I 
117TH CONGRESS 
1ST SESSION 
H. R. 4 
To amend the Voting Rights Act of 1965 to revise the criteria for determining 
which States and political subdivisions are subject to section 4 of the 
Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 17, 2021 
Ms. SEWELL (for herself, Ms. PELOSI, Mr. HOYER, Mr. CLYBURN, Mr. NAD-
LER, Mr. COHEN, Ms. LOFGREN, Mr. BUTTERFIELD, Mrs. BEATTY, Mr. 
RUIZ, Ms. CHU, Ms. JACKSON LEE, Mr. JOHNSON of Georgia, Mr. 
DEUTCH, Ms. BASS, Mr. JEFFRIES, Mr. CICILLINE, Mr. SWALWELL, Mr. 
LIEU, Mr. RASKIN, Ms. JAYAPAL, Mrs. DEMINGS, Mr. CORREA, Ms. 
SCANLON, Ms. GARCIA of Texas, Mr. NEGUSE, Mrs. MCBATH, Mr. STAN-
TON, Ms. DEAN, Ms. ESCOBAR, Mr. JONES, Ms. ROSS, Ms. BUSH, Ms. 
ADAMS, Mr. AGUILAR, Mr. ALLRED, Mr. AUCHINCLOSS, Mrs. AXNE, Mr. 
BERA, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Ms. BONAMICI, Ms. 
BOURDEAUX, Mr. BOWMAN, Mr. BRENDAN F. BOYLE of Pennsylvania, 
Mr. BROWN, Ms. BROWNLEY, Mr. CARBAJAL, Mr. CA´RDENAS, Mr. CAR-
SON, Mr. CARTER of Louisiana, Mr. CASTEN, Ms. CASTOR of Florida, 
Mr. CASTRO of Texas, Ms. CLARK of Massachusetts, Ms. CLARKE of New 
York, Mr. CLEAVER, Mr. COOPER, Mr. COSTA, Mr. COURTNEY, Ms. 
CRAIG, Mr. CRIST, Mr. DANNY K. DAVIS of Illinois, Mr. DEFAZIO, Ms. 
DEGETTE, Ms. DELBENE, Mr. DELGADO, Mr. DESAULNIER, Mrs. DIN-
GELL, Ms. ESHOO, Mr. ESPAILLAT, Mr. EVANS, Mrs. FLETCHER, Mr. 
FOSTER, Mr. GALLEGO, Mr. GARAMENDI, Mr. GOTTHEIMER, Mr. GREEN 
of Texas, Mr. GRIJALVA, Mrs. HAYES, Mr. HIMES, Mr. HORSFORD, Ms. 
HOULAHAN, Mr. HUFFMAN, Ms. JOHNSON of Texas, Mr. KAHELE, Mr. 
KILDEE, Mr. KILMER, Mr. KIM of New Jersey, Mr. KIND, Mrs. KIRK-
PATRICK, Mr. KRISHNAMOORTHI, Ms. KUSTER, Mr. LAMB, Mr. LAN-
GEVIN, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, Mrs. 
LAWRENCE, Mr. LAWSON of Florida, Ms. LEE of California, Ms. LEGER 
FERNANDEZ, Mr. LEVIN of California, Mr. LYNCH, Mr. MALINOWSKI, 
Mrs. CAROLYN B. MALONEY of New York, Mr. SEAN PATRICK MALONEY 
of New York, Ms. MANNING, Ms. MATSUI, Ms. MCCOLLUM, Mr. 
MCEACHIN, Mr. MCGOVERN, Mr. MCNERNEY, Mr. MEEKS, Ms. MENG, 
Mr. MFUME, Ms. MOORE of Wisconsin, Mr. MORELLE, Mr. MOULTON, 
Mr. MRVAN, Mrs. MURPHY of Florida, Mrs. NAPOLITANO, Mr. NEAL, 
Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. OMAR, Mr. PALLONE, Mr. PA-
NETTA, Mr. PAPPAS, Mr. PASCRELL, Mr. PAYNE, Mr. PETERS, Mr. 
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kjohnson on DSK79L0C42PROD with BILLS
PHILLIPS, Ms. PLASKETT, Mr. POCAN, Ms. PORTER, Ms. PRESSLEY, Mr. 
PRICE of North Carolina, Mr. QUIGLEY, Miss RICE of New York, Ms. 
BLUNT ROCHESTER, Mr. RUPPERSBERGER, Mr. RUSH, Ms. SA´NCHEZ, 
Mr. SARBANES, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCHNEIDER, Mr. 
SCHRADER, Ms. SCHRIER, Mr. DAVID SCOTT of Georgia, Mr. SCOTT of 
Virginia, Mr. SHERMAN, Ms. SHERRILL, Mr. SIRES, Mr. SMITH of Wash-
ington, Ms. SPANBERGER, Ms. SPEIER, Ms. STANSBURY, Ms. STEVENS, 
Ms. STRICKLAND, Mr. SUOZZI, Mr. TAKANO, Mr. THOMPSON of Cali-
fornia, Ms. TITUS, Ms. TLAIB, Mrs. TORRES of California, Mr. TORRES 
of New York, Mr. TRONE, Ms. UNDERWOOD, Mr. VEASEY, Mr. VELA, 
Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. WATERS, Mrs. WAT-
SON COLEMAN, Mr. WELCH, Ms. WILD, Ms. WILLIAMS of Georgia, Ms. 
WILSON of Florida, Mr. YARMUTH, Mr. CASE, Mr. RYAN, Ms. JACOBS 
of California, Mr. KHANNA, Mrs. TRAHAN, Mr. VARGAS, Mr. NORCROSS, 
Mr. LEVIN of Michigan, Ms. NEWMAN, Mr. HARDER of California, Mr. 
GOMEZ, and Mr. BEYER) 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-
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 ‘‘John R. Lewis Voting 
Rights Advancement Act of 2021’’. 
SEC. 2. VOTE DILUTION, DENIAL, AND ABRIDGMENT 
CLAIMS. 
(a) IN GENERAL.—Section 2(a) of the Voting Rights 
Act of 1965 (52 U.S.C. 10301(a)) is amended— 
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(1) by inserting after ‘‘applied by any State or 
political subdivision’’ the following: ‘‘for the purpose 
of, or’’; and 
(2) by striking ‘‘as provided in subsection (b)’’ 
and inserting ‘‘as provided in subsection (b), (c), (d), 
or (e)’’. 
(b) VOTE DILUTION.—Section 2(b) of such Act (52 
U.S.C. 10301(b)) is amended— 
(1) by inserting after ‘‘A violation of subsection 
(a)’’ the following: ‘‘for vote dilution’’; 
(2) by inserting after the period at the end the 
following: ‘‘For the purposes of this subsection:’’; 
(3) by adding at the end the following new 
paragraphs: 
‘‘(1) To prevail, a plaintiff shall, as a threshold 
matter, establish that— 
‘‘(A) the members of the protected class 
are sufficiently numerous and geographically 
compact to constitute a majority in a single- 
member district; 
‘‘(B) the members of the protected class 
are generally politically aligned; and 
‘‘(C) the residents of that district who are 
not the members of the protected class vote suf-
ficiently as a bloc to enable them to defeat the 
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preferred candidates of the members of the pro-
tected class. 
‘‘(2) Upon a plaintiff establishing the required 
threshold showing under paragraph (1), a court shall 
conduct a totality of the circumstances analysis with 
respect to a claim of vote dilution to determine 
whether there was a violation of subsection (a), 
which shall include the following factors: 
‘‘(A) The extent the history of official vot-
ing discrimination in the State or political sub-
division. 
