II 

115TH CONGRESS 

1ST SESSION S. 1419 

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 SENATE OF THE UNITED STATES 

JUNE 22, 2017 

Mr. LEAHY (for himself, Mr. DURBIN, Ms. BALDWIN, Mr. BENNET, Mr. 

BLUMENTHAL, Mr. BOOKER, Mr. BROWN, Ms. CANTWELL, Mr. CARDIN, 

Mr. CARPER, Mr. CASEY, Mr. COONS, Ms. CORTEZ MASTO, Mr. DONNELLY, Ms. DUCKWORTH, Mrs. FEINSTEIN, Mr. FRANKEN, Mrs. GILLIBRAND, Ms. HARRIS, Ms. HASSAN, Mr. HEINRICH, Ms. HEITKAMP, Ms. 

HIRONO, Mr. KAINE, Mr. KING, Ms. KLOBUCHAR, Mr. MARKEY, Mrs. 

MCCASKILL, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY, Mrs. MURRAY, Mr. NELSON, Mr. PETERS, Mr. REED, Mr. SANDERS, Mr. SCHATZ, 

Mr. SCHUMER, Mrs. SHAHEEN, Ms. STABENOW, Mr. TESTER, Mr. 

UDALL, Mr. VAN HOLLEN, Mr. WARNER, Ms. WARREN, Mr. WHITEHOUSE, and Mr. WYDEN) introduced the following bill; which was read 

twice and 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Voting Rights Ad3 vancement Act of 2017’’. 

4 SEC. 2. VOTING ON INDIAN LANDS. 

5 Section 2 of the Voting Rights Act of 1965 (42 

6 U.S.C. 1973) is amended by adding at the end the fol7 lowing: 

8 ‘‘(c) VOTING ON INDIAN LANDS.— 

9 ‘‘(1) TRIBAL REQUESTS FOR POLLING PLACES; 

10 POLLING PLACE PROVIDED.— 

11 ‘‘(A) IN GENERAL.—A representative offi12 cial of an Indian tribe, with authorization from 

13 the governing body of the tribe, may request 

14 one or more polling places to be located on the 

15 Indian lands of the Indian tribe. Such request 

16 shall be delivered in writing to the State or po17 litical subdivision with responsibility for assign18 ing polling places at least 6 months prior to the 

19 next election for which the request is made, and 

20 shall specify the location of each requested poll21 ing place. 

22 ‘‘(B) POLLING PLACES PROVIDED.—Each 

23 requested polling place shall be provided by the 

24 State or political subdivision in response to a 

25 request made under subparagraph (A), at no 

26 expense to the Indian tribe, if the voting-age 


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1 population within the geographic area of the In2 dian lands relevant to the requested polling 

3 place is at least equal to the smallest voting-age 

4 population served by any other polling place in 

5 the State. Each polling place that is provided 

6 under this subparagraph shall continue to be 

7 provided after the election for which the request 

8 was made, until such time as the Indian tribe 

9 that requested that polling place delivers a writ10 ten request to the State or political subdivision 

11 asking that such polling place be withdrawn. 

12 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

13 in this paragraph shall be construed to prevent 

14 a State or political subdivision from providing 

15 additional polling places on Indian lands if no 

16 request was made under subparagraph (A), or 

17 if such request was made less than 6 months 

18 prior to the next election for which the request 

19 was made. 

20 ‘‘(2) REQUIREMENT TO PROVIDE EQUITABLE

21 POLLING LOCATIONS.— 

22 ‘‘(A) IN GENERAL.—A State or political 

23 subdivision shall provide the same ratio of poll 

24 workers and voting devices, the same rate of 

25 pay to poll workers, and the same days and 


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1 hours of operation, for polling places that are 

2 located on Indian lands as are provided in other 

3 locations of polling places in the State or polit4 ical subdivision. 

5 ‘‘(B) ELIGIBILITY TO VOTE AT A POLLING

6 LOCATION.—A polling place located on Indian 

7 lands shall be open to voting by all persons who 

8 are otherwise eligible to vote residing within the 

9 precinct, voting unit, or electoral district. 

