[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1694 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1694
To protect the voting rights of Native American and Alaska Native
voters.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2019
Mr. Lujan (for himself, Ms. Haaland, Ms. Davids of Kansas, Mr. Gallego,
Ms. McCollum, Mr. Cole, Mr. Clyburn, Mr. Nadler, Mr. O'Halleran, Mr.
Huffman, Ms. Moore, Ms. Norton, Mrs. Torres of California, Mr. Soto,
Mr. Blumenauer, Mr. Ruiz, Mr. Cohen, Mr. Khanna, Mr. Aguilar, Ms.
Sewell of Alabama, Ms. Bass, Mr. Pocan, Mr. Carbajal, Mr. Kilmer, Mr.
Cardenas, Mr. Espaillat, Ms. Kuster of New Hampshire, Mrs. Kirkpatrick,
Ms. Roybal-Allard, Ms. Omar, Mr. Ted Lieu of California, Mr. Raskin,
Mr. Sires, Mr. DeFazio, Mr. Smith of Washington, Mr. Case, Mr. Peters,
Ms. Jackson Lee, Ms. Torres Small of New Mexico, Ms. Schakowsky, Mr.
Pallone, Ms. Clark of Massachusetts, Mr. Cicilline, Mr. Cartwright, Ms.
Titus, Ms. Meng, Mrs. Bustos, Ms. Kelly of Illinois, Mr. Allred, Ms.
Wasserman Schultz, Mr. Heck, Mrs. Dingell, Mr. Rouda, Ms. Wild, Mr.
Stanton, Mr. Tonko, Mr. Butterfield, Mr. Larsen of Washington, Mr.
Casten of Illinois, Mr. Meeks, Mr. Hastings, Mr. Danny K. Davis of
Illinois, Mr. Evans, Mrs. Lawrence, Ms. Lee of California, Mr. Crist,
Ms. Gabbard, Mr. Courtney, Ms. Sanchez, Ms. Lofgren, Mr. Himes, Ms.
Clarke of New York, Mr. Jeffries, Mr. San Nicolas, Ms. Hill of
California, and Mr. Neal) introduced the following bill; which was
referred to the Committee on House Administration, and in addition to
the Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To protect the voting rights of Native American and Alaska Native
voters.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Voting Rights Act of
2019''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Constitution explicitly and implicitly grants
Congress broad general powers to legislate on issues relating
to Indian Tribes, powers consistently described as plenary and
exclusive. These powers arise from the grant of authority in
the Indian Commerce Clause and through legislative matters
arising under the Treaty Clause.
(2) The Federal Government is responsible for upholding the
obligations that the Federal Government has agreed to through
treaties, legislation, and executive orders, referred to as the
Federal trust responsibility toward Indian Tribes and their
members.
(3) The Supreme Court has repeatedly relied on the nature
of this ``government to government'' relationship between the
United States and sovereign Indian Tribes for congressional
authority to enact ``legislation that singles out Indians for
particular and special treatment.'' Morton v. Mancari, 417 U.S.
535, 554-555 (1974).
(4) Legislation removing barriers to Native American voting
is vital for the fulfillment of Congress' ``unique obligation''
toward Indians, particularly ensuring that Native American
voters are fully included as ``qualified members of the modern
body politic.'' Board of County Comm'rs v. Seber, 318 U.S. 705,
715 (1943).
(5) Under the Elections Clause of article I, section 4 of
the Constitution, Congress has additional power to regulate any
election conducted at least in part to select Members of
Congress. Taken together, the Indian Commerce Clause and the
Election Clause give Congress broad authority to enact
legislation to safeguard the voting rights of Native American
voters.
(6) Despite Congress' decision to grant Native Americans
Federal citizenship, and with it the protections of the
Fifteenth Amendment, with passage of the Act of June 2, 1924
(Public Law 68-233; 43 Stat. 253) (commonly known as the
``Indian Citizenship Act of 1924''), States continued to deploy
distinct methods for disenfranchising Indians by enacting
statutes to exclude from voter rolls Indians living on
reservations, requiring that Indians first terminate their
relationship with their Indian Tribe, restricting the right to
vote on account of a Tribal member's ``guardianship'' status,
and imposing literacy tests.
(7) Barriers to voter access for Native Americans persist
today, and such barriers range from obstructing voter access,
to vote dilution and intentional malapportionment of electoral
districts.
