resulted in the alteration or abandonment 

13 of a voting practice anywhere in the territory of 

14 such State that was challenged on the ground 

15 that the practice denied or abridged the right of 

16 any citizen of the United States to vote on ac17 count of race, color, or membership in a lan18 guage minority group in violation of subsection 

19 (e) or (f), or section 2 or 203 of this Act, or 

20 the 14th or 15th Amendment. 

21 ‘‘(4) TIMING OF DETERMINATIONS.— 

22 ‘‘(A) DETERMINATIONS OF VOTING RIGHTS

23 VIOLATIONS.—As early as practicable during 

24 each calendar year, the Attorney General shall 

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1 section, including updating the list of voting 

2 rights violations occurring in each State and po3 litical subdivision for the previous calendar 

4 year. 

5 ‘‘(B) EFFECTIVE UPON PUBLICATION IN

6 FEDERAL REGISTER.—A determination or cer7 tification of the Attorney General under this 

8 section or under section 8 or 13 shall be effec9 tive upon publication in the Federal Register.’’. 

10 (2) CONFORMING AMENDMENTS.—Section 4(a) 

11 of such Act (52 U.S.C. 10303(a)) is amended— 

12 (A) in paragraph (1), in the first sentence 

13 of the matter preceding subparagraph (A), by 

14 striking ‘‘any State with respect to which’’ and 

15 all that follows through ‘‘unless’’ and inserting 

16 ‘‘any State to which this subsection applies dur17 ing a calendar year pursuant to determinations 

18 made under subsection (b), or in any political 

19 subdivision of such State (as such subdivision 

20 existed on the date such determinations were 

21 made with respect to such State), though such 

22 determinations were not made with respect to 

23 such subdivision as a separate unit, or in any 

24 political subdivision with respect to which this 

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1 suant to determinations made with respect to 

2 such subdivision as a separate unit under sub3 section (b), unless’’; 

4 (B) in paragraph (1) in the matter pre5 ceding subparagraph (A), by striking the second 

6 sentence; 

7 (C) in paragraph (1)(A), by striking ‘‘(in 

8 the case of a State or subdivision seeking a de9 claratory judgment under the second sentence 

10 of this subsection)’’; 

11 (D) in paragraph (1)(B), by striking ‘‘(in 

12 the case of a State or subdivision seeking a de13 claratory judgment under the second sentence 

14 of this subsection)’’; 

15 (E) in paragraph (3), by striking ‘‘(in the 

16 case of a State or subdivision seeking a declara17 tory judgment under the second sentence of this 

18 subsection)’’; 

19 (F) in paragraph (5), by striking ‘‘(in the 

20 case of a State or subdivision which sought a 

21 declaratory judgment under the second sentence 

22 of this subsection)’’; 

23 (G) by striking paragraphs (7) and (8); 

24 and 


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1 (H) by redesignating paragraph (9) as 

2 paragraph (7). 

3 (b) CLARIFICATION OF TREATMENT OF MEMBERS OF

4 LANGUAGE MINORITY GROUPS.—Section 4(a)(1) of such 

5 Act (52 U.S.C. 10303(a)(1)) is amended by striking ‘‘race 

6 or color,’’ and inserting ‘‘race, color, or in contravention 

7 of the guarantees of subsection (f)(2),’’. 

8 SEC. 4. DETERMINATION OF STATES AND POLITICAL SUB9 DIVISIONS SUBJECT TO PRECLEARANCE FOR 

10 COVERED PRACTICES. 

11 The Voting Rights Act of 1965 (52 U.S.C. 10301 et 

12 seq.) is further amended by inserting after section 4 the 

13 following: 

14 ‘‘SEC. 4A. DETERMINATION OF STATES AND POLITICAL 

15 SUBDIVISIONS SUBJECT TO PRECLEARANCE 

16 FOR COVERED PRACTICES. 

17 ‘‘(a) PRACTICE-BASED PRECLEARANCE.— 

18 ‘‘(1) IN GENERAL.—Each State and each polit19 ical subdivision shall— 

20 ‘‘(A) identify any newly enacted or adopted 

21 law, regulation, or policy that includes a voting 

22 qualification or prerequisite to voting, or a 

23 standard, practice, or procedure with respect to 

24 voting, that is a covered practice described in 

25 subsection (b); and 


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1 ‘‘(B) ensure that no such covered practice 

2 is implemented unless or until the State or po3 litical subdivision, as the case may be, complies 

4 with subsection (c). 