10 ‘‘(C) FEDERAL FACILITIES.—Polling 

11 places located on Indian lands may be des12 ignated at— 

13 ‘‘(i) a Federal facility, such as Indian 

14 Health Service or Bureau of Indian Affairs 

15 service buildings; 

16 ‘‘(ii) any tribal government facility 

17 that meets the requirements of Federal 

18 and State law applied to other polling loca19 tions within the State; 

20 ‘‘(iii) a tribally owned building; or 

21 ‘‘(iv) another facility that meets the 

22 requirements for polling places in the 

23 State. 

24 ‘‘(3) ABSENTEE BALLOTS AND EARLY VOT25 ING.— 


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1 ‘‘(A) IN GENERAL.—A representative offi2 cial of an Indian tribe, with authorization from 

3 the governing body of the Indian tribe, may de4 liver a request to the appropriate State or polit5 ical subdivision that a location on Indian lands 

6 be designated as an absentee ballot location or 

7 an early voting location, and such State or po8 litical subdivision shall grant the request, at no 

9 expense to the Indian tribe, if— 

10 ‘‘(i) the requested location on Indian 

11 lands is in a State that permits voting by 

12 an absentee or mail-in ballot or early vot13 ing (also called absentee in-person voting), 

14 as the case may be; and 

15 ‘‘(ii) the voting-age population within 

16 the geographic area of Indian lands rel17 evant to the requested absentee ballot loca18 tion or early voting location is at least 

19 equal to the smallest voting-age population 

20 served by any other absentee ballot loca21 tion or early voting location in the State. 

22 ‘‘(B) INDIAN LANDS AS ABSENTEE BALLOT

23 LOCATION.—If a location on Indian lands is 

24 designated as an absentee ballot location or an 

25 early voting location, absentee ballots, or early 


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1 ballots, as the case may be, shall be provided, 

2 at no expense to the Indian tribe, to each reg3 istered voter living in such designated location 

4 without the requirement of an excuse for an ab5 sentee ballot or early voting. Bilingual election 

6 materials and oral language assistance shall be 

7 provided if required by section 203. 

8 ‘‘(4) TRIBAL REQUESTS FOR VOTER REGISTRA9 TION AGENCIES.—A representative official of an In10 dian tribe, with authorization from the governing 

11 body of the tribe, may request that tribal govern12 ment service offices be designated as voter registra13 tion agencies under section 7 of the National Voter 

14 Registration Act of 1993 (52 U.S.C. 20506). Such 

15 a request shall be delivered in writing to the State 

16 or political subdivision with responsibility for assign17 ing polling locations at least 6 months prior to the 

18 next election for which the request is made. Such a 

19 request shall be granted if the tribal government 

20 service office meets the requirements of Federal and 

21 State law applied to other designated voter registra22 tion agencies within the State.’’. 


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1 SEC. 3. 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. 4. 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. 5. 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 multimember dis23 trict in a State or political subdivision where— 

24 ‘‘(i) 2 or more racial groups or lan25 guage minority groups each represent 20 


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1 percent or more of the political subdivi2 sion’s voting-age population; or 

3 ‘‘(ii) a single language minority group 

4 represents 20 percent or more of the vot5 ing-age population on Indian lands located 

6 in whole or in part in the political subdivi7 sion. 

8 ‘‘(2) CHANGES TO JURISDICTION BOUND9 ARIES.—Any change or series of changes within a 

10 year to the boundaries of a jurisdiction that reduces 

11 by 3 or more percentage points the proportion of the 

12 jurisdiction’s voting-age population that is comprised 

13 of members of a single racial group or language mi14 nority group in a State or political subdivision 

15 where— 

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

17 minority groups each represent 20 percent or 

18 more of the political subdivision’s voting-age 

19 population; or 

20 ‘‘(B) a single language minority group rep21 resents 20 percent or more of the voting-age 

22 population on Indian lands located in whole or 

23 in part in the political subdivision. 