(8) The Native American Voting Rights Coalition's recent 9
field hearings in Indian Country and 4-State survey of voter
discrimination revealed a number of additional obstacles that
Native Americans must overcome in some States, including--
(A) a lack of accessible registration and polling
sites, either due to conditions such as geography, lack
of paved roads, the absence of reliable and affordable
broadband connectivity, and restrictions on the time
and place that people can register and vote, and the
manner in which people can register and vote, including
unequal opportunities for absentee, early, mail-in, and
in-person voting;
(B) nontraditional addresses for residents on
Indian reservations, which make voter registration,
acquisition of mail-in ballots, and securing required
identification difficult, if not impossible;
(C) inadequate language assistance for Tribal
members, including lack of outreach and publicity, the
failure to provide complete, accurate, and uniform
translations of all voting materials in the relevant
Native language, and an insufficient number of trained
bilingual poll workers; and
(D) voter identification laws that discriminate
against Native Americans.
(9) The Department of Justice and courts have also
recognized that some jurisdictions have been unresponsive to
reasonable requests from federally recognized Indian Tribes for
more accessible voter registration sites and in-person voting
locations.
(10) According to the National Congress of American
Indians, there is a wide gap between the voter registration and
turnout rates of eligible American Indians and Alaska Natives,
and the voter registration and turnout rates of non-Hispanic
White and other racial and ethnic groups.
(11) Despite these obstacles, the Native American vote
continues to play a significant role in national, State, and
local elections.
(12) In Alaska, New Mexico, Oklahoma, and South Dakota,
Native Americans comprise approximately 10 percent or more of
the voting population.
(13) The Native American vote also holds great potential,
with over 1,000,000 voters who are eligible to vote, but are
not registered to vote.
(b) Purposes.--The purposes of this Act are--
(1) to fulfill the Federal Government's trust
responsibility to protect and promote Native Americans'
exercise of their constitutionally guaranteed right to vote,
including the right to register to vote and the ability to
access all mechanisms for voting;
(2) to establish preclearance procedures for a specific
subset of State actions that have been used to restrict access
to the polls on Indian lands;
(3) to expand voter registration under the National Voter
Registration Act of 1993 (52 U.S.C. 20506 et seq.) to cover all
Federal facilities, at the request of the Indian Tribe;
(4) to afford equal treatment to forms of identification
unique to Indian Tribes and their members;
(5) to clarify the obligations of States and political
subdivisions regarding the provision of translated voting
materials for American Indians and Alaska Natives under section
203 of the Voting Rights Act of 1965 (52 U.S.C. 10503);
(6) to provide Tribal leaders with a direct pathway to
request Federal election observers, and to allow public access
to the reports of those election observers; and
(7) to direct the Department of Justice to consult on an
annual basis with Indian Tribes on issues related to voting.
SEC. 3. DEFINITIONS.
In this Act:
(1) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(2) Indian lands.--The term ``Indian lands'' includes--
(A) any Indian country of an Indian Tribe, as
defined under section 1151 of title 18, United States
Code;
(B) any land in Alaska owned, pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), by an Indian Tribe that is a Native village (as
defined in section 3 of that Act (43 U.S.C. 1602)) or
by a Village Corporation that is associated with an
Indian Tribe (as defined in section 3 of that Act (43
U.S.C. 1602));
(C) any land on which the seat of the Tribal
Government is located; and
(D) any land that is part or all of a Tribal
designated statistical area associated with an Indian
Tribe, or is part or all of an Alaska Native village
statistical area associated with an Indian Tribe, as
defined by the Census Bureau for the purposes of the
most recent decennial census.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(4) Tribal government.--The term ``Tribal Government''
means the recognized governing body of an Indian Tribe.
SEC. 4. ESTABLISHMENT OF A NATIVE AMERICAN VOTING TASK FORCE GRANT
PROGRAM.
(a) In General.--The Office for Civil Rights at the Office of
Justice Programs of the Department of Justice (referred to in this
section as the ``Office'') shall establish and administer, in
coordination with the Department of the Interior, a Native American
voting task force grant program, through which the Office shall provide
financial assistance to eligible applicants to enable those eligible
applicants to establish and operate a Native American Voting Task Force
in each State with a federally recognized Indian Tribe.
(b) Purpose.--The purpose of the Native American voting task force
grant program is to--
(1) increase voter outreach, education, registration, and
turnout in Native American communities;
(2) increase access to the ballot for Native American
communities, including additional satellite, early voting, and
absentee voting locations;
(3) streamline and reduce inconsistencies in the voting
process for Native Americans;
(4) provide, in the community's dominant language,
educational materials and classes on Indian lands about
candidacy filing;
(5) train and educate State and local employees, including
poll workers, about--
(A) the language assistance and voter assistance
requirements under sections 203 and 208 of the Voting
Rights Act of 1965 (52 U.S.C. 10503; 10508); and
(B) voter identification laws under section 8 of
this Act;
(6) identify model programs and best practices for
providing language assistance to Native American communities;
(7) provide non-partisan poll watchers on election day in
Native American communities;
(8) participate in and evaluate future redistricting
efforts;
(9) address issues of internet connectivity as it relates
to voter registration and ballot access in Native American
communities; and
(10) facilitate collaboration between local election
officials, Native American communities, and Tribal elections
offices.