5 ‘‘(2) DETERMINATIONS OF CHARACTERISTICS

6 OF VOTING-AGE POPULATION.— 

7 ‘‘(A) IN GENERAL.—As early as prac8 ticable during each calendar year, the Attorney 

9 General, in consultation with the Director of 

10 the Bureau of the Census and the heads of 

11 other relevant offices of the government, shall 

12 make the determinations required by this sec13 tion regarding voting-age populations and the 

14 characteristics of such populations, and shall 

15 publish a list of the States and political subdivi16 sions to which a voting-age population char17 acteristic described in subsection (b) applies. 

18 ‘‘(B) PUBLICATION IN THE FEDERAL REG19 ISTER.—A determination or certification of the 

20 Attorney General under this paragraph shall be 

21 effective upon publication in the Federal Reg22 ister. 

23 ‘‘(b) COVERED PRACTICES.—To assure that the right 

24 of citizens of the United States to vote is not denied or 

25 abridged on account of race, color, or membership in a 


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1 language minority group as a result of the implementation 

2 of certain qualifications or prerequisites to voting, or 

3 standards, practices, or procedures with respect to voting 

4 newly adopted in a State or political subdivision, the fol5 lowing shall be covered practices subject to the require6 ments described in subsection (a): 

7 ‘‘(1) CHANGES TO METHOD OF ELECTION.— 

8 Any change to the method of election— 

9 ‘‘(A) to add seats elected at-large in a 

10 State or political subdivision where— 

11 ‘‘(i) 2 or more racial groups or lan12 guage minority groups each represent 20 

13 percent or more of the political subdivi14 sion’s voting-age population; or 

15 ‘‘(ii) a single language minority group 

16 represents 20 percent or more of the vot17 ing-age population on Indian lands located 

18 in whole or in part in the political subdivi19 sion; or 

20 ‘‘(B) to convert one or more seats elected 

21 from a single-member district to one or more 

22 at-large seats or seats from a multi-member 

23 district in a State or political subdivision 

24 where— 


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1 ‘‘(i) 2 or more racial groups or lan2 guage minority groups each represent 20 

3 percent or more of the political subdivi4 sion’s voting-age population; or 

5 ‘‘(ii) a single language minority group 

6 represents 20 percent or more of the vot7 ing-age population on Indian lands located 

8 in whole or in part in the political subdivi9 sion. 

10 ‘‘(2) CHANGES TO JURISDICTION BOUND11 ARIES.—Any change or series of changes within a 

12 year to the boundaries of a jurisdiction that reduces 

13 by 3 or more percentage points the proportion of the 

14 jurisdiction’s voting-age population that is comprised 

15 of members of a single racial group or language mi16 nority group in a State or political subdivision 

17 where— 

18 ‘‘(A) 2 or more racial groups or language 

19 minority groups each represent 20 percent or 

20 more of the political subdivision’s voting-age 

21 population; or 

22 ‘‘(B) a single language minority group rep23 resents 20 percent or more of the voting-age 

24 population on Indian lands located in whole or 

25 in part in the political subdivision. 


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1 ‘‘(3) CHANGES THROUGH REDISTRICTING.— 

2 Any change to the boundaries of election districts in 

3 a State or political subdivision where any racial 

4 group or language minority group experiences a pop5 ulation increase, over the preceding decade (as cal6 culated by the Bureau of the Census under the most 

7 recent decennial census), of at least— 

8 ‘‘(A) 10,000; or 

9 ‘‘(B) 20 percent of voting-age population 

10 of the State or political subdivision, as the case 

11 may be. 

12 ‘‘(4) CHANGES IN DOCUMENTATION OR QUALI13 FICATIONS TO VOTE.—Any change to requirements 

14 for documentation or proof of identity to vote such 

15 that the requirements will exceed or be more strin16 gent than the requirements for voting that are de17 scribed in section 303(b) of the Help America Vote 

18 Act of 2002 (52 U.S.C. 21083(b)) or any change to 

19 the requirements for documentation or proof of iden20 tity to register to vote that will exceed or be more 

21 stringent than such requirements under State law on 

22 the day before the date of enactment of the Voting 

23 Rights Advancement Act of 2019. 

24 ‘‘(5) CHANGES TO MULTILINGUAL VOTING MA25 TERIALS.—Any change that reduces multilingual 


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1 voting materials or alters the manner in which such 

2 materials are provided or distributed, where no simi3 lar reduction or alteration occurs in materials pro4 vided in English for such election. 

