Sec. 105. Determination of States and Political Subdivisions Subject to Preclearance for Covered Practices
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The Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ) is further amended by inserting after section 4 the following: Each State and each political subdivision shall— identify any newly enacted or adopted law, regulation, or policy that includes a voting qualification or prerequisite to voting, or a standard, practice, or procedure with respect to voting, that is a covered practice described in subsection (b); and ensure that no such covered practice is implemented unless or until the State or political subdivision, as the case may be, complies with subsection (c).
As early as practicable during each calendar year, the Attorney General, in consultation with the Director of the Bureau of the Census and the heads of other relevant offices of the government, shall make the determinations required by this section regarding voting-age populations and the characteristics of such populations, and shall publish a list of the States and political subdivisions to which a voting-age population characteristic described in subsection
(b)applies. A determination (including a certification) of the Attorney General under this paragraph shall be effective upon publication in the Federal Register. To assure that the right of citizens of the United States to vote is not denied or abridged on account of race, color, or membership in a language minority group as a result of the implementation of certain qualifications or prerequisites to voting, or standards, practices, or procedures with respect to voting, newly adopted in a State or political subdivision, the following shall be covered practices subject to the requirements described in subsection (a): Any change to the method of election— to add seats elected at-large in a State or political subdivision where— two or more racial groups or language minority groups each represent 20 percent or more of the voting-age population in the State or political subdivision, respectively; or a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the State or political subdivision; or to convert one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district in a State or political subdivision where— two or more racial groups or language minority groups each represent 20 percent or more of the voting-age population in the State or political subdivision, respectively; or a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the State or political subdivision. Any change or series of changes within a year to the boundaries of a political subdivision that reduces by 3 or more percentage points the percentage of the political subdivision's voting-age population that is comprised of members of a single racial group or language minority group in the political subdivision where— two or more racial groups or language minority groups each represent 20 percent or more of the political subdivision’s voting-age population; or a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision. Any change to the boundaries of districts for Federal, State, or local elections in a State or political subdivision where any racial group or language minority group that is not the largest racial group or language minority group in the jurisdiction and that represents 15 percent or more of the State or political subdivision’s voting-age population experiences a population increase of at least 20 percent of its voting-age population, over the preceding decade (as calculated by the Bureau of the Census under the most recent decennial census), in the jurisdiction. Any change to requirements for documentation or proof of identity to vote or register to vote in elections for Federal, State, or local offices that will exceed or be more stringent than such requirements under State law on the day before the date of enactment of the John R. Lewis Voting Rights Advancement Act of 2024. Any change that reduces multilingual voting materials or alters the manner in which such materials are provided or distributed, where no similar reduction or alteration occurs in materials provided in English for such election. Any change that reduces, consolidates, or relocates voting locations in elections for Federal, State, or local office, including early, absentee, and election-day voting locations, or reduces days or hours of in-person voting on any Sunday during a period occurring prior to the date of an election for Federal, State, or local office during which voters may cast ballots in such election, or prohibits the provision of food or non-alcoholic drink to persons waiting to vote in an election for Federal, State, or local office, except where the provision would violate prohibitions on expenditures to influence voting, if the location change, reduction in days or hours, or prohibition applies— in one or more census tracts in which two or more language minority groups or racial groups each represent 20 percent or more of the voting-age population; or on Indian lands in which at least 20 percent of the voting-age population belongs to a single language minority group. Any change to the maintenance process for voter registration lists that adds a new basis for removal from the list of active voters registered to vote in elections for Federal, State, or local office, or that incorporates new sources of information in determining a voter’s eligibility to vote in elections for Federal, State, or local office, if such a change would have a statistically significant disparate impact, concerning the removal from voter rolls, on members of racial groups or language minority groups that constitute greater than 5 percent of the voting-age population— in the case of a political subdivision imposing such change if— two or more racial groups or language minority groups each represent 20 percent or more of the voting-age population of the political subdivision; or a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision; or in the case of a State imposing such change, if two or more racial groups or language minority groups each represent 20 percent or more of the voting-age population of— the State; or a political subdivision in the State, except that the requirements under subsections
(a)and
(c)shall apply only with respect to each such political subdivision individually. Whenever a State or political subdivision with respect to which the requirements set forth in subsection
(a)are in effect shall enact, adopt, or seek to implement any covered practice described under subsection (b), such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such covered practice neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group, and unless and until the court enters such judgment such covered practice shall not be implemented. Notwithstanding subparagraph (A), such covered practice may be implemented without such proceeding if the covered practice has been submitted by the chief legal officer or other appropriate official of such State or subdivision 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. For purposes of determining whether expedited consideration of approval is required under this subparagraph or section 5(a), an exigency such as a natural disaster, that requires a change in a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting during the period of 30 days before a Federal election, shall be considered to be good cause requiring that expedited consideration. 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 subsection shall bar a subsequent action to enjoin implementation of such covered practice. 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 subsection. Any action under this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court. Any covered practice described in subsection
(b)that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of paragraph (1). The term purpose in paragraphs
(1)and
(2)shall include any discriminatory purpose. The purpose of paragraph
(2)is to protect the ability of such citizens to elect their preferred candidates of choice. The Attorney General or any aggrieved citizen may file an action in a district court of the United States to compel any State or political subdivision to satisfy the obligations set forth in this section. Such an action shall be heard and determined by a court of three judges under section 2284 of title 28, United States Code. In any such action, the court shall provide as a remedy that implementation of any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting, that is the subject of the action under this subsection be enjoined unless the court determines that— the voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting, is not a covered practice described in subsection (b); or the State or political subdivision has complied with subsection
(c)with respect to the covered practice at issue. For purposes of this section, the calculation of the population of a racial group or a language minority group shall be carried out using the methodology in the guidance of the Department of Justice entitled Guidance Concerning Redistricting Under Section 5 of the Voting Rights Act; Notice (76 Fed. Reg. 7470 (February 9, 2011)). For purposes of determinations under this section, any data provided by the Bureau of the Census, whether based on estimation from a sample or actual enumeration, shall not be subject to challenge or review in any court. In this section, the term multilingual voting materials means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, provided in the language or languages of one or more language minority groups. .
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- 76 FR 7470
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Sec. 105
Determination of States and Political Subdivisions Subject to Preclearance for Covered Practices
Fed. Reg.76 FR 7470
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