H.R. 4 — what changed
Voting Rights Advancement Act of 2019
From Introduced in House to Reported in House. 4 sections amended and 1 added between Introduced in House and Reported in House.
5. Promoting transparency to enforce the Voting Rights Act
“6. Transparency regarding changes to protect voting rights
“(a) Notice of enacted changes
“(1) Notice of Changes—If a State or political subdivision makes any change in any prerequisite to voting or standard, practice, or procedure with respect to voting in any election for Federal office that will result in the prerequisite, standard, practice, or procedure being different from that which was in effect as of 180 days before the date of the election for Federal office, the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, of a concise description of the change, including the difference between the changed prerequisite, standard, practice, or procedure and the prerequisite, standard, practice, or procedure which was previously in effect. The public notice described in this paragraph, in such State or political subdivision and on the Internet, shall be in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.
“(2) Deadline for notice—A State or political subdivision shall provide the public notice required under paragraph (1) not later than 48 hours after making the change involved.
“(b) Transparency Regarding Polling Place Resources
“(1) In general—In order to identify any changes that may impact the right to vote of any person, prior to the 30th day before the date of an election for Federal office, each State or political subdivision with responsibility for allocating registered voters, voting machines, and official poll workers to particular precincts and polling places shall provide reasonable public notice in such State or political subdivision and on the Internet, of the information described in paragraph (2) for precincts and polling places within such State or political subdivision. The public notice described in this paragraph, in such State or political subdivision and on the Internet, shall be in a format that is reasonably convenient and accessible to voters with disabilities including voters who have low vision or are blind.
“(2) Information described—The information described in this paragraph with respect to a precinct or polling place is each of the following:
“(A) The name or number.
“(B) In the case of a polling place, the location, including the street address, and whether such polling place is accessible to persons with disabilities.
“(C) The voting-age population of the area served by the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision.
“(D) The number of registered voters assigned to the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision.
“(E) The number of voting machines assigned, including the number of voting machines accessible to voters with disabilities, including voters who have low vision or are blind.
“(F) The number of official paid poll workers assigned.
“(G) The number of official volunteer poll workers assigned.
“(H) In the case of a polling place, the dates and hours of operation.
“(3) Updates in information reported—If a State or political subdivision makes any change in any of the information described in paragraph (2), the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, of the change in the information not later than 48 hours after the change occurs or, if the change occurs fewer than 48 hours before the date of the election for Federal office, as soon as practicable after the change occurs. The public notice described in this paragraph in such State or political subdivision and on the Internet shall be in a format that is reasonably convenient and accessible to voters with disabilities including voters who have low vision or are blind.
“(c) Transparency of Changes Relating to Demographics and Electoral Districts
“(1) Requiring public notice of changes—Not later than 10 days after making any change in the constituency that will participate in an election for Federal, State, or local office or the boundaries of a voting unit or electoral district in an election for Federal, State, or local office (including through redistricting, reapportionment, changing from at-large elections to district-based elections, or changing from district-based elections to at-large elections), a State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, of the demographic and electoral data described in paragraph (3) for each of the geographic areas described in paragraph (2).
“(2) Geographic areas described—The geographic areas described in this paragraph are as follows:
“(A) The State as a whole, if the change applies statewide, or the political subdivision as a whole, if the change applies across the entire political subdivision.
“(B) If the change includes a plan to replace or eliminate voting units or electoral districts, each voting unit or electoral district that will be replaced or eliminated.
“(C) If the change includes a plan to establish new voting units or electoral districts, each such new voting unit or electoral district.
“(3) Demographic and electoral data—The demographic and electoral data described in this paragraph with respect to a geographic area described in paragraph (2) are each of the following:
“(A) The voting-age population, broken down by demographic group.
“(B) If it is reasonably available to the State or political subdivision involved, an estimate of the population of the area which consists of citizens of the United States who are 18 years of age or older, broken down by demographic group.
“(C) The number of registered voters, broken down by demographic group if such breakdown is reasonably available to the State or political subdivision involved.
“(D)
“(i) If the change applies to a State, the actual number of votes, or (if it is not reasonably practicable for the State to ascertain the actual number of votes) the estimated number of votes received by each candidate in each statewide election held during the 5-year period which ends on the date the change involved is made; and
“(ii) if the change applies to only one political subdivision, the actual number of votes, or (if it is not reasonably practicable for the political subdivision to ascertain the actual number of votes) in each subdivision-wide election held during the 5-year period which ends on the date the change involved is made.
changed
“(4) Voluntary Compliance by Smaller Jurisdictions—Compliance smaller jurisdictions—Compliance with this subsection shall be voluntary for a political subdivision of a State unless the subdivision is one of the following:
“(A) A county or parish.