‘‘(B) The extent to which voting in the 
elections of the State or political subdivision is 
racially polarized. 
‘‘(C) The extent to which the State or po-
litical subdivision has used voting practices or 
procedures that tend to enhance the oppor-
tunity for discrimination against the members 
of the protected class, such as unusually large 
election districts, prohibitions against bullet-vot-
ing, and majority vote requirements. 
‘‘(D) If there is a candidate slating proc-
ess, whether the members of the protected class 
have been denied access to that process. 
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‘‘(E) The extent to which members of the 
protected class in the State or political subdivi-
sion bear the effects of discrimination in such 
areas as education, employment, and health, 
which hinder their ability to participate effec-
tively in the political process. 
‘‘(F) Whether political campaigns have 
been characterized by overt or subtle racial ap-
peals. 
‘‘(G) The extent to which members of the 
protected class have been elected to public office 
in the jurisdiction. 
‘‘(3) In conducting a totality of the cir-
cumstances analysis under paragraph (2), a court 
may consider such other factors as the court may 
determine to be relevant, including— 
‘‘(A) whether there is a significant lack of 
responsiveness on the part of elected officials to 
the particularized needs of the members of the 
protected class; and 
‘‘(B) whether the policy underlying the 
State or political subdivision’s use of such vot-
ing qualification, prerequisite to voting, or 
standard, practice or procedure is tenuous. 
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‘‘(4) A class of citizens protected by subsection 
(a) may include a cohesive coalition of members of 
different racial or language minority groups.’’; and 
(4) VOTE DENIAL OR ABRIDGEMENT.—Section 
2 of such Act (52 U.S.C. 10301), as amended by 
subsections (a) and (b), is further amended by add-
ing at the end the following: 
‘‘(c)(1) A violation of subsection (a) resulting in vote 
denial or abridgment is established if the challenged quali-
fication, prerequisite, standard, practice, or procedure im-
poses a discriminatory burden on members of a class of 
citizens protected by subsection (a), in that— 
‘‘(A) members of the protected class face great-
er difficulty in complying with the requirement, con-
sidering the totality of the circumstances; and 
‘‘(B) the greater difficulty is, at least in part, 
caused by or linked to social and historical condi-
tions that have produced or produce on the date of 
such challenge discrimination against members of 
the protected class. 
‘‘(2) The challenged qualification, prerequisite, stand-
ard, practice, or procedure need only be a but-for cause 
of the discriminatory burden described in paragraph (1) 
or perpetuate a pre-existing burden. 
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‘‘(3)(A) The factors that are relevant to a totality of 
the circumstances analysis with respect to a claim of vote 
denial or abridgement pursuant to this subsection include 
the following: 
‘‘(i) The history of official voting-related dis-
crimination in the State or political subdivision. 
‘‘(ii) The extent to which voting in the elections 
of the State or political subdivision is racially polar-
ized. 
‘‘(iii) The extent to which the State or political 
subdivision has used photographic voter identifica-
tion requirements, documentary proof of citizenship 
requirements, documentary proof of residence re-
quirements, or other voting practices or procedures, 
beyond those required by Federal law, that may im-
pair the ability of members of the minority group to 
participate fully in the political process. 
‘‘(iv) The extent to which minority group mem-
bers bear the effects of discrimination in areas such 
as education, employment, and health, which hinder 
their ability to participate effectively in the political 
process. 
‘‘(v) The use of overt or subtle racial appeals ei-
ther in political campaigns or surrounding adoption 
or maintenance of the challenged practice. 
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‘‘(vi) The extent to which members of the mi-
nority group have been elected to public office in the 
jurisdiction, provided that the fact that the minority 
group is too small to elect candidates of its choice 
shall not defeat a claim of vote denial or abridgment. 
‘‘(vii) Whether there is a lack of responsiveness 
on the part of elected officials to the particularized 
needs of minority group members. 
‘‘(viii) Whether the policy underlying the State 
or political subdivision’s use of the challenged quali-
fication, prerequisite, standard, practice, or proce-
dure is tenuous. 
‘‘(ix) Subject to paragraph (4), such other fac-
tors as the court may determine to be relevant. 
‘‘(B) The factors described in subparagraph (A), indi-
vidually and collectively, shall be considered as a means 
of establishing that a voting practice amplifies the effects 
of past or present discrimination in violation in subsection 
(a). 
‘‘(C) A plaintiff need not show any particular com-
bination or number of factors to establish a violation of 
subsection (a). 
‘‘(4) The factors that are relevant to a totality of the 
circumstances analysis with respect to a claim of vote de-
nial or abridgement do not include the following: 
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‘‘(A) The total number or share of members of 
a protected class on whom a challenged qualification, 
prerequisite, standard, practice, or procedure does 
not impose a material burden. 
‘‘(B) The degree to which the challenged quali-
fication, prerequisite, standard, practice, or proce-
dure has a long pedigree or was in widespread use 
at some earlier date. 
‘‘(C) The use of an identical or similar quali-
fication, prerequisite, standard, practice, or proce-
dure in other States or jurisdictions. 
‘‘(D) The availability of other forms of voting 
unimpacted by the challenged qualification, pre-
requisite, standard, practice, or procedure to all 
members of the electorate, including members of the 
protected class, unless the jurisdiction is simulta-
neously expanding such other practices to eliminate 
any disproportionate burden imposed by the chal-
lenged qualification, prerequisite, standard, practice, 
or procedure. 
‘‘(E) A prophylactic impact on potential crimi-
nal activity by individual voters, if such crimes have 
not occurred in the jurisdiction in substantial num-
bers. 
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‘‘(F) Mere invocation of interests in voter con-
fidence or prevention of fraud. 
‘‘(d)(1) A violation of subsection (a) for the purpose 
of vote denial or abridgement is established if the chal-
lenged qualification, prerequisite, standard, practice, or 
procedure is intended, at least in part, to dilute minority 
voting strength or to deny or abridge the right of any cit-
izen of the United States to vote on account of race, color, 
or in contravention of the guarantees set forth in section 
4(f)(2). 
‘‘(2) Discrimination on account of race, color, or in 
contravention of the guarantees set forth in section 4(f)(2) 
need only be one purpose of a qualification, prerequisite, 
standard, practice, or procedure to demonstrate a violation 
of subsection (a). 
‘‘(3) A qualification, prerequisite, standard, practice, 
or procedure intended to dilute minority voting strength 
or to make it more difficult for minority voters to cast 
a ballot that will be counted violates this subsection even 
if an additional purpose of the qualification, prerequisite, 
standard, practice, or procedure is to benefit a particular 
political party or group. 
‘‘(4) The context for the adoption of the challenged 
qualification, prerequisite, standard, practice, or proce-
dure, including actions by official decisionmakers before 
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the challenged qualification, prerequisite, standard, prac-
tice, or procedure, may be relevant to a violation of this 
subsection. 
‘‘(5) Claims under this subsection require proof of a 
discriminatory impact but do not require proof of a viola-
tion pursuant to subsection (b) or (c).’’. 
SEC. 3. RETROGRESSION. 
Section 2 of the Voting Rights Act of 1965 (52 
U.S.C. 10301 et seq.), as amended by section 2 of this 
Act, is further amended by adding at the end the fol-
lowing: 
‘‘(e) A violation of subsection (a) is established with 
respect to any challenged qualification, prerequisite, 
standard, practice, or procedure that has not been im-
posed or applied in an election as of the date of such chal-
lenge, if such qualification, prerequisite, standard, prac-
tice, or procedure has the purpose or will have the effect 
of denying or abridging the right to vote on account of 
race or color, or in contravention of the guarantees set 
forth in section 4(f)(2), within the meaning of section 5.’’. 
