II 

113TH CONGRESS 

2D SESSION S. 1945 

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 

JANUARY 16, 2014 

Mr. LEAHY (for himself, Mr. DURBIN, and Mr. COONS) 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Voting Rights Amend5 ment Act of 2014’’. 


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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 (42 U.S.C. 1973a(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 (other than a violation 

8 of section 2(a) which is based on the imposition of a re9 quirement that an individual provide a photo identification 

10 as a condition of receiving a ballot for voting in an election 

11 for Federal, State, or local office); or violations of any 

12 Federal voting rights law that prohibits discrimination on 

13 the basis of race, color, or membership in a language mi14 nority group,’’. 

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

16 such Act (42 U.S.C. 1973a(a)) is amended by striking 

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

18 inserting ‘‘violations of the 14th or 15th Amendment, vio19 lations of this Act, or violations of any Federal voting 

20 rights law that prohibits discrimination on the basis of 

21 race, color, or membership in a language minority group,’’. 

22 SEC. 3. CRITERIA FOR COVERAGE OF STATES AND POLIT23 ICAL SUBDIVISIONS. 

24 (a) DETERMINATION OF STATES AND POLITICAL

25 SUBDIVISIONS SUBJECT TO SECTION 4(a).— 


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

2 Rights Act of 1965 (42 U.S.C. 1973b(b)) is amend3 ed to read as follows: 

4 ‘‘(b) DETERMINATION OF STATES AND POLITICAL

5 SUBDIVISIONS SUBJECT TO REQUIREMENTS.— 

6 ‘‘(1) EXISTENCE OF VOTING RIGHTS VIOLA7 TIONS DURING PREVIOUS 15 YEARS.— 

8 ‘‘(A) STATEWIDE APPLICATION.—Sub9 section (a) applies with respect to a State and 

10 all political subdivisions within the State during 

11 a calendar year if 5 or more voting rights viola12 tions occurred in the State during the previous 

13 15 calendar years, at least one of which was 

14 committed by the State itself (as opposed to a 

15 political subdivision within the State). 

16 ‘‘(B) APPLICATION TO SPECIFIC POLITICAL

17 SUBDIVISIONS.—Subsection (a) applies with re18 spect to a political subdivision during a cal19 endar year if— 

20 ‘‘(i) 3 or more voting rights violations 

21 occurred in the subdivision during the pre22 vious 15 calendar years; or 

23 ‘‘(ii) 1 or more voting rights violations 

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1 sion had persistent, extremely low minority 

2 turnout during the previous 15 calendar 

3 years. 

4 ‘‘(2) PERIOD OF APPLICATION.— 

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

6 subparagraph (B), if, pursuant to paragraph 

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

8 State or political subdivision during a calendar 

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

10 such State or political subdivision for the pe11 riod— 

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

13 year in which subsection (a) applies pursu14 ant to the applicable provisions of para15 graph (1); and 

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

17 years after January 1 of the year in which 

18 the most recent voting rights violation oc19 curred in the State or political subdivision. 

20 ‘‘(B) NO FURTHER APPLICATION AFTER

21 DECLARATORY JUDGMENT.— 

22 ‘‘(i) STATES.—If a State obtains a de23 claratory judgment under subsection (a), 

24 and the judgment remains in effect, sub25 section (a) shall no longer apply to such 


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

2 after the issuance of the declaratory judg3 ment, paragraph (1)(A) applies to the 

4 State solely on the basis of voting rights 

5 violations occurring after the issuance of 

6 the declaratory judgment. 

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

8 political subdivision obtains a declaratory 

9 judgment under subsection (a), and the 

10 judgment remains in effect, subsection (a) 

11 shall no longer apply to such political sub12 division pursuant to paragraph (1), includ13 ing pursuant to paragraph (1)(A) (relating 

14 to the statewide application of subsection 

15 (a)), unless, after the issuance of the de16 claratory judgment, paragraph (1)(B) ap17 plies to the political subdivision solely on 

18 the basis of voting rights violations (and, 

19 in the case of paragraph (1)(B)(ii), ex20 tremely low minority turnout) occurring 

21 after the issuance of the declaratory judg22 ment. 

23 ‘‘(3) DETERMINATION OF VOTING RIGHTS VIO24 LATION.—For purposes of paragraph (1), a voting 


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1 rights violation occurred in a State or political sub2 division if any of the following applies: 

3 ‘‘(A) In a final judgment (which has not 

4 been reversed on appeal), any court of the 

5 United States has determined that a denial or 

6 abridgement of the right of any citizen of the 

7 United States to vote on account of race, color, 

8 or membership in a language minority group, in 

9 violation of the 14th or 15th Amendment, oc10 curred anywhere within the State or subdivi11 sion. 

