Sec. 3. Criteria for coverage of States and political subdivisions
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a ) Section 4(b) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973b(b) ) is amended to read as follows: Subsection
(a)applies with respect to a State and all political subdivisions within the State during a calendar year if 5 or more voting rights violations 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). Subsection
(a)applies with respect to a political subdivision during a calendar year if— 3 or more voting rights violations occurred in the subdivision during the previous 15 calendar years; or 1 or more voting rights violations occurred in the subdivision during the previous 15 calendar years and the subdivision had persistent, extremely low minority turnout during the previous 15 calendar years. 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 period— that begins on January 1 of the year in which subsection
(a)applies pursuant to the applicable provisions of paragraph (1); and that ends on the date which is 10 years after January 1 of the year in which the most recent voting rights violation occurred in the State or political subdivision. If a State obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection
(a)shall no longer apply to such State pursuant to paragraph (1)(A) unless, after the issuance of the declaratory judgment, paragraph (1)(A) applies to the State solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment. 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 subdivision pursuant to paragraph (1), including pursuant to paragraph (1)(A) (relating to the statewide application of subsection (a)), unless, after the issuance of the declaratory judgment, paragraph (1)(B) applies to the political subdivision solely on the basis of voting rights violations (and, in the case of paragraph (1)(B)(ii), extremely low minority turnout) occurring after the issuance of the declaratory judgment. For purposes of paragraph (1), a voting rights violation occurred in a State or political subdivision if any of the following applies: 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, occurred anywhere within the State or subdivision. 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 standard, practice, or procedure with respect to voting 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 of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2), in violation of section 2. 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 anywhere within the State or subdivision. 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 voting 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 procedure which consists of the imposition of a requirement 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. For purposes of paragraph (1)(B)(ii), a political subdivision has persistent, extremely low minority turnout with respect to a calendar year if any of the following applies: With respect to the general elections for the office of President which were held in the political subdivision during the previous 15 calendar years— in the majority of such elections, the minority turnout rate in the political subdivision was below— the minority turnout rate for the entire Nation, the nonminority turnout rate for the entire Nation, the minority turnout rate for the State in which the political subdivision is located, the nonminority turnout rate for the State in which the political subdivision is located, and the nonminority turnout rate for the political subdivision; and the average minority turnout rate across all such elections in the political subdivision was more than 10 percentage points below the average nonminority turnout rate for the entire Nation. With respect to the general elections for Federal office which were held in the political subdivision during the previous 15 calendar years— in the majority of such elections, the minority turnout rate in the political subdivision was below— the minority turnout rate for the State in which the political subdivision is located, the nonminority turnout rate for the State in which the political subdivision is located, and the nonminority turnout rate for the political subdivision; and the average minority turnout rate across all such elections in the political subdivision was more than 10 percentage points below the average nonminority turnout rate for the State in which the political subdivision is located. As early as practicable during each calendar year, the Attorney General shall make the determinations required by this subsection (other than the determinations described in subparagraph (B)), including updating the list of voting rights violations attributable to each State and political subdivision for the previous calendar year. As early as practicable during each odd-numbered calendar year, the Attorney General, in consultation with the heads of the relevant offices of the government, shall make the determinations of turnout rates required by this subsection, including the minority and nonminority turnout rates for the general elections for Federal office held in the previous year in each State and political subdivision (expressed as percentages of the citizen voting-age population of the State and subdivision and determined using scientifically accepted statistical methodologies). A determination or certification of the Attorney General under this section or under section 8 or 13 shall be effective upon publication in the Federal Register. In this subsection, the following definitions apply: The term general election for Federal office means a general election held solely or in part for the purpose of electing any candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress. The term minority means persons who identify themselves as being— of Hispanic or Latino origin; of a race other than white; or of 2 or more races. The term nonminority means persons who identify themselves as being— not of Hispanic or Latino origin; white; and not of any other race. 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— 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 ballots in the election; divided by 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. . Section 4(a) of such Act ( 42 U.S.C. 1973b(a) ) is amended— 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 during 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 pursuant to determinations made with respect to such subdivision as a separate unit under subsection (b), unless ; in paragraph
(1)in the matter preceding subparagraph (A), by striking the second sentence; in paragraph (1)(A), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) ; in paragraph (1)(B), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) ; in paragraph (3), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) ; 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 by striking paragraphs
(7)and (8). Section 4(a)(1) of such Act ( 42 U.S.C. 1973b(a)(1) ) is amended by striking race or color, and inserting race or color or in contravention of the guarantees of subsection (f)(2), . Section 4(a)(5) of such Act ( 42 U.S.C. 1973b(a)(5) ) is amended by striking the second and third sentences.
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Sec. 3
Criteria for coverage of States and political subdivisions
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