SEC. 4. 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 
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amendment’’ and inserting ‘‘violations of the 14th or 15th 
Amendment, violations of this Act, or violations of any 
Federal law that prohibits discrimination in voting on the 
basis of race, color, or membership in a language minority 
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 law that 
prohibits discrimination in voting on the basis of race, 
color, or membership in a language minority group,’’. 
SEC. 5. 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 25 YEARS.— 
‘‘(A) 
STATEWIDE
APPLICATION.—Sub-
section (a) applies with respect to a State and 
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all political subdivisions within the State during 
a calendar year if— 
‘‘(i) fifteen or more voting rights vio-
lations occurred in the State during the 
previous 25 calendar years; 
‘‘(ii) ten or more voting rights viola-
tions occurred in the State during the pre-
vious 25 calendar years, at least one of 
which was committed by the State itself 
(as opposed to a political subdivision with-
in the State); or 
‘‘(iii) three or more voting rights vio-
lations occurred in the State during the 
previous 25 calendar years and the State 
itself administers the elections in the State 
or political subdivisions in which the voting 
rights violations occurred. 
‘‘(B) APPLICATION TO SPECIFIC POLITICAL 
SUBDIVISIONS.—Subsection (a) applies with re-
spect to a political subdivision as a separate 
unit during a calendar year if three or more 
voting rights violations occurred in the subdivi-
sion during the previous 25 calendar years. 
‘‘(2) PERIOD OF APPLICATION.— 
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‘‘(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; and 
‘‘(ii) that ends on the date which is 10 
years after the date described in clause (i). 
‘‘(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 
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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 occur-
ring after the issuance of the declaratory 
judgment. 
‘‘(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) JUDICIAL
RELIEF; VIOLATION
OF 
THE
14TH
OR
15TH
AMENDMENT.—Any final 
judgment, or any preliminary, temporary, or de-
claratory relief (that was not reversed on ap-
peal), in which the plaintiff prevailed or a court 
of the United States found that the plaintiff 
demonstrated a likelihood of success on the 
merits or raised a question with regard to race 
discrimination, in which any court of the 
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United States 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 
occurred, or that a voting qualification or pre-
requisite to voting or standard, practice, or pro-
cedure with respect to voting created an undue 
burden on the right to vote in connection with 
a claim that the law unduly burdened voters of 
a particular race, color, or language minority 
group, in violation of the 14th or 15th Amend-
ment, anywhere within the State or subdivision. 
‘‘(B) JUDICIAL
RELIEF; VIOLATIONS
OF 
THIS ACT.—Any final judgment, or any prelimi-
nary, temporary, or declaratory relief (that was 
not reversed on appeal) in which the plaintiff 
prevailed or a court of the United States found 
that the plaintiff demonstrated a likelihood of 
success on the merits or raised a serious ques-
tion with regard to race discrimination, in 
which any court of the United States deter-
mined that a voting qualification or prerequisite 
to voting or standard, practice, or procedure 
with respect to voting was imposed or applied 
or would have been imposed or applied any-
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where within the State or subdivision in a man-
ner that resulted or would have resulted in a 
denial or abridgement of the right of any citizen 
of the United States to vote on account of race, 
color, or membership in a language minority 
group, in violation of subsection 4(e) or 4(f) or 
section 2, 201, or 203 of this Act. 
‘‘(C) FINAL JUDGMENT; DENIAL OF DE-
CLARATORY JUDGMENT.—In a final judgment 
(that was not been reversed on appeal), any 
court of the United States has denied the re-
quest of the State or subdivision for a declara-
tory 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 en-
forced anywhere within the State or subdivision. 
‘‘(D) OBJECTION BY THE ATTORNEY GEN-
ERAL.—The Attorney General has interposed 
an objection 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 en-
forced anywhere within the State or subdivision. 
A violation per this subsection has not occurred 
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where an objection has been withdrawn by the 
Attorney General, unless the withdrawal was in 
response to a change in the law or practice that 
served as the basis of the objection. A violation 
under this subsection has not occurred where 
the objection is based solely on a State or polit-
ical subdivision’s failure to comply with a proce-
dural process that would not otherwise con-
stitute an independent violation of this act. 
‘‘(E) CONSENT DECREE, SETTLEMENT, OR 
OTHER AGREEMENT.—A consent decree, settle-
ment, or other agreement was adopted or en-
tered by a court of the United States or con-
tained an admission of liability by the defend-
ants, which resulted in the alteration or aban-
donment of a voting practice anywhere in the 
territory of such State that was challenged on 
the ground that the practice denied or abridged 
the right of any citizen of the United States to 
vote on account of race, color, or membership in 
a language minority group in violation of sub-
section 4(e) or 4(f) or section 2, 201, or 203 of 
this Act, or the 14th or 15th Amendment. An 
extension or modification of an agreement as 
defined by this subsection that has been in 
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place for ten years or longer shall count as an 
independent violation. If a court of the United 
States finds that an agreement itself as defined 
by this subsection denied or abridged the right 
of any citizen of the United States to vote on 
account of race, color, or membership in a lan-
guage minority group, violated subsection 4(e) 
or 4(f) or section 2, 201, or 203 of this Act, or 
created an undue burden on the right to vote 
in connection with a claim that the consent de-
cree, settlement, or other agreement unduly 
burdened voters of a particular race, color, or 
language minority group, that finding shall 
count as an independent violation. 
‘‘(F) MULTIPLE
VIOLATIONS.—Each vot-
ing qualification or prerequisite to voting or 
standard, practice, or procedure with respect to 
voting, including each redistricting plan, found 
to be a violation by a court of the United States 
pursuant to subsection (a) or (b), or prevented 
from enforcement pursuant to subsection (c) or 
(d), or altered or abandoned pursuant to sub-
section (e) shall count as an independent viola-
tion. Within a redistricting plan, each violation 
found to discriminate against any group of vot-
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ers based on race, color, or language minority 
group shall count as an independent violation.
‘‘(4) 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, including updating the list of voting 
rights violations occurring in each State and po-
litical subdivision for the previous calendar 
year. 
‘‘(B) 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.’’. 
(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-
ing a calendar year pursuant to determinations 
made under subsection (b), or in any political 
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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-
tory judgment under the second sentence of this 
subsection)’’; 
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(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)’’; 
(G) by striking paragraphs (7) and (8); 
and 
(H) by redesignating paragraph (9) as 
paragraph (7). 
(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, color, or in contravention 
of the guarantees of subsection (f)(2),’’. 
SEC. 6. DETERMINATION OF STATES AND POLITICAL SUB-
DIVISIONS SUBJECT TO PRECLEARANCE FOR 
COVERED PRACTICES. 
The Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.) is further amended by inserting after section 4 the 
following: 
‘‘SEC. 4A. DETERMINATION OF STATES AND POLITICAL 
SUBDIVISIONS SUBJECT TO PRECLEARANCE 
FOR COVERED PRACTICES. 
‘‘(a) PRACTICE-BASED PRECLEARANCE.— 
‘‘(1) IN GENERAL.—Each State and each polit-
ical subdivision shall— 
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‘‘(A) identify any newly enacted or adopted 
law, regulation, or policy that includes a voting 
qualification or prerequisite to voting, or a 
standard, practice, or procedure with respect to 
voting, that is a covered practice described in 
subsection (b); and 
‘‘(B) ensure that no such covered practice 
is implemented unless or until the State or po-
litical subdivision, as the case may be, complies 
with subsection (c). 
