Sec. 113. Enforcement of Voting Rights by Attorney General
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Section 12 of the Voting Rights Act of 1965 ( 52 U.S.C. 10308 ), as amended by this Act, is further amended by adding at the end the following: In order to fulfill the Attorney General’s responsibility to enforce this Act and other Federal laws that protect the right to vote, the Attorney General (or upon designation by the Attorney General, the Assistant Attorney General for Civil Rights) is authorized, before commencing a civil action, to issue a demand for inspection and information in writing to any State or political subdivision, or other governmental representative or agent, with respect to any relevant documentary material that the Attorney General has reason to believe is within their possession, custody, or control.
A demand by the Attorney General under this subsection may require— the production of such documentary material for inspection and copying; answers in writing to written questions with respect to such documentary material; or both the production described under subparagraph
(A)and the answers described under subparagraph (B). Any demand issued under paragraph (1), shall include a sworn certificate to identify the voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting, or other voting related matter or issue, whose lawfulness the Attorney General is investigating and to identify the Federal law that protects the right to vote under which the investigation is being conducted. The demand shall be reasonably calculated to lead to the discovery of documentary material and information relevant to such investigation. Documentary material includes any material upon which relevant information is recorded, and includes written or printed materials, photographs, tapes, or materials upon which information is electronically or magnetically recorded. Such demands shall be aimed at the Attorney General having the ability to inspect and obtain copies of relevant materials (as well as obtain information) related to voting and are not aimed at the Attorney General taking possession of original records, particularly those that are required to be retained by State and local election officials under Federal or State law. Any demand issued under paragraph
(1)may not require the production of any documentary material or the submission of any answers in writing to written questions if such material or answers would be protected from disclosure under the standards applicable to discovery requests under the Federal Rules of Civil Procedure in an action in which the Attorney General or the United States is a party. If the demand issued under paragraph
(1)requires the production of documentary material, it shall— identify the class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified; and prescribe a return date for production of the documentary material at least 20 days after issuance of the demand to give the State or political subdivision, or other governmental representative or agent, a reasonable period of time for assembling the documentary material and making it available for inspection and copying. If the demand issued under paragraph
(1)requires answers in writing to written questions, it shall— set forth with specificity the written question to be answered; and prescribe a date at least 20 days after the issuance of the demand for submitting answers in writing to the written questions. A demand issued under paragraph
(1)may be served by a United States marshal or a deputy marshal, or by certified mail, at any place within the territorial jurisdiction of any court of the United States. A State or political subdivision, or other governmental representative or agent, shall, with respect to any documentary material or any answer in writing produced under this subsection, provide a sworn certificate, in such form as the demand issued under paragraph
(1)designates, by a person having knowledge of the facts and circumstances relating to such production or written answer, authorized to act on behalf of the State or political subdivision, or other governmental representative or agent, upon which the demand was served. The certificate— shall state that— all of the documentary material required by the demand and in the possession, custody, or control of the State or political subdivision, or other governmental representative or agent, has been produced; with respect to every answer in writing to a written question, all information required by the question and in the possession, custody, control, or knowledge of the State or political subdivision, or other governmental representative or agent, has been submitted; or the requirements described in both clause
(i)and clause
(ii)have been met; or provide the basis for any objection to producing the documentary material or answering the written question. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished. Whenever any State or political subdivision, or other governmental representative or agent, fails to comply with demand issued by the Attorney General under paragraph (1), the Attorney General may file, in a district court of the United States in which the State or political subdivision, or other governmental representative or agent, is located, a petition for a judicial order enforcing the Attorney General demand issued under paragraph (1). Any State or political subdivision, or other governmental representative or agent, that is served with a demand issued by the Attorney General under paragraph
(1)may file in the United States District Court for the District of Columbia a petition for an order of the court to modify or set aside the demand of the Attorney General. Any petition to modify or set aside a demand of the Attorney General issued under paragraph
(1)must be filed within 20 days after the date of service of the Attorney General’s demand or at any time before the return date specified in the Attorney General’s demand, whichever date is earlier. The petition shall specify each ground upon which the petitioner relies in seeking relief under clause (i), and may be based upon any failure of the Attorney General’s demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the State or political subdivision, or other governmental representative or agent. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the Attorney General’s demand, in whole or in part, except that the State or political subdivision, or other governmental representative or agent, filing the petition shall comply with any portions of the Attorney General’s demand not sought to be modified or set aside. .
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Sec. 113
Enforcement of Voting Rights by Attorney General
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