Sec. 5. Criteria for coverage of States and political subdivisions
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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— fifteen or more voting rights violations occurred in the State during the previous 25 calendar years; ten 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); or three or more voting rights violations occurred in the State during the previous 25 calendar years and the State itself administers the elections in the State or political subdivisions in which the voting rights violations occurred. Subsection
(a)applies with respect to a political subdivision as a separate unit during a calendar year if three 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: Any final judgment, or any preliminary, temporary, or declaratory relief (that was not reversed on appeal), in which the plaintiff prevailed or a court of the United States found that the plaintiff demonstrated a likelihood of success on the merits or raised a serious question with regard to race discrimination, in which any court of the United States 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 occurred, or that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting created an undue burden on the right to vote in connection with a claim that the law unduly burdened voters of a particular race, color, or language minority group, in violation of the 14th or 15th Amendment, anywhere within the State or subdivision. Any final judgment, or any preliminary, temporary, or declaratory relief (that was not reversed on appeal) in which the plaintiff prevailed or a court of the United States found that the plaintiff demonstrated a likelihood of success on the merits or raised a serious question with regard to race discrimination, in which any court of the United States 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 4(e) or 4(f) or section 2, 201, or 203 of this Act. In a final judgment (that was 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 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 violation per this subsection has not occurred where an objection has been withdrawn by the Attorney General, unless the withdrawal was in response to a change in the law or practice that served as the basis of the objection. A violation under this subsection has not occurred where the objection is based solely on a State or political subdivision’s failure to comply with a procedural process that would not otherwise constitute an independent violation of this act. A consent decree, settlement, or other agreement was adopted or entered by a court of the United States or contained an admission of liability by the defendants, which resulted in the alteration or abandonment of a voting practice anywhere in the territory of such State or subdivision 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 4(e) or 4(f) or section 2, 201, or 203 of this Act, or the 14th or 15th Amendment. An extension or modification of an agreement as defined by this subsection that has been in place for ten years or longer shall count as an independent violation. If a court of the United States finds that an agreement itself as defined by this subsection 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, violated subsection 4(e) or 4(f) or section 2, 201, or 203 of this Act, or created an undue burden on the right to vote in connection with a claim that the consent decree, settlement, or other agreement unduly burdened voters of a particular race, color, or language minority group, that finding shall count as an independent violation. Each voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting, including each redistricting plan, found to be a violation by a court of the United States pursuant to subsection
(a)or (b), or prevented from enforcement pursuant to subsection
(c)or (d), or altered or abandoned pursuant to subsection
(e)shall count as an independent violation. Within a redistricting plan, each violation found to discriminate against any group of voters based on race, color, or language minority group shall count as an independent violation. 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), . Section 4 of the Voting Rights Act of 1965 ( 52 U.S.C. 10303 ) is amended by adding at the end the following: After making a determination under subsection (b)(1)(A) that the provisions of subsection
(a)apply with respect to a State and all political subdivisions within the State, the Attorney General shall determine if any political subdivision of the State is eligible for an exemption under this subsection, and shall publish, in the Federal Register, a list of all such political subdivisions. Any political subdivision included on such list is not subject to any requirement under section 5 until the date on which any application under this section has been finally disposed of or no such application may be made. Nothing in this subsection may be construed to provide— that the determinations made pursuant to the creation of the list shall have any binding or preclusive effect; or that inclusion on the list— constitutes a final determination by the Attorney General that the listee is eligible for an exemption pursuant to this subsection or that, in the case of the listee, the provisions of subparagraphs
(A)through
(F)of subsection (a)(1) are satisfied; or entitles the listee to any exemption pursuant to this subsection. A political subdivision that submits an application under paragraph