‘‘(2) DETERMINATIONS
OF
CHARACTERISTICS 
OF VOTING-AGE POPULATION.— 
‘‘(A) IN
GENERAL.—As early as prac-
ticable during each calendar year, the Attorney 
General, in consultation with the Director of 
the Bureau of the Census and the heads of 
other relevant offices of the government, shall 
make the determinations required by this sec-
tion regarding voting-age populations and the 
characteristics of such populations, and shall 
publish a list of the States and political subdivi-
sions to which a voting-age population char-
acteristic described in subsection (b) applies. 
‘‘(B) PUBLICATION IN THE FEDERAL REG-
ISTER.—A determination or certification of the 
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Attorney General under this paragraph shall be 
effective upon publication in the Federal Reg-
ister. 
‘‘(b) COVERED PRACTICES.—To assure that the right 
of citizens of the United States to vote is not denied or 
abridged on account of race, color, or membership in a 
language minority group as a result of the implementation 
of certain qualifications or prerequisites to voting, or 
standards, practices, or procedures with respect to voting 
newly adopted in a State or political subdivision, the fol-
lowing shall be covered practices subject to the require-
ments described in subsection (a): 
‘‘(1) CHANGES
TO
METHOD
OF
ELECTION.— 
Any change to the method of election— 
‘‘(A) to add seats elected at-large in a 
State or political subdivision where— 
‘‘(i) two or more racial groups or lan-
guage minority groups each represent 20 
percent or more of the political subdivi-
sion’s voting-age population; or 
‘‘(ii) a single language minority group 
represents 20 percent or more of the vot-
ing-age population on Indian lands located 
in whole or in part in the political subdivi-
sion; or 
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‘‘(B) to convert one or more seats elected 
from a single-member district to one or more 
at-large seats or seats from a multi-member 
district in a State or political subdivision 
where— 
‘‘(i) two or more racial groups or lan-
guage minority groups each represent 20 
percent or more of the political subdivi-
sion’s voting-age population; or 
‘‘(ii) a single language minority group 
represents 20 percent or more of the vot-
ing-age population on Indian lands located 
in whole or in part in the political subdivi-
sion. 
‘‘(2) CHANGES
TO
JURISDICTION
BOUND-
ARIES.—Any change or series of changes within a 
year to the boundaries of a jurisdiction that reduces 
by 3 or more percentage points the proportion of the 
jurisdiction’s voting-age population that is comprised 
of members of a single racial group or language mi-
nority group in a State or political subdivision 
where— 
‘‘(A) two or more racial groups or lan-
guage minority groups each represent 20 per-
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cent or more of the political subdivision’s vot-
ing-age population; or 
‘‘(B) a single language minority group rep-
resents 20 percent or more of the voting-age 
population on Indian lands located in whole or 
in part in the political subdivision. 
‘‘(3) CHANGES
THROUGH
REDISTRICTING.— 
Any change to the boundaries of election districts in 
a State or political subdivision where any racial 
group or language minority group that is not the 
largest racial group or language minority group in 
the jurisdiction and that represents 15 percent or 
more of the State or political subdivision’s voting- 
age population experiences a population increase of 
at least 20 percent of its voting-age population, over 
the preceding decade (as calculated by the Bureau 
of the Census under the most recent decennial cen-
sus), in the jurisdiction. 
‘‘(4) CHANGES IN DOCUMENTATION OR QUALI-
FICATIONS TO VOTE.—Any change to requirements 
for documentation or proof of identity to vote or reg-
ister to vote that will exceed or be more stringent 
than such requirements under State law on the day 
before the date of enactment of the John R. Lewis 
Voting Rights Advancement Act of 2021; and fur-
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ther, if a State has in effect a requirement that an 
individual present identification as a condition of re-
ceiving and casting a ballot in an election for Fed-
eral office, if the State does not permit the indi-
vidual to meet the requirement and cast a ballot in 
the election in the same manner as an individual 
who presents identification— 
‘‘(A) in the case of an individual who de-
sires to vote in person, by presenting the appro-
priate State or local election official with a 
sworn written statement, signed by the indi-
vidual under penalty of perjury, attesting to the 
individual’s identity and attesting that the indi-
vidual is eligible to vote in the election; and 
‘‘(B) in the case of an individual who de-
sires to vote by mail, by submitting with the 
ballot the statement described in subparagraph 
(A). 
‘‘(5) CHANGES TO MULTILINGUAL VOTING MA-
TERIALS.—Any change that reduces multilingual 
voting materials or alters the manner in which such 
materials are provided or distributed, where no simi-
lar reduction or alteration occurs in materials pro-
vided in English for such election. 
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‘‘(6) CHANGES THAT REDUCE, CONSOLIDATE, 
OR RELOCATE VOTING LOCATIONS, OR REDUCE VOT-
ING
OPPORTUNITIES.—Any change that reduces, 
consolidates, or relocates voting locations, including 
early, absentee, and election-day voting locations, or 
reduces days or hours of in-person voting on any 
Sunday during a period occurring prior to the date 
of an election during which voters may cast ballots 
in such election, or prohibits the provision of food or 
non-alcoholic drink to persons waiting to vote in an 
election except where the provision would violate 
prohibitions on expenditures to influence voting— 
‘‘(A) in one or more census tracts wherein 
two or more language minority groups or racial 
groups each represent 20 percent or more of 
the voting-age population of the political sub-
division; or 
‘‘(B) on Indian lands wherein at least 20 
percent of the voting-age population belongs to 
a single language minority group. 
‘‘(7) NEW LIST MAINTENANCE PROCESS.—Any 
change to the maintenance of voter registration lists 
that adds a new basis for removal from the list of 
active registered voters or that incorporates new 
sources of information in determining a voter’s eligi-
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with respect to each such political subdivi-
sion. 
‘‘(c) PRECLEARANCE.— 
‘‘(1) IN GENERAL.—Whenever a State or polit-
ical subdivision with respect to which the require-
ments set forth in subsection (a) are in effect shall 
enact, adopt, or seek to implement any covered prac-
tice described under subsection (b), such State or 
subdivision may institute an action in the United 
States District Court for the District of Columbia 
for a declaratory judgment that such covered prac-
tice neither has the purpose nor will have the effect 
of denying or abridging the right to vote on account 
of race, color, or membership in a language minority 
group, and unless and until the court enters such 
judgment such covered practice shall not be imple-
mented. Notwithstanding the previous sentence, such 
covered practice may be implemented without such 
proceeding if the covered practice has been sub-
mitted by the chief legal officer or other appropriate 
official of such State or subdivision to the Attorney 
General and the Attorney General has not inter-
posed an objection within 60 days after such submis-
sion, or upon good cause shown, to facilitate an ex-
pedited approval within 60 days after such submis-
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sion, the Attorney General has affirmatively indi-
cated that such objection will not be made. Neither 
an affirmative indication by the Attorney General 
that no objection will be made, nor the Attorney 
General’s failure to object, nor a declaratory judg-
ment entered under this section shall bar a subse-
quent action to enjoin implementation of such cov-
ered practice. In the event the Attorney General af-
firmatively indicates that no objection will be made 
within the 60-day period following receipt of a sub-
mission, the Attorney General may reserve the right 
to reexamine the submission if additional informa-
tion comes to the Attorney General’s attention dur-
ing the remainder of the 60-day period which would 
otherwise require objection in accordance with this 
section. Any action under this section shall be heard 
and determined by a court of three judges in accord-
ance with the provisions of section 2284 of title 28, 
United States Code, and any appeal shall lie to the 
Supreme Court. 
