fication, prerequisite, standard, practice, or proce-
dure is tenuous. In making a determination under 
this clause, a court shall consider whether the quali-
fication, prerequisite, standard, practice, or proce-
dure in question was designed to advance and mate-
rially advances a valid and substantiated State inter-
est. 
‘‘(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: 
‘‘(A) 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.
‘‘(B) The use of an identical or similar quali-
fication, prerequisite, standard, practice, or proce-
dure in other States or jurisdictions. 
‘‘(C) 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. 
‘‘(D) Unsubstantiated defenses that the quali-
fication, prerequisite, standard, practice, or proce-
dure is necessary to address criminal activity. 
‘‘(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 
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). 
‘‘(e) For purposes of this section, the term ‘affected 
area’ means any geographic area, in which members of 
a protected class are affected by a qualification, pre-
requisite, standard, practice, or procedure allegedly in vio-
lation of this section, within a State (including any Indian 
lands).’’.
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: 
‘‘(f) A violation of subsection (a) is established when 
a State or political subdivision enacts or seeks to admin-
ister any qualification or prerequisite to voting or stand-
ard, practice, or procedure with respect to voting in any 
election 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 or color, or in contravention of 
the guarantees set forth in section 4(f)(2), to participate 
in the electoral process or elect their preferred candidates 
of choice. This subsection applies to any action taken on 
or after January 1, 2021, by a State or political subdivi-
sion to enact or seek to administer any such qualification 
or prerequisite to voting or standard, practice or proce-
dure. 
‘‘(g) Notwithstanding the provisions of subsection (f), 
final decisions of the United States District Court of the 
District of Columbia on applications or petitions by States 
or political subdivisions for preclearance under section 5 
of any changes in voting prerequisites, standards, prac-
tices, or procedures, supersede the provisions of subsection 
(f).’’.
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 
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 
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.— 
‘‘(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 
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 serious question with regard 
to race discrimination, in which any court of 
the 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-
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 
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 or subdivision that was 
challenged on the ground that the practice de-
nied 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 subsection 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 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 language 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 con-
sent decree, settlement, or other agreement un-
duly 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