5 ‘‘(6) CHANGES THAT REDUCE, CONSOLIDATE, 

6 OR RELOCATE VOTING LOCATIONS.—Any change 

7 that reduces, consolidates, or relocates voting loca8 tions, including early, absentee, and election-day vot9 ing locations— 

10 ‘‘(A) in 1 or more census tracts wherein 2 

11 or more language minority groups or racial 

12 groups each represent 20 percent or more of 

13 the voting-age population of the political sub14 division; or 

15 ‘‘(B) on Indian lands wherein at least 20 

16 percent of the voting-age population belongs to 

17 a single language minority group. 

18 ‘‘(c) PRECLEARANCE.— 

19 ‘‘(1) IN GENERAL.—Whenever a State or polit20 ical subdivision with respect to which the require21 ments set forth in subsection (a) are in effect shall 

22 enact, adopt, or seek to implement any covered prac23 tice described under subsection (b), such State or 

24 subdivision may institute an action in the United 

25 States District Court for the District of Columbia 


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1 for a declaratory judgment that such covered prac2 tice neither has the purpose nor will have the effect 

3 of denying or abridging the right to vote on account 

4 of race, color, or membership in a language minority 

5 group, and unless and until the court enters such 

6 judgment such covered practice shall not be imple7 mented. Notwithstanding the previous sentence, such 

8 covered practice may be implemented without such 

9 proceeding if the covered practice has been sub10 mitted by the chief legal officer or other appropriate 

11 official of such State or subdivision to the Attorney 

12 General and the Attorney General has not inter13 posed an objection within 60 days after such submis14 sion, or upon good cause shown, to facilitate an ex15 pedited approval within 60 days after such submis16 sion, the Attorney General has affirmatively indi17 cated that such objection will not be made. Neither 

18 an affirmative indication by the Attorney General 

19 that no objection will be made, nor the Attorney 

20 General’s failure to object, nor a declaratory judg21 ment entered under this section shall bar a subse22 quent action to enjoin implementation of such cov23 ered practice. In the event the Attorney General af24 firmatively indicates that no objection will be made 

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1 mission, the Attorney General may reserve the right 

2 to reexamine the submission if additional informa3 tion comes to the Attorney General’s attention dur4 ing the remainder of the 60-day period which would 

5 otherwise require objection in accordance with this 

6 section. Any action under this section shall be heard 

7 and determined by a court of three judges in accord8 ance with the provisions of section 2284 of title 28, 

9 United States Code, and any appeal shall lie to the 

10 Supreme Court. 

11 ‘‘(2) DENYING OR ABRIDGING THE RIGHT TO

12 VOTE.—Any covered practice described in subsection 

13 (b) that has the purpose of or will have the effect 

14 of diminishing the ability of any citizens of the 

15 United States on account of race, color, or member16 ship in a language minority group, to elect their pre17 ferred candidates of choice denies or abridges the 

18 right to vote within the meaning of paragraph (1) of 

19 this subsection. 

20 ‘‘(3) PURPOSE DEFINED.—The term ‘purpose’ 

21 in paragraphs (1) and (2) of this subsection shall in22 clude any discriminatory purpose. 

23 ‘‘(4) PURPOSE OF PARAGRAPH (2).—The pur24 pose of paragraph (2) of this subsection is to protect 


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1 the ability of such citizens to elect their preferred 

2 candidates of choice. 

3 ‘‘(d) ENFORCEMENT.—The Attorney General or any 

4 aggrieved citizen may file an action in a Federal district 

5 court to compel any State or political subdivision to satisfy 

6 the obligations set forth in this section. Such actions shall 

7 be heard and determined by a court of 3 judges under 

8 section 2284 of title 28, United States Code. In any such 

9 action, the court shall provide as a remedy that any voting 

10 qualification or prerequisite to voting, or standard, prac11 tice, or procedure with respect to voting, that is the sub12 ject of the action under this subsection be enjoined unless 

13 the court determines that— 

14 ‘‘(1) the voting qualification or prerequisite to 

15 voting, or standard, practice, or procedure with re16 spect to voting, is not a covered practice described 

17 in subsection (b); or 

18 ‘‘(2) the State or political subdivision has com19 plied with subsection (c) with respect to the covered 

20 practice at issue. 

