Sec. 3. Criteria for coverage of States and political subdivisions
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/bill/116/hr/4/rh/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
a ) Section 4(b) of the Voting Rights Act of 1965 ( 52 U.S.C. 10303(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— 15 or more voting rights violations occurred in the State during the previous 25 calendar years; or 10 or more voting rights violations occurred in the State during the previous 25 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 as a separate unit during a calendar year if 3 or more voting rights violations occurred in the subdivision during the previous 25 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; and that ends on the date which is 10 years after the date described in clause (i). 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 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, color, or membership in a language minority group, in violation of subsection
(e)or (f), or section 2 or 203 of this Act. 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. A consent decree, settlement, or other agreement was entered into, which resulted in the alteration or abandonment 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 subsection
(e)or (f), or section 2 or 203 of this Act, or the 14th or 15th Amendment. As early as practicable during each calendar year, the Attorney General shall make the determinations required by this subsection, including updating the list of voting rights violations occurring in each State and political subdivision for the previous calendar year. 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. . Section 4(a) of such Act ( 52 U.S.C. 10303(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) ; by striking paragraphs
(7)and (8); and by redesignating paragraph
(9)as paragraph (7). 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), .
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Sec. 3
Criteria for coverage of States and political subdivisions
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