(c) Eligible Applicant.--The term ``eligible applicant'' means--
(1) an Indian Tribe;
(2) a Secretary of State of a State, or another official of
a State entity responsible for overseeing elections;
(3) a nonprofit organization that works, in whole or in
part, on voting issues; or
(4) a consortium of one or more of the entities described
in paragraphs (1) through (3).
(d) Application and Selection Process.--
(1) In general.--The Office, in coordination with the
Department of the Interior and following consultation with
Indian Tribes about the implementation of the Native American
voting task force grant program, shall establish guidelines for
the process by which eligible applicants will submit
applications.
(2) Applications.--Each eligible applicant desiring a grant
under this section shall submit an application, according to
the process established under paragraph (1), and at such time,
in such manner, and containing such information as the Attorney
General may require. Such application shall include--
(A) a certification that the applicant is an
eligible applicant;
(B) a proposed work plan addressing how the
eligible applicant will establish and administer a
Native American Voting Task Force that achieves the
purposes described in subsection (b);
(C) if the eligible applicant is a consortium as
described in subsection (c)(4), a description of the
proposed division of responsibilities between the
participating entities; and
(D) an explanation of the time period that the
proposed Native American Voting Task Force will cover,
which shall be a time period that is not more than 3
years.
(e) Uses of Funds.--A grantee receiving funds under this section
shall use such funds to carry out one or more of the activities
described in subsection (b), through the grantee's Native American
Voting Task Force.
(f) Relationship With Other Laws.--Nothing in this section reduces
State or local obligations provided for by the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), the National Voter Registration Act of
1993 (52 U.S.C. 20501 et seq.), the Help America Vote Act of 2002 (52
U.S.C. 20901 et seq.), or any other Federal law or regulation related
to voting or the electoral process.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2020 through 2035.
SEC. 5. TRIBAL DESIGNATED VOTER REGISTRATION SITES.
Section 7(a) of the National Voter Registration Act of 1993 (52
U.S.C. 20506(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(C) at the request of an Indian Tribe, any
Federal facility or federally funded facility that is
primarily engaged in providing services to Indian
Tribes and that provides such services to the
requesting Indian Tribe; and
``(D) at the request of an Indian Tribe, not less
than one Federal facility or federally funded facility
that is located on the Indian lands of the requesting
Indian Tribe (which may be the Federal facility or
federally funded facility described in subparagraph
(C)).''; and
(2) by adding at the end the following:
``(8) Where practicable, each Federal agency that operates
a Federal facility or a federally funded facility that is
subject to the provisions of paragraph (2)(C) or (D), shall
designate one or more special days at a centralized location
within the boundaries of the Indian lands of each applicable
Indian Tribe for the purpose of informing members of the Indian
Tribe of the timing, registration requirements, and voting
procedures in elections for Federal office, at no cost to the
Indian Tribe.''.
SEC. 6. ACCESSIBLE TRIBAL DESIGNATED POLLING SITES.
(a) In General.--
(1) Designation of state officer.--Each of the several
States whose territory contains all or part of an Indian
Tribe's Indian lands shall designate for each Indian Tribe an
officer within that State who will be responsible for
compliance with the provisions of this section. The State shall
provide written notice to each such Indian Tribe of the officer
so designated.
(2) Provision of polling places.--For each Indian Tribe
that satisfies the obligations of subsection (c), and for each
election for a Federal official that is held 180 days or later
after the date on which the Indian Tribe initially satisfies
such obligations, any State or political subdivision whose
territory contains all or part of an Indian Tribe's Indian
lands--
(A) shall provide a minimum of one polling place
for each precinct in which there are eligible voters
who reside on Indian lands, in a location selected by
the Indian Tribe and at no cost to the Indian Tribe;
(B) shall provide, at no cost to the Indian Tribe,
additional polling places in locations selected by an
Indian Tribe if, based on the totality of circumstances
described in subsection (b), it is shown that not
providing those additional polling places would result
in members of the Indian Tribe and individuals residing
on the Indian Tribe's Indian lands having less
opportunity to vote than eligible voters in that State
or political subdivision who are not members of an
Indian Tribe and do not reside on Indian lands;
(C) shall, at each polling place located on Indian
lands and at no cost to the Indian Tribe, make voting
machines, tabulation machines, ballots, provisional
ballots, and other voting materials available to the
same extent that such equipment and materials are made
available at other polling places in the State or
political subdivision that are not located on Indian
lands;
(D) shall, at each polling place located on Indian
lands, conduct the election using the same voting
procedures that are used at other polling places in the
State or political subdivision that are not located on
Indian lands;
(E) shall, at each polling place located on Indian
lands, provide training, compensation, and other
benefits to election officials and poll workers at no
cost to the Indian Tribe and to the same extent that
such training, compensation, and benefits are provided
to election officials and poll workers at other polling
places in the State or political subdivision that are
not located on Indian lands;
(F) shall cooperate in good faith with the efforts
of the Indian Tribe to satisfy the requirements of
subsection (c); and
(G) may fulfill the State's obligations under
subparagraphs (A) and (B) by relocating existing
polling places, by creating new polling places, or
both.