21 ‘‘(e) COUNTING OF RACIAL GROUPS AND LANGUAGE

22 MINORITY GROUPS.—For purposes of this section, the cal23 culation of the population of a racial group or a language 

24 minority group shall be carried out using the methodology 


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1 in the guidance promulgated in the Federal Register on 

2 February 9, 2011 (76 Fed. Reg. 7470). 

3 ‘‘(f) SPECIAL RULE.—For purposes of determina4 tions under this section, any data provided by the Bureau 

5 of the Census, whether based on estimation from sample 

6 or actual enumeration, shall not be subject to challenge 

7 or review in any court. 

8 ‘‘(g) MULTILINGUAL VOTING MATERIALS.—In this 

9 section, the term ‘multilingual voting materials’ means 

10 registration or voting notices, forms, instructions, assist11 ance, or other materials or information relating to the 

12 electoral process, including ballots, provided in the lan13 guage or languages of one or more language minority 

14 groups.’’. 

15 SEC. 5. PROMOTING TRANSPARENCY TO ENFORCE THE 

16 VOTING RIGHTS ACT. 

17 (a) TRANSPARENCY.— 

18 (1) IN GENERAL.—The Voting Rights Act of 

19 1965 (52 U.S.C. 10301 et seq.) is amended by in20 serting after section 5 the following new section: 

21 ‘‘SEC. 6. TRANSPARENCY REGARDING CHANGES TO PRO22 TECT VOTING RIGHTS. 

23 ‘‘(a) NOTICE OF ENACTED CHANGES.— 

24 ‘‘(1) NOTICE OF CHANGES.—If a State or polit25 ical subdivision makes any change in any preVerDate Sep 11 2014 00:35 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

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1 requisite to voting or standard, practice, or proce2 dure with respect to voting in any election for Fed3 eral office that will result in the prerequisite, stand4 ard, practice, or procedure being different from that 

5 which was in effect as of 180 days before the date 

6 of the election for Federal office, the State or polit7 ical subdivision shall provide reasonable public notice 

8 in such State or political subdivision and on the 

9 Internet, of a concise description of the change, in10 cluding the difference between the changed pre11 requisite, standard, practice, or procedure and the 

12 prerequisite, standard, practice, or procedure which 

13 was previously in effect. The public notice described 

14 in this paragraph, in such State or political subdivi15 sion and on the Internet, shall be in a format that 

16 is reasonably convenient and accessible to voters 

17 with disabilities, including voters who have low vi18 sion or are blind. 

19 ‘‘(2) DEADLINE FOR NOTICE.—A State or polit20 ical subdivision shall provide the public notice re21 quired under paragraph (1) not later than 48 hours 

22 after making the change involved. 

23 ‘‘(b) TRANSPARENCY REGARDING POLLING PLACE

24 RESOURCES.— 


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1 ‘‘(1) IN GENERAL.—In order to identify any 

2 changes that may impact the right to vote of any 

3 person, prior to the 30th day before the date of an 

4 election for Federal office, each State or political 

5 subdivision with responsibility for allocating reg6 istered voters, voting machines, and official poll 

7 workers to particular precincts and polling places 

8 shall provide reasonable public notice in such State 

9 or political subdivision and on the Internet, of the 

10 information described in paragraph (2) for precincts 

11 and polling places within such State or political sub12 division. The public notice described in this para13 graph, in such State or political subdivision and on 

14 the Internet, shall be in a format that is reasonably 

15 convenient and accessible to voters with disabilities 

16 including voters who have low vision or are blind. 

17 ‘‘(2) INFORMATION DESCRIBED.—The informa18 tion described in this paragraph with respect to a 

19 precinct or polling place is each of the following: 

20 ‘‘(A) The name or number. 

21 ‘‘(B) In the case of a polling place, the lo22 cation, including the street address, and wheth23 er such polling place is accessible to persons 

24 with disabilities. 


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1 ‘‘(C) The voting-age population of the area 

2 served by the precinct or polling place, broken 

3 down by demographic group if such breakdown 

4 is reasonably available to such State or political 

5 subdivision. 