24 ‘‘(3) CHANGES THROUGH REDISTRICTING.— 

25 Any change to the boundaries of election districts in 


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1 a State or political subdivision where any racial 

2 group or language minority group experiences a pop3 ulation increase, over the preceding decade (as cal4 culated by the Bureau of the Census under the most 

5 recent decennial census), of at least— 

6 ‘‘(A) 10,000; or 

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

8 of the State or political subdivision, as the case 

9 may be. 

10 ‘‘(4) CHANGES IN DOCUMENTATION OR QUALI11 FICATIONS TO VOTE.—Any change to requirements 

12 for documentation or proof of identity to vote such 

13 that the requirements will exceed or be more strin14 gent than the requirements for voting that are de15 scribed in section 303(b) of the Help America Vote 

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

17 the requirements for documentation or proof of iden18 tity to register to vote that will exceed or be more 

19 stringent than such requirements under State law on 

20 the day before the date of enactment of the Voting 

21 Rights Advancement Act of 2017. 

22 ‘‘(5) CHANGES TO MULTILINGUAL VOTING MA23 TERIALS.—Any change that reduces multilingual 

24 voting materials or alters the manner in which such 

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1 lar reduction or alteration occurs in materials pro2 vided in English for such election. 

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

4 OR RELOCATE VOTING LOCATIONS.—Any change 

5 that reduces, consolidates, or relocates voting loca6 tions, including early, absentee, and election-day vot7 ing locations— 

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

9 or more language minority groups or racial 

10 groups each represent 20 percent or more of 

11 the voting-age population of the political sub12 division; or 

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

14 percent of the voting-age population belongs to 

15 a single language minority group. 

16 ‘‘(c) PRECLEARANCE.— 

17 ‘‘(1) IN GENERAL.—Whenever a State or polit18 ical subdivision with respect to which the require19 ments set forth in subsection (a) are in effect shall 

20 enact, adopt, or seek to implement any covered prac21 tice described under subsection (b), such State or 

22 subdivision may institute an action in the United 

23 States District Court for the District of Columbia 

24 for a declaratory judgment that such covered prac25 tice neither has the purpose nor will have the effect 


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1 of denying or abridging the right to vote on account 

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

3 group, and unless and until the court enters such 

4 judgment such covered practice shall not be imple5 mented. Notwithstanding the previous sentence, such 

6 covered practice may be implemented without such 

7 proceeding if the covered practice has been sub8 mitted by the chief legal officer or other appropriate 

9 official of such State or subdivision to the Attorney 

10 General and the Attorney General has not inter11 posed an objection within 60 days after such submis12 sion, or upon good cause shown, to facilitate an ex13 pedited approval within 60 days after such submis14 sion, the Attorney General has affirmatively indi15 cated that such objection will not be made. Neither 

16 an affirmative indication by the Attorney General 

17 that no objection will be made, nor the Attorney 

18 General’s failure to object, nor a declaratory judg19 ment entered under this section shall bar a subse20 quent action to enjoin implementation of such cov21 ered practice. In the event the Attorney General af22 firmatively indicates that no objection will be made 

23 within the 60-day period following receipt of a sub24 mission, the Attorney General may reserve the right 

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1 tion comes to the Attorney General’s attention dur2 ing the remainder of the 60-day period which would 

3 otherwise require objection in accordance with this 

4 section. Any action under this section shall be heard 

5 and determined by a court of three judges in accord6 ance with the provisions of section 2284 of title 28, 

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

8 Supreme Court. 

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

10 VOTE.—Any covered practice described in subsection 

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

12 of diminishing the ability of any citizens of the 

13 United States on account of race, color, or member14 ship in a language minority group, to elect their pre15 ferred candidates of choice denies or abridges the 

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

17 this subsection. 

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

19 in paragraphs (1) and (2) of this subsection shall in20 clude any discriminatory purpose. 