12 ‘‘(B) In a final judgment (which has not 

13 been reversed on appeal), any court of the 

14 United States has determined that a voting 

15 qualification or prerequisite to voting or stand16 ard, practice, or procedure with respect to vot17 ing was imposed or applied or would have been 

18 imposed or applied anywhere within the State 

19 or subdivision in a manner that resulted or 

20 would have resulted in a denial or abridgement 

21 of the right of any citizen of the United States 

22 to vote on account of race or color, or in con23 travention of the guarantees set forth in sub24 section (f)(2), in violation of section 2. 


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1 ‘‘(C) In a final judgment (which has not 

2 been reversed on appeal), any court of the 

3 United States has denied the request of the 

4 State or subdivision for a declaratory judgment 

5 under section 3(c) or section 5, and thereby 

6 prevented a voting qualification or prerequisite 

7 to voting or standard, practice, or procedure 

8 with respect to voting from being enforced any9 where within the State or subdivision. 

10 ‘‘(D) The Attorney General has interposed 

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

12 (and the objection has not been overturned by 

13 a final judgment of a court or withdrawn by the 

14 Attorney General), and thereby prevented a vot15 ing qualification or prerequisite to voting or 

16 standard, practice, or procedure with respect to 

17 voting from being enforced anywhere within the 

18 State or subdivision, other than an objection 

19 which is based on a voting qualification or pro20 cedure which consists of the imposition of a re21 quirement that an individual provide a photo 

22 identification as a condition of receiving a ballot 

23 for voting in an election for Federal, State, or 

24 local office. 


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1 ‘‘(4) DETERMINATION OF PERSISTENT, EX2 TREMELY LOW MINORITY TURNOUT.—For purposes 

3 of paragraph (1)(B)(ii), a political subdivision has 

4 persistent, extremely low minority turnout with re5 spect to a calendar year if any of the following ap6 plies: 

7 ‘‘(A) With respect to the general elections 

8 for the office of President which were held in 

9 the political subdivision during the previous 15 

10 calendar years— 

11 ‘‘(i) in the majority of such elections, 

12 the minority turnout rate in the political 

13 subdivision was below— 

14 ‘‘(I) the minority turnout rate for 

15 the entire Nation, 

16 ‘‘(II) the nonminority turnout 

17 rate for the entire Nation, 

18 ‘‘(III) the minority turnout rate 

19 for the State in which the political 

20 subdivision is located, 

21 ‘‘(IV) the nonminority turnout 

22 rate for the State in which the polit23 ical subdivision is located, and 

24 ‘‘(V) the nonminority turnout 

25 rate for the political subdivision; and 


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1 ‘‘(ii) the average minority turnout 

2 rate across all such elections in the polit3 ical subdivision was more than 10 percent4 age points below the average nonminority 

5 turnout rate for the entire Nation. 

6 ‘‘(B) With respect to the general elections 

7 for Federal office which were held in the polit8 ical subdivision during the previous 15 calendar 

9 years— 

10 ‘‘(i) in the majority of such elections, 

11 the minority turnout rate in the political 

12 subdivision was below— 

13 ‘‘(I) the minority turnout rate for 

14 the State in which the political sub15 division is located, 

16 ‘‘(II) the nonminority turnout 

17 rate for the State in which the polit18 ical subdivision is located, and 

19 ‘‘(III) the nonminority turnout 

20 rate for the political subdivision; and 

21 ‘‘(ii) the average minority turnout 

22 rate across all such elections in the polit23 ical subdivision was more than 10 percent24 age points below the average nonminority 


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1 turnout rate for the State in which the po2 litical subdivision is located. 

3 ‘‘(5) TIMING OF DETERMINATIONS.— 

4 ‘‘(A) DETERMINATIONS OF VOTING RIGHTS

5 VIOLATIONS.—As early as practicable during 

6 each calendar year, the Attorney General shall 

7 make the determinations required by this sub8 section (other than the determinations de9 scribed in subparagraph (B)), including updat10 ing the list of voting rights violations attrib11 utable to each State and political subdivision 

12 for the previous calendar year. 

13 ‘‘(B) DETERMINATIONS OF TURNOUT

14 RATES.—As early as practicable during each 

15 odd-numbered calendar year, the Attorney Gen16 eral, in consultation with the heads of the rel17 evant offices of the government, shall make the 

18 determinations of turnout rates required by this 

19 subsection, including the minority and non20 minority turnout rates for the general elections 

21 for Federal office held in the previous year in 

22 each State and political subdivision (expressed 

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1 mined using scientifically accepted statistical 

2 methodologies). 

