I 
115TH CONGRESS 
1ST SESSION H. R. 3239 
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 
JULY 13, 2017 
Mr. SENSENBRENNER (for himself, Mr. GALLEGO, Ms. JUDY CHU of Cali-
fornia, Ms. MOORE, Mrs. DINGELL, Mr. SHERMAN, Miss RICE of New 
York, Ms. KAPTUR, Mrs. WATSON COLEMAN, Mrs. DAVIS of California, 
Mr. LIPINSKI, Mr. HULTGREN, Mr. DEFAZIO, Mr. KIND, Ms. KELLY of 
Illinois, Mr. MESSER, Mr. PALLONE, Mr. MCGOVERN, Mr. HASTINGS, 
Mr. HECK, Mr. LOBIONDO, Mr. CONYERS, Mr. LEWIS of Georgia, Mr. 
CUMMINGS, Ms. BROWNLEY of California, Mr. KILDEE, Mr. FOSTER, Mr. 
VEASEY, Ms. NORTON, Mr. SEAN PATRICK MALONEY of New York, Ms. 
SINEMA, Mr. COHEN, Mr. SCOTT of Virginia, Mrs. BEATTY, Mr. 
GARAMENDI, 
Mr. 
CONNOLLY, 
Mr. 
PAYNE, 
Mr. 
COOPER, 
Mr. 
FITZPATRICK, Ms. DEGETTE, Mr. DELANEY, Mr. CURBELO of Florida, 
Mr. RUSH, Mr. RUPPERSBERGER, Mr. CICILLINE, Mr. COLE, Mr. NAD-
LER, Ms. JACKSON LEE, Mr. JOHNSON of Georgia, Mr. PETERS, Mr. 
CARTWRIGHT, Mr. MEEKS, Ms. SLAUGHTER, Ms. ESTY of Connecticut, 
Mrs. CAROLYN B. MALONEY of New York, Ms. CLARK of Massachusetts, 
Mr. HUFFMAN, Mr. CLYBURN, Ms. PINGREE, Mr. DAVID SCOTT of Geor-
gia, Mr. SCHIFF, Mr. COSTELLO of Pennsylvania, Mr. LANGEVIN, Mr. 
HIGGINS of New York, Ms. BONAMICI, and Ms. KUSTER of New Hamp-
shire) 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 sub-
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divisions are subject to section 4 of the Act, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Voting Rights Amend-
ment Act of 2017’’. 
SEC. 2. VIOLATIONS TRIGGERING AUTHORITY OF COURT 
TO RETAIN JURISDICTION. 
(a) TYPES OF VIOLATIONS.—Section 3(c) of the Vot-
ing Rights Act of 1965 (52 U.S.C. 10302(c)) is amended 
by striking ‘‘violations of the fourteenth or fifteenth 
amendment’’ and inserting ‘‘violations of the 14th or 15th 
Amendment; violations of this Act (other than a violation 
of section 2(a) which is based on the imposition of a re-
quirement that an individual provide a photo identification 
as a condition of receiving a ballot for voting in an election 
for Federal, State, or local office); or violations of any 
Federal voting rights law that prohibits discrimination on 
the basis of race, color, or membership in a language mi-
nority group,’’. 
(b) CONFORMING AMENDMENT.—Section 3(a) of 
such Act (52 U.S.C. 10302(a)) is amended by striking 
‘‘violations of the fourteenth or fifteenth amendment’’ and 
inserting ‘‘violations of the 14th or 15th Amendment, vio-
lations of this Act, or violations of any Federal voting 
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rights law that prohibits discrimination on the basis of 
race, color, or membership in a language minority group,’’. 
SEC. 3. CRITERIA FOR COVERAGE OF STATES AND POLIT-
ICAL SUBDIVISIONS. 
(a) DETERMINATION
OF STATES
AND POLITICAL 
SUBDIVISIONS SUBJECT TO SECTION 4(a).— 
(1) IN GENERAL.—Section 4(b) of the Voting 
Rights Act of 1965 (52 U.S.C. 10303(b)) is amend-
ed to read as follows: 
‘‘(b) DETERMINATION OF STATES AND POLITICAL 
SUBDIVISIONS SUBJECT TO REQUIREMENTS.— 
‘‘(1) EXISTENCE
OF
VOTING
RIGHTS
VIOLA-
TIONS DURING PREVIOUS 15 YEARS.— 
‘‘(A) 
STATEWIDE
APPLICATION.—Sub-
section (a) applies with respect to a State and 
all political subdivisions within the State during 
a calendar year if 5 or more voting rights viola-
tions occurred in the State during the previous 
15 calendar years, at least one of which was 
committed by the State itself (as opposed to a 
political subdivision within the State). 