21 ‘‘(4) PURPOSE OF PARAGRAPH (2).—The pur22 pose of paragraph (2) of this subsection is to protect 

23 the ability of such citizens to elect their preferred 

24 candidates of choice. 


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

2 aggrieved citizen may file an action in a Federal district 

3 court to compel any State or political subdivision to satisfy 

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

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

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

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

8 qualification or prerequisite to voting, or standard, prac9 tice, or procedure with respect to voting, that is the sub10 ject of the action under this subsection be enjoined unless 

11 the court determines that— 

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

13 voting, or standard, practice, or procedure with re14 spect to voting, is not a covered practice described 

15 in subsection (b); or 

16 ‘‘(2) the State or political subdivision has com17 plied with subsection (c) with respect to the covered 

18 practice at issue. 

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

20 MINORITY GROUPS.—For purposes of this section, the cal21 culation of the population of a racial group or a language 

22 minority group shall be carried out using the methodology 

23 in the guidance promulgated in the Federal Register on 

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


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1 ‘‘(f) SPECIAL RULE.—For purposes of determina2 tions under this section, any data provided by the Bureau 

3 of the Census, whether based on estimation from sample 

4 or actual enumeration, shall not be subject to challenge 

5 or review in any court. 

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

7 section, the term ‘multilingual voting materials’ means 

8 registration or voting notices, forms, instructions, assist9 ance, or other materials or information relating to the 

10 electoral process, including ballots, provided in the lan11 guage or languages of one or more language minority 

12 groups.’’. 

13 SEC. 6. PROMOTING TRANSPARENCY TO ENFORCE THE 

14 VOTING RIGHTS ACT. 

15 (a) TRANSPARENCY.— 

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

17 1965 (52 U.S.C. 10301 et seq.) is amended by in18 serting after section 5 the following new section: 

19 ‘‘SEC. 6. TRANSPARENCY REGARDING CHANGES TO PRO20 TECT VOTING RIGHTS. 

21 ‘‘(a) NOTICE OF ENACTED CHANGES.— 

22 ‘‘(1) NOTICE OF CHANGES.—If a State or polit23 ical subdivision makes any change in any pre24 requisite to voting or standard, practice, or proce25 dure with respect to voting in any election for FedVerDate Sep 11 2014 00:28 Jul 06, 2017 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.IS S1419

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1 eral office that will result in the prerequisite, stand2 ard, practice, or procedure being different from that 

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

4 of the election for Federal office, the State or polit5 ical subdivision shall provide reasonable public notice 

6 in such State or political subdivision and on the 

7 Internet, of a concise description of the change, in8 cluding the difference between the changed pre9 requisite, standard, practice, or procedure and the 

10 prerequisite, standard, practice, or procedure which 

11 was previously in effect. The public notice described 

12 in this paragraph, in such State or political subdivi13 sion and on the Internet, shall be in a format that 

14 is reasonably convenient and accessible to voters 

15 with disabilities, including voters who have low vi16 sion or are blind. 

17 ‘‘(2) DEADLINE FOR NOTICE.—A State or polit18 ical subdivision shall provide the public notice re19 quired under paragraph (1) not later than 48 hours 

20 after making the change involved. 

21 ‘‘(b) TRANSPARENCY REGARDING POLLING PLACE

22 RESOURCES.— 

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

24 changes that may impact the right to vote of any 

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


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1 election for Federal office, each State or political 

2 subdivision with responsibility for allocating reg3 istered voters, voting machines, and official poll 

4 workers to particular precincts and polling places 

5 shall provide reasonable public notice in such State 

6 or political subdivision and on the Internet, of the 

7 information described in paragraph (2) for precincts 

8 and polling places within such State or political sub9 division. The public notice described in this para10 graph, in such State or political subdivision and on 

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

12 convenient and accessible to voters with disabilities 

13 including voters who have low vision or are blind. 

14 ‘‘(2) INFORMATION DESCRIBED.—The informa15 tion described in this paragraph with respect to a 

16 precinct or polling place is each of the following: 

17 ‘‘(A) The name or number. 

