Sec. 4. Designation of tribal polling places

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Each of the several States whose territory contains all or part of an Indian reservation shall designate, for each Indian tribe of each Indian reservation, an officer within that State responsible for compliance with the provisions of this Act. The State shall provide written notice to each such Indian tribe of the officer so designated. For each Indian tribe that satisfies the obligations of subsection (b), and for each election that is held at least 180 days after the Indian tribe initially satisfies such obligations, any State whose territory contains all or part of an Indian reservation of the Indian tribe— shall provide a minimum of one polling place in a location selected by the Indian tribe; shall provide additional polling places in locations selected by the Indian tribe if, based on the totality of circumstances, it is shown that not providing additional polling places would result in members of the Indian tribe having less opportunity to vote than other citizens have, as determined by the Attorney General; shall, at each polling place provided in accordance with this section, make voting machines, tabulation machines, ballots, provisional ballots, and other voting materials available to the same extent that such equipment and materials are made available at most other polling places in the State; shall, at each polling place provided under this section, conduct the election using the same voting procedures that are used at other polling places in the State; shall, at each polling place provided in accordance with this section, provide training, compensation, and other benefits to election officials and poll workers to the same extent that such training, compensation, and benefits are provided to election officials and poll workers at other polling places in the State; shall cooperate in good faith with the efforts of the Indian tribe to satisfy the certifications the Indian tribe made pursuant to subparagraphs

(B)through

(E)of subsection (b)(1); and may fulfill the State's obligations under subparagraphs

(A)and

(B)by relocating existing polling places, by creating new polling places, or both. When assessing the opportunities to vote provided to members of the Indian tribe and to other citizens in the State, to determine the number of additional polling places (if any) that a State must provide pursuant to subparagraph

(B)of paragraph (2), the State, and any court applying this Act, shall consider— the number of voting-age citizens assigned to each polling place; the distances that voters must travel to reach the polling places; the time that voters must spend traveling to reach the polling places; the modes of transportation that voters use to reach the polling places; the existence of and access to public transportation to the polling places; and any other factor relevant to effectuating the purposes of this Act. The State obligations in subsection

(a)shall apply only if the Indian tribe files a standing request with the officer designated under subsection (a)(1) for a polling place or polling places for future elections, pursuant to subparagraphs

(A)and

(B)of subsection (a)(2), which— specifies the number and locations of such polling places; certifies that the Indian tribe has arranged access to the facilities in which such polling places will be located, and that such access is in accordance with Federal and State law; certifies that the Indian tribe will ensure that each such polling place will be open and accessible to all voting-age citizens who reside in the precinct or other geographic area assigned to such polling place, regardless of whether such citizens are or are not members of the Indian tribe or of any other Indian tribe; certifies that the Indian tribe will designate election officials and poll workers to staff such polling places on every day that the polling places will be open; and certifies that the Indian tribe will ensure that the election officials and poll workers who the Indian tribe designate to staff such polling places attend and satisfactorily complete any training that is required of election officials and poll workers who staff other polling places in nearby areas of the State, or requests that the State shall designate such election officials and poll workers. At any time at least 60 days before an election, an Indian tribe that previously has satisfied the obligations of paragraph

(1)may notify the State that the Indian tribe intends to opt out of the standing request for one or more polling places as described in subparagraphs

(A)and

(B)of subsection (a)(2) for a particular election or for all future elections. In States that permit absentee or mail-in balloting, an Indian tribe may request to the State or political subdivision that an Indian reservation of the Indian tribe be designated as an absentee ballot location. In such instances, absentee ballots shall be provided to each registered voter living on the Indian reservation without the requirement of a request or an excuse for an absentee ballot. Bilingual election materials shall be provided if required by section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). In States that provide for early voting, a State or local election official shall provide at least one early voting location on an Indian reservation upon the request of the applicable Indian tribe. An Indian tribe may request to the State or political subdivision that tribal government offices or Federal facilities, such as Indian Health Service or Bureau of Indian Affairs facilities, be designated as polling places or voter registration agencies under section 7 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506 ) provided that the tribal government office or Federal facility meets the requirements of Federal and State law applied to other polling places or voter registration agencies within the State or political subdivision. If a State or political subdivision requires an individual to present identification for the purposes of voting or registering to vote, a tribal identification card shall be treated as a valid form of identification for such purposes. The government of an Indian tribe or the Attorney General of the United States may bring a civil action against a State or political subdivision, as the case may be, or against an appropriate State or political subdivision officer acting in an official capacity in an appropriate United States district court for such declaratory or injunctive relief as may be necessary to effectuate the provisions of this section. Nothing in this Act shall invalidate, or limit the rights, remedies, or procedures available under, or supersede, restrict, or limit the application of, 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 Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ), or any other Federal law or regulation related to voting or the electoral process.

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Sec. 4

Designation of tribal polling places

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