‘‘(B) APPLICATION TO SPECIFIC POLITICAL 
SUBDIVISIONS.—Subsection (a) applies with re-
spect to a political subdivision during a cal-
endar year if— 
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‘‘(i) 3 or more voting rights violations 
occurred in the subdivision during the pre-
vious 15 calendar years; or 
‘‘(ii) 1 or more voting rights violations 
occurred in the subdivision during the pre-
vious 15 calendar years and the subdivi-
sion had persistent, extremely low minority 
turnout during the previous 15 calendar 
years. 
‘‘(2) PERIOD OF APPLICATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), if, pursuant to paragraph 
(1), subsection (a) applies with respect to a 
State or political subdivision during a calendar 
year, subsection (a) shall apply with respect to 
such State or political subdivision for the pe-
riod— 
‘‘(i) that begins on January 1 of the 
year in which subsection (a) applies pursu-
ant to the applicable provisions of para-
graph (1); and 
‘‘(ii) that ends on the date which is 10 
years after January 1 of the year in which 
the most recent voting rights violation oc-
curred in the State or political subdivision. 
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‘‘(B) NO
FURTHER
APPLICATION
AFTER 
DECLARATORY JUDGMENT.— 
‘‘(i) STATES.—If a State obtains a de-
claratory judgment under subsection (a), 
and the judgment remains in effect, sub-
section (a) shall no longer apply to such 
State pursuant to paragraph (1)(A) unless, 
after the issuance of the declaratory judg-
ment, paragraph (1)(A) applies to the 
State solely on the basis of voting rights 
violations occurring after the issuance of 
the declaratory judgment. 
‘‘(ii) POLITICAL SUBDIVISIONS.—If a 
political subdivision obtains a declaratory 
judgment under subsection (a), and the 
judgment remains in effect, subsection (a) 
shall no longer apply to such political sub-
division pursuant to paragraph (1), includ-
ing pursuant to paragraph (1)(A) (relating 
to the statewide application of subsection 
(a)), unless, after the issuance of the de-
claratory judgment, paragraph (1)(B) ap-
plies to the political subdivision solely on 
the basis of voting rights violations (and, 
in the case of paragraph (1)(B)(ii), ex-
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tremely low minority turnout) occurring 
after the issuance of the declaratory judg-
ment. 
‘‘(3) DETERMINATION OF VOTING RIGHTS VIO-
LATION.—For purposes of paragraph (1), a voting 
rights violation occurred in a State or political sub-
division if any of the following applies: 
‘‘(A) In a final judgment (which has not 
been reversed on appeal), any court of the 
United States has determined that a denial or 
abridgement of the right of any citizen of the 
United States to vote on account of race, color, 
or membership in a language minority group, in 
violation of the 14th or 15th Amendment, oc-
curred anywhere within the State or subdivi-
sion. 
‘‘(B) In a final judgment (which has not 
been reversed on appeal), any court of the 
United States has determined that a voting 
qualification or prerequisite to voting or stand-
ard, practice, or procedure with respect to vot-
ing was imposed or applied or would have been 
imposed or applied anywhere within the State 
or subdivision in a manner that resulted or 
would have resulted in a denial or abridgement 
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of the right of any citizen of the United States 
to vote on account of race or color, or in con-
travention of the guarantees set forth in sub-
section (f)(2), in violation of section 2. 
‘‘(C) In a final judgment (which has not 
been reversed on appeal), any court of the 
United States has denied the request of the 
State or subdivision for a declaratory judgment 
under section 3(c) or section 5, and thereby 
prevented a voting qualification or prerequisite 
to voting or standard, practice, or procedure 
with respect to voting from being enforced any-
where within the State or subdivision. 