6 ‘‘(D) The number of registered voters as7 signed to the precinct or polling place, broken 

8 down by demographic group if such breakdown 

9 is reasonably available to such State or political 

10 subdivision. 

11 ‘‘(E) The number of voting machines as12 signed, including the number of voting ma13 chines accessible to voters with disabilities, in14 cluding voters who have low vision or are blind. 

15 ‘‘(F) The number of official paid poll 

16 workers assigned. 

17 ‘‘(G) The number of official volunteer poll 

18 workers assigned. 

19 ‘‘(H) In the case of a polling place, the 

20 dates and hours of operation. 

21 ‘‘(3) UPDATES IN INFORMATION REPORTED.— 

22 If a State or political subdivision makes any change 

23 in any of the information described in paragraph 

24 (2), the State or political subdivision shall provide 

25 reasonable public notice in such State or political 


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1 subdivision and on the Internet, of the change in the 

2 information not later than 48 hours after the change 

3 occurs or, if the change occurs fewer than 48 hours 

4 before the date of the election for Federal office, as 

5 soon as practicable after the change occurs. The 

6 public notice described in this paragraph in such 

7 State or political subdivision and on the Internet 

8 shall be in a format that is reasonably convenient 

9 and accessible to voters with disabilities including 

10 voters who have low vision or are blind. 

11 ‘‘(c) TRANSPARENCY OF CHANGES RELATING TO DE12 MOGRAPHICS AND ELECTORAL DISTRICTS.— 

13 ‘‘(1) REQUIRING PUBLIC NOTICE OF

14 CHANGES.—Not later than 10 days after making 

15 any change in the constituency that will participate 

16 in an election for Federal, State, or local office or 

17 the boundaries of a voting unit or electoral district 

18 in an election for Federal, State, or local office (in19 cluding through redistricting, reapportionment, 

20 changing from at-large elections to district-based 

21 elections, or changing from district-based elections 

22 to at-large elections), a State or political subdivision 

23 shall provide reasonable public notice in such State 

24 or political subdivision and on the Internet, of the 

25 demographic and electoral data described in paraVerDate Sep 11 2014 00:35 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

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1 graph (3) for each of the geographic areas described 

2 in paragraph (2). 

3 ‘‘(2) GEOGRAPHIC AREAS DESCRIBED.—The ge4 ographic areas described in this paragraph are as 

5 follows: 

6 ‘‘(A) The State as a whole, if the change 

7 applies statewide, or the political subdivision as 

8 a whole, if the change applies across the entire 

9 political subdivision. 

10 ‘‘(B) If the change includes a plan to re11 place or eliminate voting units or electoral dis12 tricts, each voting unit or electoral district that 

13 will be replaced or eliminated. 

14 ‘‘(C) If the change includes a plan to es15 tablish new voting units or electoral districts, 

16 each such new voting unit or electoral district. 

17 ‘‘(3) DEMOGRAPHIC AND ELECTORAL DATA.— 

18 The demographic and electoral data described in this 

19 paragraph with respect to a geographic area de20 scribed in paragraph (2) are each of the following: 

21 ‘‘(A) The voting-age population, broken 

22 down by demographic group. 

23 ‘‘(B) If it is reasonably available to the 

24 State or political subdivision involved, an esti25 mate of the population of the area which conVerDate Sep 11 2014 00:35 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

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1 sists of citizens of the United States who are 18 

2 years of age or older, broken down by demo3 graphic group. 

4 ‘‘(C) The number of registered voters, bro5 ken down by demographic group if such break6 down is reasonably available to the State or po7 litical subdivision involved. 

8 ‘‘(D)(i) If the change applies to a State, 

9 the actual number of votes, or (if it is not rea10 sonably practicable for the State to ascertain 

11 the actual number of votes) the estimated num12 ber of votes received by each candidate in each 

13 statewide election held during the 5-year period 

14 which ends on the date the change involved is 

15 made; and 

16 ‘‘(ii) if the change applies to only one polit17 ical subdivision, the actual number of votes, or 

18 (if it is not reasonably practicable for the polit19 ical subdivision to ascertain the actual number 

20 of votes) in each subdivision-wide election held 

21 during the 5-year period which ends on the date 

22 the change involved is made. 