‘‘(2) DENYING OR ABRIDGING THE RIGHT TO 
VOTE.—Any covered practice described in subsection 
(b) that has the purpose of or will have the effect 
of diminishing the ability of any citizens of the 
United States on account of race, color, or member-
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ship in a language minority group, to elect their pre-
ferred candidates of choice denies or abridges the 
right to vote within the meaning of paragraph (1) of 
this subsection. 
‘‘(3) PURPOSE DEFINED.—The term ‘purpose’ 
in paragraphs (1) and (2) of this subsection shall in-
clude any discriminatory purpose. 
‘‘(4) PURPOSE OF PARAGRAPH (2).—The pur-
pose of paragraph (2) of this subsection is to protect 
the ability of such citizens to elect their preferred 
candidates of choice. 
‘‘(d) ENFORCEMENT.—The Attorney General or any 
aggrieved citizen may file an action in a Federal district 
court to compel any State or political subdivision to satisfy 
the obligations set forth in this section. Such actions shall 
be heard and determined by a court of three judges under 
section 2284 of title 28, United States Code. In any such 
action, the court shall provide as a remedy that any voting 
qualification or prerequisite to voting, or standard, prac-
tice, or procedure with respect to voting, that is the sub-
ject of the action under this subsection be enjoined unless 
the court determines that— 
‘‘(1) the voting qualification or prerequisite to 
voting, or standard, practice, or procedure with re-
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spect to voting, is not a covered practice described 
in subsection (b); or 
‘‘(2) the State or political subdivision has com-
plied with subsection (c) with respect to the covered 
practice at issue. 
‘‘(e) COUNTING OF RACIAL GROUPS AND LANGUAGE 
MINORITY GROUPS.—For purposes of this section, the cal-
culation of the population of a racial group or a language 
minority group shall be carried out using the methodology 
in the guidance promulgated in the Federal Register on 
February 9, 2011 (76 Fed. Reg. 7470). 
‘‘(f) SPECIAL RULE.—For purposes of determina-
tions under this section, any data provided by the Bureau 
of the Census, whether based on estimation from sample 
or actual enumeration, shall not be subject to challenge 
or review in any court. 
‘‘(g) MULTILINGUAL VOTING MATERIALS.—In this 
section, the term ‘multilingual voting materials’ means 
registration or voting notices, forms, instructions, assist-
ance, or other materials or information relating to the 
electoral process, including ballots, provided in the lan-
guage or languages of one or more language minority 
groups.’’. 
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SEC. 7. 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: 
‘‘SEC. 6. TRANSPARENCY REGARDING CHANGES TO PRO-
TECT VOTING RIGHTS. 
‘‘(a) NOTICE OF ENACTED CHANGES.— 
‘‘(1) NOTICE OF CHANGES.—If a State or polit-
ical subdivision makes any change in any qualifica-
tion or prerequisite to voting or standard, practice, 
or procedure with respect to voting in any election 
for Federal office that will result in the qualification 
or prerequisite, standard, practice, or procedure 
being different from that which was in effect as of 
180 days before the date of the election for Federal 
office, the State or political subdivision shall provide 
reasonable public notice in such State or political 
subdivision and on the website of the State or polit-
ical subdivision, of a concise description of the 
change, 
including 
the 
difference 
between 
the 
changed qualification or prerequisite, standard, prac-
tice, or procedure and the prerequisite, standard, 
practice, or procedure which was previously in effect. 
The public notice described in this paragraph, in 
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such State or political subdivision and on the website 
of a State or political subdivision, shall be in a for-
mat that is reasonably convenient and accessible to 
persons with disabilities who are eligible to vote, in-
cluding persons who have low vision or are blind. 
‘‘(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 
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 website of a State 
or political subdivision, of the information described 
in paragraph (2) for precincts and polling places 
within such State or political subdivision. The public 
notice described in this paragraph, in such State or 
political subdivision and on the website of a State or 
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‘‘(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 
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 website of a State 
or political subdivision, of the demographic and elec-
toral 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. 
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sonably practicable for the State to ascertain 
the actual number of votes) the estimated num-
ber of votes received by each candidate in each 
statewide election held during the 5-year period 
which ends on the date the change involved is 
made; and 
‘‘(ii) if the change applies to only one polit-
ical subdivision, the actual number of votes, or 
(if it is not reasonably practicable for the polit-
ical subdivision to ascertain the actual number 
of votes) in each subdivision-wide election held 
during the 5-year period which ends on the date 
the change involved is made. 
‘‘(4) VOLUNTARY COMPLIANCE BY SMALLER JU-
RISDICTIONS.—Compliance with this subsection shall 
be voluntary for a political subdivision of a State un-
less the subdivision is one of the following: 
‘‘(A) A county or parish. 
‘‘(B) A municipality with a population 
greater than 10,000, as determined by the Bu-
reau of the Census under the most recent de-
cennial census. 
‘‘(C) A school district with a population 
greater than 10,000, as determined by the Bu-
reau of the Census under the most recent de-
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cennial census. For purposes of this subpara-
graph, the term ‘school district’ means the geo-
graphic area under the jurisdiction of a local 
educational agency (as defined in section 9101 
of the Elementary and Secondary Education 
Act of 1965). 
‘‘(d) RULES REGARDING FORMAT
OF INFORMA-
TION.—The Attorney General may issue rules specifying 
a reasonably convenient and accessible format that States 
and political subdivisions shall use to provide public notice 
of information under this section. 
‘‘(e) NO DENIAL OF RIGHT TO VOTE.—The right to 
vote of any person shall not be denied or abridged because 
the person failed to comply with any change made by a 
State or political subdivision to a voting qualification, pre-
requisite, standard, practice, or procedure if the State or 
political subdivision involved did not meet the applicable 
requirements of this section with respect to the change. 
‘‘(f) DEFINITIONS.—In this section— 
‘‘(1) the term ‘demographic group’ means each 
group which section 2 protects from the denial or 
abridgement of the right to vote on account of race 
or color, or in contravention of the guarantees set 
forth in section 4(f)(2); 
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‘‘(2) the term ‘election for Federal office’ means 
any general, special, primary, or runoff election held 
solely or in part for the purpose of electing any can-
didate for the office of President, Vice President, 
Presidential elector, Senator, Member of the House 
of Representatives, or Delegate or Resident Commis-
sioner to the Congress; and 
‘‘(3) the term ‘persons with disabilities’, means 
individuals with a disability, as defined in section 3 
of the Americans with Disabilities Act of 1990.’’. 
(2) CONFORMING
AMENDMENT.—Section 3(a) 
of such Act (52 U.S.C. 10302(a)) is amended by 
striking ‘‘in accordance with section 6’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a)(1) shall apply with respect to changes which 
are made on or after the expiration of the 60-day period 
which begins on the date of the enactment of this Act. 
SEC. 8. AUTHORITY TO ASSIGN OBSERVERS. 
(a) CLARIFICATION OF AUTHORITY IN POLITICAL 
SUBDIVISIONS SUBJECT
TO PRECLEARANCE.—Section 
8(a)(2)(B) of the Voting Rights Act of 1965 (52 U.S.C. 
10305(a)(2)(B)) is amended to read as follows: 
‘‘(B) in the Attorney General’s judgment, 
the assignment of observers is otherwise nec-
essary to enforce the guarantees of the 14th or 
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15th Amendment or any provision of this Act 
or any other Federal law protecting the right of 
citizens of the United States to vote; or’’. 