‘‘(D) The Attorney General has interposed 
an objection under section 3(c) or section 5 
(and the objection has not been overturned by 
a final judgment of a court or withdrawn by the 
Attorney General), and thereby prevented a vot-
ing qualification or prerequisite to voting or 
standard, practice, or procedure with respect to 
voting from being enforced anywhere within the 
State or subdivision, other than an objection 
which is based on a voting qualification or pro-
cedure which consists of the imposition of a re-
quirement that an individual provide a photo 
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identification as a condition of receiving a ballot 
for voting in an election for Federal, State, or 
local office. 
‘‘(4) DETERMINATION
OF
PERSISTENT, EX-
TREMELY LOW MINORITY TURNOUT.—For purposes 
of paragraph (1)(B)(ii), a political subdivision has 
persistent, extremely low minority turnout with re-
spect to a calendar year if any of the following ap-
plies: 
‘‘(A) With respect to the general elections 
for the office of President which were held in 
the political subdivision during the previous 15 
calendar years— 
‘‘(i) in the majority of such elections, 
the minority turnout rate in the political 
subdivision was below— 
‘‘(I) the minority turnout rate for 
the entire Nation, 
‘‘(II) the nonminority turnout 
rate for the entire Nation, 
‘‘(III) the minority turnout rate 
for the State in which the political 
subdivision is located, 
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‘‘(IV) the nonminority turnout 
rate for the State in which the polit-
ical subdivision is located, and 
‘‘(V) the nonminority turnout 
rate for the political subdivision; and 
‘‘(ii) the average minority turnout 
rate across all such elections in the polit-
ical subdivision was more than 10 percent-
age points below the average nonminority 
turnout rate for the entire Nation. 
‘‘(B) With respect to the general elections 
for Federal office which were held in the polit-
ical subdivision during the previous 15 calendar 
years— 
‘‘(i) in the majority of such elections, 
the minority turnout rate in the political 
subdivision was below— 
‘‘(I) the minority turnout rate for 
the State in which the political sub-
division is located, 
‘‘(II) the nonminority turnout 
rate for the State in which the polit-
ical subdivision is located, and 
‘‘(III) the nonminority turnout 
rate for the political subdivision; and 
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‘‘(ii) the average minority turnout 
rate across all such elections in the polit-
ical subdivision was more than 10 percent-
age points below the average nonminority 
turnout rate for the State in which the po-
litical subdivision is located. 
‘‘(5) TIMING OF DETERMINATIONS.— 
‘‘(A) DETERMINATIONS OF VOTING RIGHTS 
VIOLATIONS.—As early as practicable during 
each calendar year, the Attorney General shall 
make the determinations required by this sub-
section (other than the determinations de-
scribed in subparagraph (B)), including updat-
ing the list of voting rights violations attrib-
utable to each State and political subdivision 
for the previous calendar year. 
‘‘(B) 
DETERMINATIONS
OF
TURNOUT 
RATES.—As early as practicable during each 
odd-numbered calendar year, the Attorney Gen-
eral, in consultation with the heads of the rel-
evant offices of the government, shall make the 
determinations of turnout rates required by this 
subsection, including the minority and non-
minority turnout rates for the general elections 
for Federal office held in the previous year in 
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each State and political subdivision (expressed 
as percentages of the citizen voting-age popu-
lation of the State and subdivision and deter-
mined using scientifically accepted statistical 
methodologies). 
‘‘(C) EFFECTIVE
UPON
PUBLICATION
IN 
FEDERAL REGISTER.—A determination or cer-
tification of the Attorney General under this 
section or under section 8 or 13 shall be effec-
tive upon publication in the Federal Register. 
‘‘(6) OTHER DEFINITIONS.—In this subsection, 
the following definitions apply: 
‘‘(A) The term ‘general election for Fed-
eral office’ means a general election held solely 
or in part for the purpose of electing any can-
didate for the office of President, Vice Presi-
dent, Presidential elector, Senator, Member of 
the House of Representatives, or Delegate or 
Resident Commissioner to the Congress. 
‘‘(B) The term ‘minority’ means persons 
who identify themselves as being— 
‘‘(i) of Hispanic or Latino origin; 
‘‘(ii) of a race other than White; or 
‘‘(iii) of 2 or more races. 