18 ‘‘(B) In the case of a polling place, the lo19 cation, including the street address, and wheth20 er such polling place is accessible to persons 

21 with disabilities. 

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

23 served by the precinct or polling place, broken 

24 down by demographic group if such breakdown 


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1 is reasonably available to such State or political 

2 subdivision. 

3 ‘‘(D) The number of registered voters as4 signed to the precinct or polling place, broken 

5 down by demographic group if such breakdown 

6 is reasonably available to such State or political 

7 subdivision. 

8 ‘‘(E) The number of voting machines as9 signed, including the number of voting ma10 chines accessible to voters with disabilities, in11 cluding voters who have low vision or are blind. 

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

13 workers assigned. 

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

15 workers assigned. 

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

17 dates and hours of operation. 

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

19 If a State or political subdivision makes any change 

20 in any of the information described in paragraph 

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

22 reasonable public notice in such State or political 

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

24 information not later than 48 hours after the change 

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


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

2 soon as practicable after the change occurs. The 

3 public notice described in this paragraph in such 

4 State or political subdivision and on the Internet 

5 shall be in a format that is reasonably convenient 

6 and accessible to voters with disabilities including 

7 voters who have low vision or are blind. 

8 ‘‘(c) TRANSPARENCY OF CHANGES RELATING TO DE9 MOGRAPHICS AND ELECTORAL DISTRICTS.— 

10 ‘‘(1) REQUIRING PUBLIC NOTICE OF

11 CHANGES.—Not later than 10 days after making 

12 any change in the constituency that will participate 

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

14 the boundaries of a voting unit or electoral district 

15 in an election for Federal, State, or local office (in16 cluding through redistricting, reapportionment, 

17 changing from at-large elections to district-based 

18 elections, or changing from district-based elections 

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

20 shall provide reasonable public notice in such State 

21 or political subdivision and on the Internet, of the 

22 demographic and electoral data described in para23 graph (3) for each of the geographic areas described 

24 in paragraph (2). 


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1 ‘‘(2) GEOGRAPHIC AREAS DESCRIBED.—The ge2 ographic areas described in this paragraph are as 

3 follows: 

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

5 applies statewide, or the political subdivision as 

6 a whole, if the change applies across the entire 

7 political subdivision. 

8 ‘‘(B) If the change includes a plan to re9 place or eliminate voting units or electoral dis10 tricts, each voting unit or electoral district that 

11 will be replaced or eliminated. 

12 ‘‘(C) If the change includes a plan to es13 tablish new voting units or electoral districts, 

14 each such new voting unit or electoral district. 

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

16 The demographic and electoral data described in this 

17 paragraph with respect to a geographic area de18 scribed in paragraph (2) are each of the following: 

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

20 down by demographic group. 

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

22 State or political subdivision involved, an esti23 mate of the population of the area which con24 sists of citizens of the United States who are 18 


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1 years of age or older, broken down by demo2 graphic group. 

3 ‘‘(C) The number of registered voters, bro4 ken down by demographic group if such break5 down is reasonably available to the State or po6 litical subdivision involved. 

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

8 the actual number of votes, or (if it is not rea9 sonably practicable for the State to ascertain 

10 the actual number of votes) the estimated num11 ber of votes received by each candidate in each 

12 statewide election held during the 5-year period 

13 which ends on the date the change involved is 

14 made; and 

15 ‘‘(ii) if the change applies to only one polit16 ical subdivision, the actual number of votes, or 

17 (if it is not reasonably practicable for the polit18 ical subdivision to ascertain the actual number 

19 of votes) in each subdivision-wide election held 

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

21 the change involved is made. 

22 ‘‘(4) VOLUNTARY COMPLIANCE BY SMALLER JU23 RISDICTIONS.—Compliance with this subsection shall 

24 be voluntary for a political subdivision of a State un25 less the subdivision is one of the following: 


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1 ‘‘(A) A county or parish. 

2 ‘‘(B) A municipality with a population 

3 greater than 10,000, as determined by the Bu4 reau of the Census under the most recent de5 cennial census. 