(b) ASSIGNMENT OF OBSERVERS TO ENFORCE BI-
LINGUAL ELECTION REQUIREMENTS.—Section 8(a) of 
such Act (52 U.S.C. 10305(a)) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(1); 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) the Attorney General certifies with respect 
to a political subdivision that— 
‘‘(A) the Attorney General has received 
written meritorious complaints from residents, 
elected officials, or civic participation organiza-
tions that efforts to violate section 203 are like-
ly to occur; or 
‘‘(B) in the Attorney General’s judgment, 
the assignment of observers is necessary to en-
force the guarantees of section 203;’’; and 
(3) by moving the margin for the continuation 
text following paragraph (3), as added by paragraph 
(2) of this subsection, 2 ems to the left. 
(c) TRANSFERRAL OF AUTHORITY OVER OBSERVERS 
TO THE ATTORNEY GENERAL.— 
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(1) 
ENFORCEMENT
PROCEEDINGS.—Section 
3(a) of the Voting Rights Act of 1965 (52 U.S.C. 
10302(a)) is amended by striking ‘‘United States 
Civil Service Commission in accordance with section 
6’’ and inserting ‘‘Attorney General in accordance 
with section 8’’. 
(2) OBSERVERS; 
APPOINTMENT
AND
COM-
PENSATION.—Section 8 of the Voting Rights Act of 
1965 (52 U.S.C. 10305) is amended— 
(A) in subsection (a)(2), in the matter fol-
lowing subparagraph (B), by striking ‘‘Director 
of the Office of Personnel Management shall as-
sign as many observers for such subdivision as 
the Director’’ and inserting ‘‘Attorney General 
shall assign as many observers for such subdivi-
sion as the Attorney General’’; and 
(B) in subsection (c), by striking ‘‘Director 
of the Office of Personnel Management’’ and 
inserting ‘‘Attorney General’’. 
(3) TERMINATION OF CERTAIN APPOINTMENTS 
OF
OBSERVERS.—Section 13(a)(1) of the Voting 
Rights Act of 1965 (52 U.S.C. 10309(a)(1)) is 
amended by striking ‘‘notifies the Director of the Of-
fice of Personnel Management,’’ and inserting ‘‘de-
termines,’’. 
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SEC. 9. CLARIFICATION OF AUTHORITY TO SEEK RELIEF. 
(a) POLL TAX.—Section 10(b) of the Voting Rights 
Act of 1965 (52 U.S.C. 10306(b)) is amended by striking 
‘‘the Attorney General is authorized and directed to insti-
tute forthwith in the name of the United States such ac-
tions’’ and inserting ‘‘an aggrieved person or (in the name 
of the United States) the Attorney General may institute 
such actions’’. 
(b) CAUSE OF ACTION.—Section 12(d) of the Voting 
Rights Act of 1965 (52 U.S.C. 10308(d)) is amended— 
(1) by striking ‘‘Whenever any person has en-
gaged’’ and all that follows through ‘‘in the name of 
the United States’’ and inserting ‘‘(1) Whenever 
there are reasonable grounds to believe that any per-
son has implemented or will implement any voting 
qualification or prerequisite to voting or standard, 
practice, or procedure that would (A) deny any cit-
izen the right to vote in violation of the 14th, 15th, 
19th, 24th, or 26th Amendments, or (B) would vio-
late this Act (except for section 4A) or any other 
Federal law that prohibits discrimination on the 
basis of race, color, or membership in a language 
minority group in the voting process, an aggrieved 
person or (in the name of the United States) the At-
torney General may institute’’; and 
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(2) by striking ‘‘, and including an order di-
rected to the State and State or local election offi-
cials to require them (1) to permit persons listed 
under chapters 103 to 107 of this title to vote and 
(2) to count such votes’’. 
(c) JUDICIAL RELIEF.—Section 204 of the Voting 
Rights Act of 1965 (52 U.S.C. 10504) is amended by 
striking ‘‘Whenever the Attorney General has reason to 
believe’’ and all that follows through ‘‘as he deems appro-
priate’’ and inserting ‘‘Whenever there are reasonable 
grounds to believe that a State or political subdivision has 
engaged or is about to engage in any act or practice pro-
hibited by a provision of title II, an aggrieved person or 
(in the name of the United States) the Attorney General 
may institute an action in a district court of the United 
States, for a restraining order, a preliminary or perma-
nent injunction, or such other order as may be appro-
priate’’. 
(d) ENFORCEMENT
OF
TWENTY-SIXTH
AMEND-
MENT.—Section 301(a)(1) of the Voting Rights Act of 
1965 (52 U.S.C. 10701) is amended by striking ‘‘The At-
torney General is directed to institute’’ and all that follows 
through ‘‘Constitution of the United States’’ and inserting 
‘‘An aggrieved person or (in the name of the United 
States) the Attorney General may institute an action in 
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a district court of the United States, for a restraining 
order, a preliminary or permanent injunction, or such 
other order as may be appropriate to implement the twen-
ty-sixth amendment to the Constitution of the United 
States’’. 
SEC. 10. PREVENTIVE RELIEF. 
Section 12(d) of the Voting Rights Act of 1965 (52 
U.S.C. 10308(d)), as amended by section 9, is further 
amended by adding at the end the following: 
‘‘(2)(A) In considering any motion for preliminary re-
lief in any action for preventive relief described in this sub-
section, the court shall grant the relief if the court deter-
mines that the complainant has raised a question as to 
whether the challenged voting qualification or prerequisite 
to voting or standard, practice, or procedure violates this 
Act or the Constitution and, on balance, the hardship im-
posed on the defendant by the grant of the relief will be 
less than the hardship which would be imposed on the 
plaintiff if the relief were not granted. 
‘‘(B) In making its determination under this para-
graph with respect to a change in any voting qualification, 
prerequisite to voting, or standard, practice, or procedure 
with respect to voting, the court shall consider all relevant 
factors and give due weight to the following factors, if they 
are present: 
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‘‘(i) Whether the qualification, prerequisite, 
standard, practice, or procedure in effect prior to the 
change was adopted as a remedy for a Federal court 
judgment, consent decree, or admission regarding— 
‘‘(I) discrimination on the basis of race or 
color in violation of the 14th or 15th Amend-
ment; 
‘‘(II) a violation of the 19th, 24th, or 26th 
Amendments; 
‘‘(III) a violation of this Act; or 
‘‘(IV) voting discrimination on the basis of 
race, color, or membership in a language minor-
ity group in violation of any other Federal or 
State law. 
‘‘(ii) Whether the qualification, prerequisite, 
standard, practice, or procedure in effect prior to the 
change served as a ground for the dismissal or set-
tlement of a claim alleging— 
‘‘(I) discrimination on the basis of race or 
color in violation of the 14th or 15th Amend-
ment; 
‘‘(II) a violation of the 19th, 24th, or 26th 
Amendment; 
‘‘(III) a violation of this Act; or 
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‘‘(IV) voting discrimination on the basis of 
race, color, or membership in a language minor-
ity group in violation of any other Federal or 
State law. 
‘‘(iii) Whether the change was adopted fewer 
than 180 days before the date of the election with 
respect to which the change is to take or takes ef-
fect. 
‘‘(iv) Whether the defendant has failed to pro-
vide timely or complete notice of the adoption of the 
change as required by applicable Federal or State 
law. 
‘‘(3) A jurisdiction’s inability to enforce its voting or 
election laws, regulations, policies, or redistricting plans, 
standing alone, shall not be deemed to constitute irrep-
arable harm to the public interest or to the interests of 
a defendant in an action arising under the Constitution 
or any Federal law that prohibits discrimination on the 
basis of race, color, or membership in a language minority 
group in the voting process, for the purposes of deter-
mining whether a stay of a court’s order or an interlocu-
tory appeal under section 1253 of title 28, United States 
Code, is warranted.’’. 
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SEC. 11. RELIEF FOR VIOLATIONS OF VOTING RIGHTS 
LAWS. 