“(B) A municipality with a population greater than 10,000, as determined by the Bureau of the Census under the most recent decennial census.
“(C) A school district with a population greater than 10,000, as determined by the Bureau of the Census under the most recent decennial census. For purposes of this subparagraph, the term school district means the geographic area under the jurisdiction of a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965).
“(d) Rules Regarding Format of Information—The Attorney General may issue rules specifying a reasonably convenient and accessible format that States and political subdivisions shall use to provide public notice of information under this section.
changed
“(e) No denial of right To to vote—The right to vote of any person shall not be denied or abridged because the person failed to comply with any change made by a State or political subdivision to a voting qualification, standard, practice, or procedure if the State or political subdivision involved did not meet the applicable requirements of this section with respect to the change.
“(f) Definitions—In this section—
“(1) the term demographic group means each group which section 2 protects from the denial or abridgement of the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2);
“(2) the term election for Federal office means any general, special, primary, or runoff election held solely or in part for the purpose of electing any candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress; and
“(3) the term persons with disabilities, means individuals with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990.”
6. Authority to assign observers
changed
“(B) in the Attorney General's judgment, the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th Amendment or any provision of this Act or any other Federal law protecting the right of citizens of the United States to vote;”vote; or”
“(3) the Attorney General certifies with respect to a political subdivision that—
“(A) the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to violate section 203 are likely to occur; or
changed
“(B) in the Attorney General’s judgment, the assignment of observers is necessary to enforce the guarantees of section 203.”203;”
7. Preliminary Injunctive relief
“(2)
“(A) In any action for preliminary relief described in this subsection, the court shall grant the relief if the court determines that the complainant has raised a serious question whether the challenged voting qualification or prerequisite to voting or standard, practice, or procedure violates this Act or the Constitution and, on balance, the hardship imposed upon the defendant by the grant of the relief will be less than the hardship which would be imposed upon the plaintiff if the relief were not granted. In balancing the harms, the court shall give due weight to the fundamental right to cast an effective ballot.
“(B) In making its determination under this paragraph with respect to a change in any voting qualification, prerequisite to voting, or standard, practice, or procedure with respect to voting, the court shall consider all relevant factors and give due weight to the following factors, if they are present:
“(i) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change was adopted as a remedy for a Federal court judgment, consent decree, or admission regarding—
“(I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment;
“(II) a violation of this Act; or
“(III) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law.
“(ii) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging—
“(I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment;
“(II) a violation of this Act; or
“(III) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law.
“(iii) Whether the change was adopted fewer than 180 days before the date of the election with respect to which the change is to take effect.
“(iv) Whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable Federal or State law.”
added “(3) A jurisdiction’s inability to enforce its voting or election laws, regulations, policies, or redistricting plans, standing alone, shall not be deemed to constitute irreparable harm to the public interest or to the interests of a defendant in an action arising under the U.S. Constitution or any Federal law that prohibits discrimination on the basis of race, color, or membership in a language minority group in the voting process, for the purposes of determining whether a stay of a court’s order or an interlocutory appeal under section 1253 of title 28, United States Code, is warranted.”
9. Attorneys’ fees
added Section 14(c) of the Voting Rights Act of 1965 (52 U.S.C. 10310(c)) is amended by adding at the end the following:
added “(4) The term prevailing party means a party to an action that receives at least some of the benefit sought by such action, states a colorable claim, and can establish that the action was a significant cause of a change to the status quo.”
removed
“(e) The term applicable date of coverage means, with respect to a State or political subdivision—
removed
“(1) June 25, 2013, if the most recent determination for such State or subdivision under section 4(b) was made on or before December 31, 2015; or
removed
“(2) the date on which the most recent determination for such State or subdivision under section 4(b) was made, if such determination was made after December 31, 2015.”
10. Other technical and conforming amendments
addedadded “(e) The term applicable date of coverage means, with respect to a State or political subdivision—
added “(1) June 25, 2013, if the most recent determination for such State or subdivision under section 4(b) was made on or before December 31, 2019; or
added “(2) the date on which the most recent determination for such State or subdivision under section 4(b) was made, if such determination was made after December 31, 2019.”