23 ‘‘(4) VOLUNTARY COMPLIANCE BY SMALLER JU24 RISDICTIONS.—Compliance with this subsection shall 


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1 be voluntary for a political subdivision of a State un2 less the subdivision is one of the following: 

3 ‘‘(A) A county or parish. 

4 ‘‘(B) A municipality with a population 

5 greater than 10,000, as determined by the Bu6 reau of the Census under the most recent de7 cennial census. 

8 ‘‘(C) A school district with a population 

9 greater than 10,000, as determined by the Bu10 reau of the Census under the most recent de11 cennial census. For purposes of this subpara12 graph, the term ‘school district’ means the geo13 graphic area under the jurisdiction of a local 

14 educational agency (as defined in section 9101 

15 of the Elementary and Secondary Education 

16 Act of 1965). 

17 ‘‘(d) RULES REGARDING FORMAT OF INFORMA18 TION.—The Attorney General may issue rules specifying 

19 a reasonably convenient and accessible format that States 

20 and political subdivisions shall use to provide public notice 

21 of information under this section. 

22 ‘‘(e) NO DENIAL OF RIGHT TO VOTE.—The right to 

23 vote of any person shall not be denied or abridged because 

24 the person failed to comply with any change made by a 

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1 division involved did not meet the applicable requirements 

2 of this section with respect to the change. 

3 ‘‘(f) DEFINITIONS.—In this section— 

4 ‘‘(1) the term ‘demographic group’ means each 

5 group which section 2 protects from the denial or 

6 abridgement of the right to vote on account of race 

7 or color, or in contravention of the guarantees set 

8 forth in section 4(f)(2); 

9 ‘‘(2) the term ‘election for Federal office’ means 

10 any general, special, primary, or runoff election held 

11 solely or in part for the purpose of electing any can12 didate for the office of President, Vice President, 

13 Presidential elector, Senator, Member of the House 

14 of Representatives, or Delegate or Resident Commis15 sioner to the Congress; and 

16 ‘‘(3) the term ‘persons with disabilities’, means 

17 individuals with a disability, as defined in section 3 

18 of the Americans with Disabilities Act of 1990.’’. 

19 (2) CONFORMING AMENDMENT.—Section 3(a) 

20 of such Act (52 U.S.C. 10302(a)) is amended by 

21 striking ‘‘in accordance with section 6’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 subsection (a)(1) shall apply with respect to changes which 

24 are made on or after the expiration of the 60-day period 

25 which begins on the date of the enactment of this Act. 


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1 SEC. 6. AUTHORITY TO ASSIGN OBSERVERS. 

2 (a) CLARIFICATION OF AUTHORITY IN POLITICAL

3 SUBDIVISIONS SUBJECT TO PRECLEARANCE.—Section 

4 8(a)(2)(B) of the Voting Rights Act of 1965 (52 U.S.C. 

5 10305(a)(2)(B)) is amended to read as follows: 

6 ‘‘(B) in the Attorney General’s judgment, 

7 the assignment of observers is otherwise nec8 essary to enforce the guarantees of the 14th or 

9 15th Amendment or any provision of this Act 

10 or any other Federal law protecting the right of 

11 citizens of the United States to vote;’’. 

12 (b) ASSIGNMENT OF OBSERVERS TO ENFORCE BI13 LINGUAL ELECTION REQUIREMENTS.—Section 8(a) of 

14 such Act (52 U.S.C. 10305(a)) is amended— 

15 (1) by striking ‘‘or’’ at the end of paragraph 

16 (2); and 

17 (2) by adding after paragraph (2) the following: 

18 ‘‘(3) the Attorney General certifies with respect 

19 to a political subdivision that— 

20 ‘‘(A) the Attorney General has received 

21 written meritorious complaints from residents, 

22 elected officials, or civic participation organiza23 tions that efforts to violate section 203 are like24 ly to occur; or 


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1 ‘‘(B) in the Attorney General’s judgment, 

2 the assignment of observers is necessary to en3 force the guarantees of section 203.’’. 