(a) IN GENERAL.— 
(1) RELIEF
FOR
VIOLATIONS
OF
VOTING 
RIGHTS LAWS.—In this section, the term ‘‘prohibited 
act or practice’’ means— 
(A) any act or practice— 
(i) that creates an undue burden on 
the fundamental right to vote in violation 
of the 14th Amendment to the Constitu-
tion of the United States or violates the 
Equal Protection Clause of the 14th 
Amendment to the Constitution of the 
United States; or 
(ii) that is prohibited by the 15th, 
19th, 24th, or 26th Amendment to the 
Constitution of the United States, section 
2004 of the Revised Statutes (52 U.S.C. 
10101), the Voting Rights Act of 1965 (52 
U.S.C. 10301 et seq.), the National Voter 
Registration Act of 1993 (52 U.S.C. 
20501 et seq.), the Uniformed and Over-
seas Citizens Absentee Voting Act (52 
U.S.C. 20301 et seq.), the Help America 
Vote Act of 2002 (52 U.S.C. 20901 et 
seq.), the Voting Accessibility for the El-
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derly and Handicapped Act (52 U.S.C. 
20101 et seq.), or section 2003 of the Re-
vised Statutes (52 U.S.C. 10102); and 
(B) any act or practice in violation of any 
Federal law that prohibits discrimination with 
respect to voting, including the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.). 
(2) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to diminish the authority 
or scope of authority of any person to bring an ac-
tion under any Federal law. 
(3) ATTORNEY’S FEES.—Section 722(b) of the 
Revised Statutes (42 U.S.C. 1988(b)) is amended by 
inserting ‘‘a provision described in section 2(a) of 
the John R. Lewis Voting Rights Advancement Act 
of 2021,’’ after ‘‘title VI of the Civil Rights Act of 
1964,’’. 
(b) GROUNDS FOR EQUITABLE RELIEF.—In any ac-
tion for equitable relief pursuant to a law listed under sub-
section (a), proximity of the action to an election shall not 
be a valid reason to deny such relief, or stay the operation 
of or vacate the issuance of such relief, unless the party 
opposing the issuance or continued operation of relief 
meets the burden of proving by clear and convincing evi-
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dence that the issuance of the relief would be so close in 
time to the election as to cause irreparable harm to the 
public interest or that compliance with such relief would 
impose serious burdens on the party opposing relief. 
(1) IN GENERAL.—In considering whether to 
grant, deny, stay, or vacate any order of equitable 
relief, the court shall give substantial weight to the 
public’s interest in expanding access to the right to 
vote. A State’s generalized interest in enforcing its 
enacted laws shall not be a relevant consideration in 
determining whether equitable relief is warranted. 
(2) PRESUMPTIVE SAFE HARBOR.—Where equi-
table relief is sought either within 30 days of the 
adoption or reasonable public notice of the chal-
lenged policy or practice, or more than 45 days be-
fore the date of an election to which the relief being 
sought will apply, proximity to the election will be 
presumed not to constitute a harm to the public in-
terest or a burden on the party opposing relief. 
(c) GROUNDS FOR STAY OR VACATUR IN FEDERAL 
CLAIMS INVOLVING VOTING RIGHTS.— 
(1) PROSPECTIVE
EFFECT.—In reviewing an 
application for a stay or vacatur of equitable relief 
granted pursuant to a law listed in subsection (a), 
a court shall give substantial weight to the reliance 
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interests of citizens who acted pursuant to such 
order under review. In fashioning a stay or vacatur, 
a reviewing court shall not order relief that has the 
effect of denying or abridging the right to vote of 
any citizen who has acted in reliance on the order. 
(2) WRITTEN
EXPLANATION.—No stay or 
vacatur under this subsection shall issue unless the 
reviewing court makes specific findings that the pub-
lic interest, including the public’s interest in expand-
ing access to the ballot, will be harmed by the con-
tinuing operation of the equitable relief or that com-
pliance with such relief will impose serious burdens 
on the party seeking such a stay or vacatur such 
that those burdens substantially outweigh the bene-
fits to the public interest. In reviewing an applica-
tion for a stay or vacatur of equitable relief, findings 
of fact made in issuing the order under review shall 
not be set aside unless clearly erroneous. 
SEC. 12. ENFORCEMENT OF VOTING RIGHTS BY ATTORNEY 
GENERAL. 
Section 12 of the Voting Rights Act (52 U.S.C. 
10308), as amended by this Act, is further amended by 
adding at the end the following: 
‘‘(g) VOTING RIGHTS ENFORCEMENT BY ATTORNEY 
GENERAL.— 
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‘‘(1) IN GENERAL.—In order to fulfill the At-
torney General’s responsibility to enforce the Voting 
Rights Act and other Federal civil rights statutes 
that protect the right to vote, the Attorney General 
(or upon designation by the Attorney General, the 
Assistant Attorney General for Civil Rights) is au-
thorized, before commencing a civil action, to issue 
a demand for inspection and information in writing 
to any State or political subdivision, or other govern-
mental representative or agent, with respect to any 
relevant documentary material that he has reason to 
believe is within their possession, custody, or control. 
A demand by the Attorney General under this sec-
tion may require— 
‘‘(A) the production of such documentary 
material for inspection and copying; 
‘‘(B) answers in writing to written ques-
tions with respect to such documentary mate-
rial; or 
‘‘(C) both. 
‘‘(2) CONTENTS
OF
AN
ATTORNEY
GENERAL 
DEMAND.— 
‘‘(A) IN
GENERAL.—Any demand issued 
under paragraph (1), shall include a sworn cer-
tificate to identify the voting qualification or 
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prerequisite to voting or standard, practice, or 
procedure with respect to voting, or other vot-
ing related matter or issue, whose lawfulness 
the Attorney General is investigating and to 
identify the civil provisions of the Federal civil 
rights statute that protects the right to vote 
under which the investigation is being con-
ducted. The demand shall be reasonably cal-
culated to lead to the discovery of documentary 
material and information relevant to such civil 
rights investigation. Documentary material in-
cludes any material upon which relevant infor-
mation is recorded, and includes written or 
printed materials, photographs, tapes, or mate-
rials upon which information is electronically or 
magnetically recorded. Such demands are aimed 
at the Attorney General having the ability to in-
spect and obtain copies of relevant materials (as 
well as obtain information) related to voting 
and are not aimed at the Attorney General tak-
ing possession of original records, particularly 
those that are required to be retained by State 
and local election officials under Federal or 
State law. 
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‘‘(B) NO
REQUIREMENT
FOR
PRODUC-
TION.—Any demand issued under paragraph 
(1) may not require the production of any docu-
mentary material or the submission of any an-
swers in writing to written questions if such 
material or answers would be protected from 
disclosure under the standards applicable to 
discovery requests under the Federal Rules of 
Civil Procedure in an action in which the Attor-
ney General or the United States is a party. 
‘‘(C) DOCUMENTARY
MATERIAL.—If the 
demand issued under paragraph (1) requires 
the production of documentary material, it 
shall— 
‘‘(i) identify the class of documentary 
material to be produced with such definite-
ness and certainty as to permit such mate-
rial to be fairly identified; and 
‘‘(ii) prescribe a return date for pro-
duction of the documentary material at 
least twenty days after issuance of the de-
mand to give the State or political subdivi-
sion, or other governmental representative 
or agent, a reasonable period of time for 
assembling the documentary material and 
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making it available for inspection and 
copying. 