(3)shall be eligible for an exemption under this subsection only if, during the ten years preceding the filing of the application, and during the pendency of such application— no test or device referred to in subsection (a)(1) has been used within such political subdivision for the purpose or with the effect of denying or abridging the right to vote on account of race or color or in contravention of the guarantees of subsection (f)(2); no final judgment of any court of the United States, other than the denial of declaratory judgment under this section, has determined that denials or abridgements of the right to vote on account of race or color have occurred anywhere in the territory of such political subdivision or that denials or abridgements of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such subdivision and no consent decree, settlement, or agreement has been entered into resulting in any abandonment of a voting practice challenged on such grounds; and no declaratory judgment under this section shall be entered during the pendency of an action commenced before the filing of an action under this section and alleging such denials or abridgements of the right to vote; no Federal examiners or observers under this Act have been assigned to such political subdivision; such political subdivision and all governmental units within its territory have complied with section 5 of this Act, including compliance with the requirement that no change covered by section 5 has been enforced without preclearance under section 5, and have repealed all changes covered by section 5 to which the Attorney General has successfully objected or as to which the United States District Court for the District of Columbia has denied a declaratory judgment; the Attorney General has not interposed any objection (that has not been overturned by a final judgment of a court) and no declaratory judgment has been denied under section 5, with respect to any submission by or on behalf of the plaintiff or any governmental unit within its territory under section 5, and no such submissions or declaratory judgment actions are pending; and such political subdivision and all governmental units within its territory— have eliminated voting procedures and methods of election which inhibit or dilute equal access to the electoral process; have engaged in constructive efforts to eliminate intimidation and harassment of persons exercising rights protected under this Act; and have engaged in other constructive efforts, such as expanded opportunity for convenient registration and voting for every person of voting age and the appointment of minority persons as election officials throughout the jurisdiction and at all stages of the election and registration process. Not later than 90 days after the publication of the list under paragraph (1), a political subdivision included on such list may submit an application, containing such information as the Attorney General may require, for an exemption under this subsection. The Attorney General shall provide notice in the Federal Register of such application. During the 90-day period beginning on the date that notice is published under paragraph (3), the Attorney General shall give interested persons an opportunity to submit objections to the issuance of an exemption under this subsection to a political subdivision on the basis that the political subdivision is not eligible under paragraph
(2)to the Attorney General. During the 1 year period beginning on the effective date of this subsection, such 90-day period shall be extended by an additional 30 days. The Attorney General shall notify the political subdivision of each objection submitted and afford the political subdivision an opportunity to respond. In the case of a political subdivision with respect to which an objection has been submitted under paragraph (4), the following shall apply: The Attorney General shall consider and respond to each such objection (and any response of the political subdivision thereto) during the 60 day period beginning on the day after the comment period under paragraph
(4)concludes. If the Attorney General determines that any such objection is justified, the Attorney General shall publish notice in the Federal Register denying the application for an exemption under this subsection. If the Attorney General determines that no objection submitted is justified, each person that submitted such an objection may, not later than 90 days after the end of the period established under subparagraph (A), file, in the District Court of the District of Columbia, an action for judicial review of such determination in accordance with chapter 7 of title 5, United States Code. The Attorney General may issue an exemption, by publication in the Federal Register, from the application of the provisions of subsection
(a)with respect to a political subdivision that— is eligible under paragraph (2); and with respect to which no objection under was submitted under paragraph
(4)or determined to be justified under paragraph (5). Except as otherwise explicitly provided in this subsection, no determination under this subsection shall be subject to review by any court, and all determinations under this subsection are committed to the discretion of the Attorney General. If a political subdivision was not subject to the application of the provisions of subsection
(a)by reason of a declaratory judgment entered prior to the effective date of this subsection, and such political subdivision has not violated any eligibility requirement set forth in paragraph
(2)at any time thereafter, then that political subdivision shall not be subject to the requirements of subsection (a). . Section 4(a)(1) of the Voting Rights Act of 1965 ( 52 U.S.C. 10303(a)(1) ), as amended by this Act, is further amended by inserting after the United States District Court for the District of Columbia issues a declaratory judgment under this section the following: , or, in the case of a political subdivision, the Attorney General issues an exemption under subsection
(g). On the date that is 1 year after the effective date of this subsection, section 4(g)(3) of the Voting Rights Act of 1965 ( 52 U.S.C. 10303(g)(3) ) is amended by striking During the 1 year period beginning on the effective date of this subsection, such 90-day period shall be extended by an additional 30 days. . For purposes of any periods under such section commenced as of such date, the 90-day period shall remain extended by an additional 30 days.
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Sec. 5
Criteria for coverage of States and political subdivisions
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