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‘‘(C) The term ‘‘nonminority’’ means per-
sons who identify themselves as being— 
‘‘(i) not of Hispanic or Latino origin; 
‘‘(ii) White; and 
‘‘(iii) not of any other race. 
‘‘(D) The term ‘turnout rate’ means, with 
respect to a demographic group and an election, 
the amount (expressed as a percentage) equal 
to the quotient of— 
‘‘(i) the number of individuals in that 
group who are citizens of the United 
States, who are 18 years of age or older on 
the date of the election, and who cast bal-
lots in the election; divided by 
‘‘(ii) the total number of individuals in 
that group who are citizens of the United 
States and who are 18 years of age or 
older on the date of the election.’’. 
(2) CONFORMING AMENDMENTS.—Section 4(a) 
of such Act (52 U.S.C. 10303(a)) is amended— 
(A) in paragraph (1) in the first sentence 
of the matter preceding subparagraph (A), by 
striking ‘‘any State with respect to which’’ and 
all that follows through ‘‘unless’’ and inserting 
‘‘any State to which this subsection applies dur-
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ing a calendar year pursuant to determinations 
made under subsection (b), or in any political 
subdivision of such State (as such subdivision 
existed on the date such determinations were 
made with respect to such State), though such 
determinations were not made with respect to 
such subdivision as a separate unit, or in any 
political subdivision with respect to which this 
subsection applies during a calendar year pur-
suant to determinations made with respect to 
such subdivision as a separate unit under sub-
section (b), unless’’; 
(B) in paragraph (1) in the matter pre-
ceding subparagraph (A), by striking the second 
sentence; 
(C) in paragraph (1)(A), by striking ‘‘(in 
the case of a State or subdivision seeking a de-
claratory judgment under the second sentence 
of this subsection)’’; 
(D) in paragraph (1)(B), by striking ‘‘(in 
the case of a State or subdivision seeking a de-
claratory judgment under the second sentence 
of this subsection)’’; 
(E) in paragraph (3), by striking ‘‘(in the 
case of a State or subdivision seeking a declara-
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tory judgment under the second sentence of this 
subsection)’’; 
(F) in paragraph (5), by striking ‘‘(in the 
case of a State or subdivision which sought a 
declaratory judgment under the second sentence 
of this subsection)’’; and 
(G) by striking paragraphs (7) and (8). 
(b) CLARIFICATION OF TREATMENT OF MEMBERS OF 
LANGUAGE MINORITY GROUPS.—Section 4(a)(1) of such 
Act (52 U.S.C. 10303(a)(1)) is amended by striking ‘‘race 
or color,’’ and inserting ‘‘race or color or in contravention 
of the guarantees of subsection (f)(2),’’. 
(c) REPEAL OF RETENTION OF JURISDICTION OF 3- 
JUDGE COURT.—Section 4(a)(5) of such Act (52 U.S.C. 
10303(a)(5)) is amended by striking the second and third 
sentences. 
SEC. 4. PROMOTING TRANSPARENCY TO ENFORCE THE 
VOTING RIGHTS ACT. 
(a) TRANSPARENCY.— 
(1) IN GENERAL.—The Voting Rights Act of 
1965 (52 U.S.C. 10301 et seq.) is amended by in-
serting after section 5 the following new section: 
‘‘TRANSPARENCY REGARDING CHANGES TO PROTECT 
VOTING RIGHTS 
‘‘SEC. 6. (a) NOTICE OF ENACTED CHANGES.— 
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‘‘(1) NOTICE OF CHANGES.—If a State or polit-
ical subdivision makes any change in any pre-
requisite to voting or standard, practice, or proce-
dure affecting voting in any election for Federal of-
fice that will result in the prerequisite, standard, 
practice, or procedure being different from that 
which was in effect as of 180 days before the date 
of the election, the State or political subdivision shall 
provide reasonable public notice in such State or po-
litical subdivision and on the Internet, in a reason-
ably convenient and accessible format, of a concise 
description of the change, including the difference 
between the changed prerequisite, standard, practice, 
or procedure and the prerequisite, standard, prac-
tice, or procedure which was previously in effect. 
‘‘(2) DEADLINE FOR NOTICE.—A State or polit-
ical subdivision shall provide the public notice re-
quired under paragraph (1) not later than 48 hours 
after making the change involved. 