4 SEC. 7. PRELIMINARY INJUNCTIVE RELIEF. 

5 (a) CLARIFICATION OF SCOPE AND PERSONS AU6 THORIZED TO SEEK RELIEF.—Section 12(d) of the Vot7 ing Rights Act of 1965 (52 U.S.C. 10308(d)) is amend8 ed— 

9 (1) by striking ‘‘section 2, 3, 4, 5, 7, 10, 11, 

10 or subsection (b) of this section’’ and inserting ‘‘the 

11 14th or 15th Amendment, this Act, or any Federal 

12 voting rights law that prohibits discrimination on 

13 the basis of race, color, or membership in a language 

14 minority group’’; and 

15 (2) by striking ‘‘the Attorney General may in16 stitute for the United States, or in the name of the 

17 United States,’’ and inserting ‘‘the aggrieved person 

18 or (in the name of the United States) the Attorney 

19 General may institute’’. 

20 (b) GROUNDS FOR GRANTING RELIEF.—Section 

21 12(d) of such Act (52 U.S.C. 10308(d)) is amended— 

22 (1) by striking ‘‘(d) Whenever any person’’ and 

23 inserting ‘‘(d)(1) Whenever any person’’; 

24 (2) by striking ‘‘(1) to permit’’ and inserting 

25 ‘‘(A) to permit’’; 


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1 (3) by striking ‘‘(2) to count’’ and inserting 

2 ‘‘(B) to count’’; and 

3 (4) by adding at the end the following new 

4 paragraph: 

5 ‘‘(2)(A) In any action for preliminary relief described 

6 in this subsection, the court shall grant the relief if the 

7 court determines that the complainant has raised a serious 

8 question whether the challenged voting qualification or 

9 prerequisite to voting or standard, practice, or procedure 

10 violates this Act or the Constitution and, on balance, the 

11 hardship imposed upon the defendant by the grant of the 

12 relief will be less than the hardship which would be im13 posed upon the plaintiff if the relief were not granted. In 

14 balancing the harms, the court shall give due weight to 

15 the fundamental right to cast an effective ballot. 

16 ‘‘(B) In making its determination under this para17 graph with respect to a change in any voting qualification, 

18 prerequisite to voting, or standard, practice, or procedure 

19 with respect to voting, the court shall consider all relevant 

20 factors and give due weight to the following factors, if they 

21 are present: 

22 ‘‘(i) Whether the qualification, prerequisite, 

23 standard, practice, or procedure in effect prior to the 

24 change was adopted as a remedy for a Federal court 

25 judgment, consent decree, or admission regarding— 


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1 ‘‘(I) discrimination on the basis of race or 

2 color in violation of the 14th or 15th Amend3 ment; 

4 ‘‘(II) a violation of this Act; or 

5 ‘‘(III) voting discrimination on the basis of 

6 race, color, or membership in a language minor7 ity group in violation of any other Federal or 

8 State law. 

9 ‘‘(ii) Whether the qualification, prerequisite, 

10 standard, practice, or procedure in effect prior to the 

11 change served as a ground for the dismissal or set12 tlement of a claim alleging— 

13 ‘‘(I) discrimination on the basis of race or 

14 color in violation of the 14th or 15th Amend15 ment; 

16 ‘‘(II) a violation of this Act; or 

17 ‘‘(III) voting discrimination on the basis of 

18 race, color, or membership in a language minor19 ity group in violation of any other Federal or 

20 State law. 

21 ‘‘(iii) Whether the change was adopted fewer 

22 than 180 days before the date of the election with 

23 respect to which the change is to take effect. 

24 ‘‘(iv) Whether the defendant has failed to pro25 vide timely or complete notice of the adoption of the 


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1 change as required by applicable Federal or State 

2 law.’’. 

3 (c) GROUNDS FOR STAY OR INTERLOCUTORY AP4 PEAL.—Section 12(d) of such Act (52 U.S.C. 10308(d)) 

5 is amended by adding at the end the following: ‘‘A juris6 diction’s inability to enforce its voting or election laws, 

7 regulations, policies, or redistricting plans, standing alone, 

8 shall not be deemed to constitute irreparable harm to the 

9 public interest or to the interests of a defendant in a law10 suit under the U.S. Constitution or any Federal law that 

11 prohibits discrimination on the basis of race, color, or 

12 membership in a language minority group in the voting 

13 process, for the purposes of determining whether a stay 

14 of a court’s order or an interlocutory appeal under section 

15 1253 of title 28, United States Code, is warranted.’’ 