3 ‘‘(C) EFFECTIVE UPON PUBLICATION IN

4 FEDERAL REGISTER.—A determination or cer5 tification of the Attorney General under this 

6 section or under section 8 or 13 shall be effec7 tive upon publication in the Federal Register. 

8 ‘‘(6) OTHER DEFINITIONS.—In this subsection, 

9 the following definitions apply: 

10 ‘‘(A) The term ‘general election for Fed11 eral office’ means a general election held solely 

12 or in part for the purpose of electing any can13 didate for the office of President, Vice Presi14 dent, Presidential elector, Senator, Member of 

15 the House of Representatives, or Delegate or 

16 Resident Commissioner to the Congress. 

17 ‘‘(B) The term ‘minority’ means persons 

18 who identify themselves as being— 

19 ‘‘(i) of Hispanic or Latino origin; 

20 ‘‘(ii) of a race other than white; or 

21 ‘‘(iii) of 2 or more races. 

22 ‘‘(C) The term ‘nonminority’ means per23 sons who identify themselves as being— 

24 ‘‘(i) not of Hispanic or Latino origin; 

25 ‘‘(ii) white; and 


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1 ‘‘(iii) not of any other race. 

2 ‘‘(D) The term ‘turnout rate’ means, with 

3 respect to a demographic group and an election, 

4 the amount (expressed as a percentage) equal 

5 to the quotient of— 

6 ‘‘(i) the number of individuals in that 

7 group who are citizens of the United 

8 States, who are 18 years of age or older on 

9 the date of the election, and who cast bal10 lots in the election; divided by 

11 ‘‘(ii) the total number of individuals in 

12 that group who are citizens of the United 

13 States and who are 18 years of age or 

14 older on the date of the election.’’. 

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

16 of such Act (42 U.S.C. 1973b(a)) is amended— 

17 (A) in paragraph (1) in the first sentence 

18 of the matter preceding subparagraph (A), by 

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

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

21 ‘‘any State to which this subsection applies dur22 ing a calendar year pursuant to determinations 

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

24 subdivision of such State (as such subdivision 

25 existed on the date such determinations were 


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1 made with respect to such State), though such 

2 determinations were not made with respect to 

3 such subdivision as a separate unit, or in any 

4 political subdivision with respect to which this 

5 subsection applies during a calendar year pur6 suant to determinations made with respect to 

7 such subdivision as a separate unit under sub8 section (b), unless’’; 

9 (B) in paragraph (1) in the matter pre10 ceding subparagraph (A), by striking the second 

11 sentence; 

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

13 the case of a State or subdivision seeking a de14 claratory judgment under the second sentence 

15 of this subsection)’’; 

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

17 the case of a State or subdivision seeking a de18 claratory judgment under the second sentence 

19 of this subsection)’’; 

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

21 case of a State or subdivision seeking a declara22 tory judgment under the second sentence of this 

23 subsection)’’; 

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

25 case of a State or subdivision which sought a 


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1 declaratory judgment under the second sentence 

2 of this subsection)’’; and 

3 (G) by striking paragraphs (7) and (8). 

4 (b) CLARIFICATION OF TREATMENT OF MEMBERS OF

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

6 Act (42 U.S.C. 1973b(a)(1)) is amended by striking ‘‘race 

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

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

9 (c) REPEAL OF RETENTION OF JURISDICTION OF 3- 

10 JUDGE COURT.—Section 4(a)(5) of such Act (42 U.S.C. 

11 1973b(a)(5)) is amended by striking the second and third 

12 sentences. 

13 SEC. 4. PROMOTING TRANSPARENCY TO ENFORCE THE 

14 VOTING RIGHTS ACT. 

15 (a) TRANSPARENCY.— 

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

17 1965 (42 U.S.C. 1973 et seq.) is amended by insert18 ing after section 5 the following new section: 

19 ‘‘TRANSPARENCY REGARDING CHANGES TO PROTECT

20 VOTING RIGHTS

21 ‘‘SEC. 6. (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 affecting voting in any election for Federal of26 fice that will result in the prerequisite, standard, 


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1 practice, or procedure being different from that 

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

3 of the election, the State or political subdivision shall 

4 provide reasonable public notice in such State or po5 litical subdivision and on the Internet, in a reason6 ably convenient and accessible format, of a concise 

7 description of the change, including the difference 

8 between the changed prerequisite, standard, practice, 

9 or procedure and the prerequisite, standard, prac10 tice, or procedure which was previously in effect. 

