Sec. 5. Determination of voting rights violation
362 words·~2 min read·
/bill/117/hr/1366/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of this Act, 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 age, in violation of the Twenty-sixth 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 age, in violation of section 3.
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(b), 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interposed an objection under section 3(b) (and the objection has not been overturned by a final judgment of a court or withdrawn by the Attorney General), and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting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.
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. The Attorney General shall make the list required under clause
(i)public on the internet website of the Department of Justice. A determination or certification of the Attorney General under this section shall be effective upon publication in the Federal Register.