Sec. 7. Tribal preclearance
549 words·~2 min read·
/bill/115/s/3543/is/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No State or political subdivision may carry out any of the following activities unless the requirements of subsection
(b)have been met: Eliminating the only polling place or voter registration site on the Indian lands of an Indian Tribe. Moving or consolidating a polling place or voter registration site on the Indian lands of an Indian Tribe to a location 1 mile or further from the existing location of the polling place or voter registration site. Moving or consolidating a polling place on the Indian lands of an Indian Tribe to a location across a river, lake, mountain, or other natural boundary such that it makes travel difficult for a voter, regardless of distance. Eliminating in-person voting on the Indian lands of an Indian Tribe by designating an Indian reservation as a permanent absentee voting location, unless— the entire State is or becomes a permanent absentee voting State; or the Indian Tribe requests such a designation. Removing an early voting location or otherwise diminishing early voting opportunities on Indian lands. Decreasing the number of days or hours that an in-person or early voting location is open on the Indian lands of an Indian Tribe or changing the dates of in-person or early voting on the Indian lands of an Indian Tribe. The requirements of this subsection have been met if— the impacted Tribal Government submits to the Attorney General the Tribal Government's written consent to the proposed activity described in subsection (a); the State or political subdivision institutes an action in the United States District Court for the District of Columbia for a declaratory judgment, and a declaratory judgment is issued, establishing that the specified activity described in subsection
(a)that the State or political subdivision desires to carry out neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color, or membership in a language minority group; or the chief legal officer or other appropriate official of such State or political subdivision submits a request to carry out the specified activity described in subsection
(a)to the Attorney General and the Attorney General has not interposed an objection within 60 days after such submission, or upon good cause shown, to facilitate an expedited approval within 60 days after such submission, the Attorney General has affirmatively indicated 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 judgment entered under this section, nor a written consent issued under paragraph (1)(A) shall bar a subsequent action to enjoin enforcement of an activity described in subsection (a). In the event the Attorney General affirmatively indicates that no objection will be made within the 60-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to the Attorney General’s attention during 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 3 judges in accordance with the provisions of section 2284 of title 28 of the United States Code and any appeal shall lie to the Supreme Court.