‘‘(D) 
ANSWERS
TO
WRITTEN
QUES-
TIONS.—If the demand issued under paragraph 
(1) requires answers in writing to written ques-
tions, it shall— 
‘‘(i) set forth with specificity the writ-
ten question to be answered; and 
‘‘(ii) prescribe a date at least twenty 
days after the issuance of the demand for 
submitting answers in writing to the writ-
ten questions. 
‘‘(E) SERVICE.—A demand issued under 
paragraph (1) may be served by a United 
States marshal or a deputy marshal, or by cer-
tified mail, at any place within the territorial 
jurisdiction of any court of the United States. 
‘‘(3) RESPONSES TO AN ATTORNEY GENERAL 
DEMAND.—A State or political subdivision, or other 
governmental representative or agent, must, with re-
spect to any documentary material or any answer in 
writing produced under this subsection, provide a 
sworn certificate, in such form as the demand issued 
under paragraph (1) designates, by a person having 
knowledge of the facts and circumstances relating to 
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graph (1) must be filed within 20 days 
after the date of service of the Attorney 
General’s demand or at any time before 
the return date specified in the Attorney 
General’s demand, whichever date is ear-
lier. 
‘‘(iii) CONTENTS OF PETITION.—The 
petition shall specify each ground upon 
which the petitioner relies in seeking relief 
under clause (i), and may be based upon 
any failure of the Attorney General’s de-
mand to comply with the provisions of this 
section or upon any constitutional or other 
legal right or privilege of the State or po-
litical subdivision, or other governmental 
representative or agent. During the pend-
ency of the petition in the court, the court 
may stay, as it deems proper, the running 
of the time allowed for compliance with the 
Attorney General’s demand, in whole or in 
part, except that the State or political sub-
division, or other governmental representa-
tive or agent, filing the petition shall com-
ply with any portions of the Attorney Gen-
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eral’s demand not sought to be modified or 
set aside.’’. 
SEC. 13. DEFINITIONS. 
Title I of the Voting Rights Act of 1965 (52 U.S.C. 
10301) is amended by adding at the end the following: 
‘‘SEC. 21. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) INDIAN.—The term ‘Indian’ has the mean-
ing given the term in section 4 of the Indian Self- 
Determination and Education Assistance Act. 
‘‘(2) INDIAN LANDS.—The term ‘Indian lands’ 
means— 
‘‘(A) any Indian country of an Indian 
tribe, as such term is defined in section 1151 
of title 18, United States Code; 
‘‘(B) any land in Alaska that is owned, 
pursuant to the Alaska Native Claims Settle-
ment Act, by an Indian tribe that is a Native 
village (as such term is defined in section 3 of 
such Act), or by a Village Corporation that is 
associated with the Indian tribe (as such term 
is defined in section 3 of such Act); 
‘‘(C) any land on which the seat of govern-
ment of the Indian tribe is located; and 
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‘‘(D) any land that is part or all of a tribal 
designated statistical area associated with the 
Indian tribe, or is part or all of an Alaska Na-
tive village statistical area associated with the 
tribe, as defined by the Bureau of the Census 
for the purposes of the most recent decennial 
census. 
‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ or 
‘tribe’ has the meaning given the term ‘Indian tribe’ 
in section 4 of the Indian Self-Determination and 
Education Assistance Act. 
‘‘(4) TRIBAL GOVERNMENT.—The term ‘Tribal 
Government’ means the recognized governing body 
of an Indian Tribe. 
‘‘(5) VOTING-AGE
POPULATION.—The term 
‘voting-age population’ means the numerical size of 
the population within a State, within a political sub-
division, or within a political subdivision that con-
tains Indian lands, as the case may be, that consists 
of persons age 18 or older, as calculated by the Bu-
reau of the Census under the most recent decennial 
census.’’. 
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SEC. 14. ATTORNEYS’ FEES. 
Section 14(c) of the Voting Rights Act of 1965 (52 
U.S.C. 10310(c)) is amended by adding at the end the 
following: 
‘‘(4) The term ‘prevailing party’ means a party to an 
action that receives at least some of the benefit sought 
by such action, states a colorable claim, and can establish 
that the action was a significant cause of a change to the 
status quo.’’. 
SEC. 15. OTHER TECHNICAL AND CONFORMING AMEND-
MENTS. 
(a) ACTIONS COVERED UNDER SECTION 3.—Section 
3(c) of the Voting Rights Act of 1965 (52 U.S.C. 
10302(c)) is amended— 
(1) by striking ‘‘any proceeding instituted by 
the Attorney General or an aggrieved person under 
any statute to enforce’’ and inserting ‘‘any action 
under any statute in which a party (including the 
Attorney General) seeks to enforce’’; and 
(2) by striking ‘‘at the time the proceeding was 
commenced’’ and inserting ‘‘at the time the action 
was commenced’’. 
(b) CLARIFICATION OF TREATMENT OF MEMBERS OF 
LANGUAGE MINORITY GROUPS.—Section 4(f) of such Act 
(52 U.S.C. 10303(f)) is amended— 
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(1) in paragraph (1), by striking the second 
sentence; and 
(2) by striking paragraphs (3) and (4). 
(c) PERIOD DURING WHICH CHANGES IN VOTING 
PRACTICES ARE SUBJECT
TO PRECLEARANCE UNDER 
SECTION 5.—Section 5 of such Act (52 U.S.C. 10304) 
is amended— 
(1) in subsection (a), by striking ‘‘based upon 
determinations made under the first sentence of sec-
tion 4(b) are in effect’’ and inserting ‘‘are in effect 
during a calendar year’’; 
(2) in subsection (a), by striking ‘‘November 1, 
1964’’ and all that follows through ‘‘November 1, 
1972’’ and inserting ‘‘the applicable date of cov-
erage’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(e) The term ‘applicable date of coverage’ means, 
with respect to a State or political subdivision— 
‘‘(1) June 25, 2013, if the most recent deter-
mination for such State or subdivision under section 
4(b) was made on or before December 31, 2021; or 
‘‘(2) the date on which the most recent deter-
mination for such State or subdivision under section 
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4(b) was made, if such determination was made 
after December 31, 2021.’’. 
SEC. 16. SEVERABILITY. 
If any provision of this Act or any amendment made 
by this Act, or the application of such a provision or 
amendment to any person or circumstance, is held to be 
unconstitutional or is otherwise enjoined or unenforceable, 
the remainder of this Act and amendments made by this 
Act, and the application of the provisions and amendment 
to any person or circumstance, and any remaining provi-
sion of the Voting Rights Act of 1965, shall not be af-
fected by the holding. 
SEC. 17. GRANTS TO ASSIST WITH NOTICE REQUIREMENTS 
UNDER THE VOTING RIGHTS ACT OF 1965. 
(a) IN GENERAL.—The Attorney General shall make 
grants each fiscal year to small jurisdictions who submit 
applications under subsection (b) for purposes of assisting 
such small jurisdictions with compliance with the require-
ments of the Voting Rights Act of 1965 to submit or pub-
lish notice of any change to a qualification, prerequisite, 
standard, practice or procedure affecting voting. 
(b) APPLICATION.—To be eligible for a grant under 
this section, a small jurisdiction shall submit an applica-
tion to the Attorney General in such form and containing 
such information as the Attorney General may require re-
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kjohnson on DSK79L0C42PROD with BILLS
garding the compliance of such small jurisdiction with the 
provisions of the Voting Rights Act of 1965. 
(c) SMALL JURISDICTION DEFINED.—For purposes 
of this section, the term ‘‘small jurisdiction’’ means any 
political subdivision of a State with a population of 10,000 
or less. 
Æ 
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Frm 00066
Fmt 6652
Sfmt 6301
E:\BILLS\H4.IH
H4
kjohnson on DSK79L0C42PROD with BILLS