16 SEC. 8. DEFINITIONS. 

17 Title I of the Voting Rights Act of 1965 (52 U.S.C. 

18 10301) is amended by adding at the end the following: 

19 ‘‘SEC. 21. DEFINITIONS. 

20 ‘‘In this Act: 

21 ‘‘(1) INDIAN.—The term ‘Indian’ has the mean22 ing given the term in section 4 of the Indian Self23 Determination and Education Assistance Act. 

24 ‘‘(2) INDIAN LANDS.—The term ‘Indian lands’ 

25 means— 


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1 ‘‘(A) any Indian country of an Indian 

2 tribe, as such term is defined in section 1151 

3 of title 18, United States Code; 

4 ‘‘(B) any land in Alaska that is owned, 

5 pursuant to the Alaska Native Claims Settle6 ment Act, by an Indian tribe that is a Native 

7 village (as such term is defined in section 3 of 

8 such Act), or by a Village Corporation that is 

9 associated with the Indian tribe (as such term 

10 is defined in section 3 of such Act); 

11 ‘‘(C) any land on which the seat of govern12 ment of the Indian tribe is located; and 

13 ‘‘(D) any land that is part or all of a tribal 

14 designated statistical area associated with the 

15 Indian tribe, or is part or all of an Alaska Na16 tive village statistical area associated with the 

17 tribe, as defined by the Bureau of the Census 

18 for the purposes of the most recent decennial 

19 census. 

20 ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ or 

21 ‘tribe’ has the meaning given the term ‘Indian tribe’ 

22 in section 4 of the Indian Self-Determination and 

23 Education Assistance Act. 


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1 ‘‘(4) TRIBAL GOVERNMENT.—The term ‘Tribal 

2 Government’ means the recognized governing body 

3 of an Indian Tribe. 

4 ‘‘(5) VOTING-AGE POPULATION.—The term 

5 ‘voting-age population’ means the numerical size of 

6 the population within a State, within a political sub7 division, or within a political subdivision that con8 tains Indian lands, as the case may be, that consists 

9 of persons age 18 or older, as calculated by the Bu10 reau of the Census under the most recent decennial 

11 census.’’. 

12 SEC. 9. OTHER TECHNICAL AND CONFORMING AMEND13 MENTS. 

14 (a) ACTIONS COVERED UNDER SECTION 3.—Section 

15 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 

16 10302(c)) is amended— 

17 (1) by striking ‘‘any proceeding instituted by 

18 the Attorney General or an aggrieved person under 

19 any statute to enforce’’ and inserting ‘‘any action 

20 under any statute in which a party (including the 

21 Attorney General) seeks to enforce’’; and 

22 (2) by striking ‘‘at the time the proceeding was 

23 commenced’’ and inserting ‘‘at the time the action 

24 was commenced’’. 


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1 (b) CLARIFICATION OF TREATMENT OF MEMBERS OF

2 LANGUAGE MINORITY GROUPS.—Section 4(f) of such Act 

3 (52 U.S.C. 10303(f)) is amended— 

4 (1) in paragraph (1), by striking the second 

5 sentence; and 

6 (2) by striking paragraphs (3) and (4). 

7 (c) PERIOD DURING WHICH CHANGES IN VOTING

8 PRACTICES ARE SUBJECT TO PRECLEARANCE UNDER

9 SECTION 5.—Section 5 of such Act (52 U.S.C. 10304) 

10 is amended— 

11 (1) in subsection (a), by striking ‘‘based upon 

12 determinations made under the first sentence of sec13 tion 4(b) are in effect’’ and inserting ‘‘are in effect 

14 during a calendar year’’; 

15 (2) in subsection (a), by striking ‘‘November 1, 

16 1964’’ and all that follows through ‘‘November 1, 

17 1972’’ and inserting ‘‘the applicable date of cov18 erage’’; and 

19 (3) by adding at the end the following new sub20 section: 

21 ‘‘(e) The term ‘applicable date of coverage’ means, 

22 with respect to a State or political subdivision— 

23 ‘‘(1) June 25, 2013, if the most recent deter24 mination for such State or subdivision under section 

25 4(b) was made on or before December 31, 2015; or 


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1 ‘‘(2) the date on which the most recent deter2 mination for such State or subdivision under section 

3 4(b) was made, if such determination was made 

4 after December 31, 2015.’’. 

Æ 


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