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

7 greater than 10,000, as determined by the Bu8 reau of the Census under the most recent de9 cennial census. For purposes of this subpara10 graph, the term ‘school district’ means the geo11 graphic area under the jurisdiction of a local 

12 educational agency (as defined in section 8101 

13 of the Elementary and Secondary Education 

14 Act of 1965 (20 U.S.C. 7801)). 

15 ‘‘(d) RULES REGARDING FORMAT OF INFORMA16 TION.—The Attorney General may issue rules specifying 

17 a reasonably convenient and accessible format that States 

18 and political subdivisions shall use to provide public notice 

19 of information under this section. 

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

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

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

23 State or political subdivision if the State or political sub24 division involved did not meet the applicable requirements 

25 of this section with respect to the change. 


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

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

3 group which section 2 protects from the denial or 

4 abridgement of the right to vote on account of race 

5 or color, or in contravention of the guarantees set 

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

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

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

9 solely or in part for the purpose of electing any can10 didate for the office of President, Vice President, 

11 Presidential elector, Senator, Member of the House 

12 of Representatives, or Delegate or Resident Commis13 sioner to the Congress; and 

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

15 individuals with a disability, as defined in section 3 

16 of the Americans with Disabilities Act of 1990 (42 

17 U.S.C. 12102).’’. 

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

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

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

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

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

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

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


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1 SEC. 7. 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 (1); 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; or 

4 ‘‘(4) the Attorney General certifies that the At5 torney General has received from the appropriate of6 ficial of the governing body of a federally recognized 

7 Indian tribe— 

8 ‘‘(A) a written complaint that efforts to 

9 deny or abridge the right to vote under the 

10 color of law on account of race or color, or in 

11 contravention of the guarantees set forth in sec12 tion 4(f)(2) are likely to occur; and 

13 ‘‘(B) a written request for the authoriza14 tion of Federal observers for elections that 

15 occur on Indian lands;’’. 

16 SEC. 8. PRELIMINARY INJUNCTIVE RELIEF. 

17 (a) CLARIFICATION OF SCOPE AND PERSONS AU18 THORIZED TO SEEK RELIEF.—Section 12(d) of the Vot19 ing Rights Act of 1965 (52 U.S.C. 10308(d)) is amend20 ed— 

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

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

23 14th or 15th Amendment, this Act, or any Federal 

24 voting rights law that prohibits discrimination on 


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•S 1419 IS

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

2 minority group’’; and 

3 (2) by striking ‘‘the Attorney General may in4 stitute for the United States, or in the name of the 

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

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

7 General may institute’’. 

8 (b) GROUNDS FOR GRANTING RELIEF.—Section 

9 12(d) of such Act (52 U.S.C. 10308(d)) is amended— 

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

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

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

13 ‘‘(A) to permit’’; 

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

15 ‘‘(B) to count’’; and 

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

17 paragraph: 

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

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

20 court determines that the complainant has raised a serious 

21 question whether the challenged voting qualification or 

22 prerequisite to voting or standard, practice, or procedure 

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

24 hardship imposed upon the defendant by the grant of the 

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1 posed upon the plaintiff if the relief were not granted. In 

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

3 the fundamental right to cast an effective ballot. 

4 ‘‘(B) In making its determination under this para5 graph with respect to a change in any voting qualification, 

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

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

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

9 are present: 

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

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

12 change was adopted as a remedy for a Federal court 

13 judgment, consent decree, or admission regarding— 

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

15 color in violation of the 14th or 15th Amend16 ment; 

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

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

19 race, color, or membership in a language minor20 ity group in violation of any other Federal or 

21 State law. 

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

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

24 change served as a ground for the dismissal or set25 tlement of a claim alleging— 


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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 ‘‘(iii) Whether the change was adopted fewer 

10 than 180 days before the date of the election with 

11 respect to which the change is to take effect. 