‘‘(b) TRANSPARENCY REGARDING POLLING PLACE 
RESOURCES.— 
‘‘(1) IN GENERAL.—In order to identify any 
changes that may impact the right to vote of any 
person, prior to the 30th day before the date of an 
election for Federal office, each State or political 
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subdivision with responsibility for allocating reg-
istered voters, voting machines, and official poll 
workers to particular precincts and polling places 
shall provide reasonable public notice in such State 
or political subdivision and on the Internet, in a rea-
sonably convenient and accessible format, of the in-
formation described in paragraph (2) for precincts 
and polling places within such State or political sub-
division. 
‘‘(2) INFORMATION DESCRIBED.—The informa-
tion described in this paragraph with respect to a 
precinct or polling place is as follows: 
‘‘(A) The name or number. 
‘‘(B) In the case of a polling place, the lo-
cation, including the street address. 
‘‘(C) The voting-age population of the area 
served by the precinct or polling place, broken 
down by demographic group if such breakdown 
is reasonably available to such State or political 
subdivision. 
‘‘(D) The number of registered voters as-
signed to the precinct or polling place, broken 
down by demographic group if such breakdown 
is reasonably available to such State or political 
subdivision. 
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‘‘(E) The number of voting machines as-
signed. 
‘‘(F) The number of official paid poll 
workers assigned. 
‘‘(G) The number of official volunteer poll 
workers assigned. 
‘‘(H) In the case of a polling place, the 
dates and hours of operation. 
‘‘(3) UPDATES IN INFORMATION REPORTED.— 
If a State or political subdivision makes any change 
in any of the information described in paragraph 
(2), the State or political subdivision shall provide 
reasonable public notice in such State or political 
subdivision and on the Internet, in a reasonably con-
venient and accessible format, of the change in the 
information not later than 48 hours after the change 
occurs or, if the change occurs fewer than 48 hours 
before the date of the election, as soon as practicable 
after the change occurs. 
‘‘(c) TRANSPARENCY OF CHANGES RELATING TO DE-
MOGRAPHICS AND ELECTORAL DISTRICTS.— 
‘‘(1) 
REQUIRING
PUBLIC
NOTICE
OF 
CHANGES.—Not later than 10 days after making 
any change in the constituency that will participate 
in an election for Federal, State, or local office or 
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the boundaries of a voting unit or electoral district 
in an election for Federal, State, or local office (in-
cluding 
through 
redistricting, 
reapportionment, 
changing from at-large elections to district-based 
elections, or changing from district-based elections 
to at-large elections), a State or political subdivision 
shall provide reasonable public notice in such State 
or political subdivision and on the Internet, in a rea-
sonably convenient and accessible format, of the de-
mographic and electoral data described in paragraph 
(3) for each of the geographic areas described in 
paragraph (2). 
‘‘(2) GEOGRAPHIC AREAS DESCRIBED.—The ge-
ographic areas described in this paragraph are as 
follows: 
‘‘(A) The State as a whole, if the change 
applies statewide, or the political subdivision as 
a whole, if the change applies across the entire 
political subdivision. 
‘‘(B) If the change includes a plan to re-
place or eliminate voting units or electoral dis-
tricts, each voting unit or electoral district that 
will be replaced or eliminated. 
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‘‘(C) If the change includes a plan to es-
tablish new voting units or electoral districts, 
each such new voting unit or electoral district. 
‘‘(3) DEMOGRAPHIC AND ELECTORAL DATA.— 
The demographic and electoral data described in this 
paragraph with respect to a geographic area de-
scribed in paragraph (2) are as follows: 
‘‘(A) The voting age population, broken 
down by demographic group. 
‘‘(B) If it is reasonably available to the 
State or political subdivision involved, an esti-
mate of the population of the area which con-
sists of citizens of the United States who are 18 
years of age or older, broken down by demo-
graphic group. 
‘‘(C) The number of registered voters, bro-
ken down by demographic group if such break-
down is reasonably available to the State or po-
litical subdivision involved. 
‘‘(D) The actual number of votes, or (if it 
is not reasonably practicable for the State or 
political subdivision to ascertain the actual 
number of votes) the estimated number of votes 
received by each candidate in each statewide 
election and (if the change applies to only one 
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