11 ‘‘(2) DEADLINE FOR NOTICE.—A State or polit12 ical subdivision shall provide the public notice re13 quired under paragraph (1) not later than 48 hours 

14 after making the change involved. 

15 ‘‘(b) TRANSPARENCY REGARDING POLLING PLACE

16 RESOURCES.— 

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

18 changes that may impact the right to vote of any 

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

20 election for Federal office, each State or political 

21 subdivision with responsibility for allocating reg22 istered voters, voting machines, and official poll 

23 workers to particular precincts and polling places 

24 shall provide reasonable public notice in such State 

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1 sonably convenient and accessible format, of the in2 formation described in paragraph (2) for precincts 

3 and polling places within such State or political sub4 division. 

5 ‘‘(2) INFORMATION DESCRIBED.—The informa6 tion described in this paragraph with respect to a 

7 precinct or polling place is as follows: 

8 ‘‘(A) The name or number. 

9 ‘‘(B) In the case of a polling place, the lo10 cation, including the street address. 

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

12 served by the precinct or polling place, broken 

13 down by demographic group if such breakdown 

14 is reasonably available to such State or political 

15 subdivision. 

16 ‘‘(D) The number of registered voters as17 signed to the precinct or polling place, broken 

18 down by demographic group if such breakdown 

19 is reasonably available to such State or political 

20 subdivision. 

21 ‘‘(E) The number of voting machines as22 signed. 

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

24 workers assigned. 


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

2 workers assigned. 

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

4 dates and hours of operation. 

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

6 If a State or political subdivision makes any change 

7 in any of the information described in paragraph 

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

9 reasonable public notice in such State or political 

10 subdivision and on the Internet, in a reasonably con11 venient and accessible format, of the change in the 

12 information not later than 48 hours after the change 

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

14 before the date of the election, as soon as practicable 

15 after the change occurs. 

16 ‘‘(c) TRANSPARENCY OF CHANGES RELATING TO DE17 MOGRAPHICS AND ELECTORAL DISTRICTS.— 

18 ‘‘(1) REQUIRING PUBLIC NOTICE OF

19 CHANGES.—Not later than 10 days after making 

20 any change in the constituency that will participate 

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

22 the boundaries of a voting unit or electoral district 

23 in an election for Federal, State, or local office (in24 cluding through redistricting, reapportionment, 

25 changing from at-large elections to district-based 


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1 elections, or changing from district-based elections 

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

3 shall provide reasonable public notice in such State 

4 or political subdivision and on the Internet, in a rea5 sonably convenient and accessible format, of the de6 mographic and electoral data described in paragraph 

7 (3) for each of the geographic areas described in 

8 paragraph (2). 

9 ‘‘(2) GEOGRAPHIC AREAS DESCRIBED.—The ge10 ographic areas described in this paragraph are as 

11 follows: 

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

13 applies statewide, or the political subdivision as 

14 a whole, if the change applies across the entire 

15 political subdivision. 

16 ‘‘(B) If the change includes a plan to re17 place or eliminate voting units or electoral dis18 tricts, each voting unit or electoral district that 

19 will be replaced or eliminated. 

20 ‘‘(C) If the change includes a plan to es21 tablish new voting units or electoral districts, 

22 each such new voting unit or electoral district. 

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

24 The demographic and electoral data described in this 


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1 paragraph with respect to a geographic area de2 scribed in paragraph (2) are as follows: 

3 ‘‘(A) The voting age population, broken 

4 down by demographic group. 

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

6 State or political subdivision involved, an esti7 mate of the population of the area which con8 sists of citizens of the United States who are 18 

9 years of age or older, broken down by demo10 graphic group. 

11 ‘‘(C) The number of registered voters, bro12 ken down by demographic group if such break13 down is reasonably available to the State or po14 litical subdivision involved. 

15 ‘‘(D) The actual number of votes, or (if it 

16 is not reasonably practicable for the State or 

17 political subdivision to ascertain the actual 

18 number of votes) the estimated number of votes 

19 received by each candidate in each statewide 

20 election and (if the change applies to only one 

21 political subdivision) in each subdivision-wide 

22 election held during the 5-year period which 

23 ends on the date the change involved is made. 

24 ‘‘(4) VOLUNTARY COMPLIANCE BY SMALLER JU25 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 under the 

6 most recent decennial census. 

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

8 greater than 10,000, as determined under the 

9 most recent decennial census. For purposes of 

10 this paragraph, the term ‘school district’ means 

11 the geographic area under the jurisdiction of a 

12 local educational agency (as defined in section 

13 9101 of the Elementary and Secondary Edu14 cation Act of 1965). 