12 ‘‘(iv) Whether the defendant has failed to pro13 vide timely or complete notice of the adoption of the 

14 change as required by applicable Federal or State 

15 law.’’. 

16 SEC. 9. 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 LANDS.—The term ‘Indian lands’ 

22 means— 

23 ‘‘(A) any Indian country of the Indian 

24 tribe, as defined in section 1151 of title 18, 

25 United States Code; 


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

2 pursuant to the Alaska Native Claims Settle3 ment Act (43 U.S.C. 1601 et seq.), by an In4 dian tribe that is a Native village (as defined in 

5 section 3 of that Act (43 U.S.C. 1602)) or by 

6 a Village Corporation that is associated with 

7 the Indian tribe (as defined in section 3 of that 

8 Act (43 U.S.C. 1602)); 

9 ‘‘(C) any land on which the seat of govern10 ment of the Indian tribe is located; and 

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

12 designated statistical area associated with the 

13 Indian tribe, or is part or all of an Alaska Na14 tive village statistical area associated with the 

15 tribe, as defined by the Bureau of the Census 

16 for the purposes of the most recent decennial 

17 census. 

18 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ or 

19 ‘tribe’ means any American Indian or Alaska Native 

20 tribe, band, nation, pueblo, village, or community 

21 that the Secretary of the Interior acknowledges to 

22 exist as a federally recognized Indian tribe under the 

23 Federally Recognized Indian Tribe List Act of 1994 

24 (25 U.S.C. 5130 et seq.). 


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1 ‘‘(3) VOTING-AGE POPULATION.—The term 

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

3 the population within a State, within a political sub4 division, or within a political subdivision that con5 tains Indian lands, as the case may be, that consists 

6 of persons age 18 or older, as calculated by the Bu7 reau of the Census under the most recent decennial 

8 census.’’. 

9 SEC. 10. BILINGUAL ELECTION REQUIREMENTS. 

10 Section 203(c) of the Voting Rights Act of 1965 (52 

11 U.S.C. 10503(c)) is amended by striking ‘‘or in the case 

12 of Alaskan natives and American Indians, if the predomi13 nant language is historically unwritten’’ and inserting ‘‘(as 

14 of the date on which the materials or information is pro15 vided)’’. 

16 SEC. 11. OTHER TECHNICAL AND CONFORMING AMEND17 MENTS. 

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

19 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 

20 10302(c)) is amended— 

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

22 the Attorney General or an aggrieved person under 

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

24 under any statute in which a party (including the 

25 Attorney General) seeks to enforce’’; and 


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•S 1419 IS

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

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

3 was commenced’’. 

4 (b) CLARIFICATION OF TREATMENT OF MEMBERS OF

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

6 (52 U.S.C. 10303(f)) is amended— 

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

8 sentence; and 

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

10 (c) PERIOD DURING WHICH CHANGES IN VOTING

11 PRACTICES ARE SUBJECT TO PRECLEARANCE UNDER

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

13 is amended— 

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

15 determinations made under the first sentence of sec16 tion 4(b) are in effect’’ and inserting ‘‘are in effect 

17 during a calendar year’’; 

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

19 1964’’ and all that follows through ‘‘November 1, 

20 1972’’ and inserting ‘‘the applicable date of cov21 erage’’; and 

22 (3) by adding at the end the following new sub23 section: 

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

25 with respect to a State or political subdivision— 


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•S 1419 IS

1 ‘‘(1) June 25, 2013, if the most recent deter2 mination for such State or subdivision under section 

3 4(b) was made on or before December 31, 2015; or 

4 ‘‘(2) the date on which the most recent deter5 mination for such State or subdivision under section 

6 4(b) was made, if such determination was made 

7 after December 31, 2015.’’. 

8 SEC. 12. TRIBAL VOTING CONSULTATION. 

9 The Attorney General shall consult annually with 

10 tribal organizations regarding issues related to voting for 

11 members of an Indian tribe (as defined under section 21 

12 of the Voting Rights Act of 1965, as added by section 

13 9 of this Act). 

Æ 


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