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); and 

7 ‘‘(2) the term ‘election’ means, with respect to 

8 Federal office, any general, special, primary, or run9 off election held solely or in part for the purpose of 

10 electing any candidate for the office of President, 

11 Vice President, Presidential elector, Senator, Mem12 ber of the House of Representatives, or Delegate or 

13 Resident Commissioner to the Congress.’’. 

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

15 of such Act (42 U.S.C. 1973a(a)) is amended by 

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

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

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

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

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

21 SEC. 5. AUTHORITY TO ASSIGN OBSERVERS. 

22 (a) CLARIFICATION OF AUTHORITY IN POLITICAL

23 SUBDIVISIONS SUBJECT TO PRECLEARANCE.—Section 

24 8(a)(2)(B) of the Voting Rights Act of 1965 (42 U.S.C. 

25 1973f(a)(2)(B)) is amended to read as follows: 


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

2 the assignment of observers is otherwise nec3 essary to enforce the guarantees of the 14th or 

4 15th amendment or any provision of this Act or 

5 any other law of the United States protecting 

6 the right of citizens of the United States to 

7 vote;’’. 

8 (b) ASSIGNMENT OF OBSERVERS TO ENFORCE BI9 LINGUAL ELECTION REQUIREMENTS.—Section 8(a) of 

10 such Act (42 U.S.C. 1973f(a)) is amended— 

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

12 (1); 

13 (2) by adding ‘‘or’’ at the end of paragraph (2); 

14 and 

15 (3) by inserting after paragraph (2) the fol16 lowing new paragraph: 

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

18 to a political subdivision that— 

19 ‘‘(A) the Attorney General has received 

20 written meritorious complaints from residents, 

21 elected officials, or civic participation organiza22 tions that efforts to violate section 203 are like23 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. 6. 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 (42 U.S.C. 1973j(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 (42 U.S.C. 1973j(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 relief described in this sub6 section, the court shall grant the relief if the court deter7 mines that, on balance, the hardship imposed upon the 

8 defendant by the issuance of the relief will be less than 

9 the hardship which would be imposed upon the plaintiff 

10 if the relief were not granted. 

11 ‘‘(B) In making its determination under this para12 graph with respect to a change in any voting qualification, 

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

14 affecting voting, the court shall consider the following fac15 tors (to the extent applicable to the action): 

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

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

18 change was adopted as a remedy for a Federal court 

19 judgment, consent decree, or admission regarding— 

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

21 color in violation of the 14th or 15th Amend22 ment; 

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

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

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1 ity group in violation of any other Federal or 

2 State law. 

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

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

5 change served as a ground for the dismissal or set6 tlement of a claim alleging— 

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

8 color in violation of the 14th or 15th Amend9 ment; 

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

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

12 race, color, or membership in a language minor13 ity group in violation of any other Federal or 

14 State law. 

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

16 than 180 days before the date of the election with 

17 respect to which it is to take effect. 

18 ‘‘(iv) Whether the defendant has failed to pro19 vide timely or complete notice of the adoption of the 

20 change as required by applicable Federal or State 

21 law.’’. 


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1 SEC. 7. OTHER TECHNICAL AND CONFORMING AMEND2 MENTS. 

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

4 3(c) of the Voting Rights Act of 1965 (42 U.S.C. 

5 1973a(c)) is amended— 

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

7 the Attorney General or an aggrieved person under 

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

9 under any statute in which a party (including the 

10 Attorney General) seeks to enforce’’; and 

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

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

13 was commenced’’. 

14 (b) CLARIFICATION OF TREATMENT OF MEMBERS OF

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

16 (42 U.S.C. 1973b(f)) is amended— 

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

18 sentence; and 

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

20 (c) PERIOD DURING WHICH CHANGES IN VOTING

21 PRACTICES ARE SUBJECT TO PRECLEARANCE UNDER

22 SECTION 5.—Section 5 of such Act (42 U.S.C. 1973c) is 

23 amended— 

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

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1 tion 4(b) are in effect’’ and inserting ‘‘are in effect 

2 during a calendar year’’; 

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

4 1964’’ and all that follows through ‘‘November 1, 

5 1972’’ and inserting ‘‘the applicable date of cov6 erage’’; and 

7 (3) by adding at the end the following new sub8 section: 

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

10 with respect to a State or political subdivision— 

11 ‘‘(1) June 25, 2013, if the most recent deter12 mination for such State or subdivision under section 

13 4(b) was made on or before December 31, 2015; or 

14 ‘‘(2) the date on which the most recent deter15 mination for such State or subdivision under section 

16 4(b) was made, if such determination was made 

17 after December 31, 2015.’’. 

Æ 


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