(b) Equitable Opportunities To Vote.--When assessing the
opportunities to vote provided to members of an Indian Tribe and to
other eligible voters in the State residing on Indian lands in order to
determine the number of additional polling places (if any) that a State
or political subdivision must provide in accordance with subsection
(a)(2)(B), the State, political subdivision, and any court applying
this section, shall consider the totality of circumstances of--
(1) the number of voting-age citizens assigned to each
polling place;
(2) the distances that voters must travel to reach the
polling places;
(3) the time that voters must spend traveling to reach the
polling places, including under inclement weather conditions;
(4) the modes of transportation, if any, that are available
to voters to use to reach the polling places;
(5) the existence of and access to public transportation to
the polling places; and
(6) any other factor relevant to effectuating the purposes
of this Act.
(c) Obligations of the Indian Tribe.--
(1) In general.--The State and political subdivision
obligations under subsection (a)(2) shall apply with respect to
an Indian Tribe only if that Indian Tribe files a standing
request with the officer designated under subsection (a)(1) for
a polling place or polling places for future elections,
pursuant to subsection (a)(2)(A), or subsection (a)(2)(B) (if
applicable), which--
(A) specifies the number and locations of such
polling places that the Indian Tribe is requesting;
(B) certifies that the Indian Tribe has arranged
access to the facilities in which such polling places
will be located, and that such access is in accordance
with Federal and State law;
(C) certifies that the Indian Tribe will ensure
that each such polling place will be open and available
to all eligible voters who reside in the precinct or
other geographic area assigned to such polling place,
regardless of whether such eligible voters are members
of the Indian Tribe or of any other Indian Tribe; and
(D) requests that the State shall designate
election officials and poll workers to staff such
polling places, or certifies that the Indian Tribe will
designate election officials and poll workers to staff
such polling places on every day that the polling
places will be open.
(2) Opt out.--At any time that is 60 days or more before
the date of an election, an Indian Tribe that previously has
satisfied the obligations of paragraph (1) may notify the State
that the Indian Tribe intends to opt out of the standing
request for one or more polling places that were requested in
accordance with subsection (a)(2)(A) or subsection (a)(2)(B)
for a particular election or for all future elections.
(d) Federal Polling Sites.--At an Indian Tribe's request, each
State shall designate as voter polling facilities any of the facilities
identified in accordance with section 7(a)(2)(C) or (D) of the National
Voter Registration Act of 1993 (52 U.S.C. 20506(a)(2)), at no cost to
the Indian Tribe, provided that the facility meets the requirements of
Federal and State law as applied to other polling places within the
State or political subdivision. The applicable agency of the Federal
Government shall ensure that such designated facilities are made
available as polling places.
(e) Mail-In Balloting.--In States or political subdivisions that
permit absentee or mail-in balloting, the following shall apply with
respect to an election for Federal office:
(1) All postage shall be prepaid by the Federal Government
and each ballot postmarked the day the ballot is received at a
postal facility located on Indian lands.
(2) An Indian Tribe may designate a Tribal Government
building as a ballot pickup and collection location at no cost
to the Indian Tribe. The applicable State or political
subdivision shall collect ballots from that location.
(3) The State or political subdivision shall provide mail-
in and absentee ballots to each registered voter residing on
Indian lands in the State or political subdivision without
requiring a residential address, a mail-in or absentee ballot
request, or an excuse for a mail-in or absentee ballot.
(4) The address of a designated Tribal Government building
that is a ballot pickup and collection location under paragraph
(2) may serve as the address and mailing address for voters
living on Indian lands if the designated Tribal Government
building is in the same precinct as that voter. If such
designated Tribal Government building is not in the same
precinct as the voter, the voter may use the designated Tribal
Government building as a mailing address and may separately
designate the voter's appropriate precinct through a
description of the voter's address, as specified in section
9428.4(a)(2) of title 11, Code of Federal Regulations.
(5) In the case of a State or political subdivision that is
a covered State or political subdivision under section 203 of
the Voting Rights Act of 1965 (52 U.S.C. 10503), that State or
political subdivision shall provide absentee or mail-in voting
materials in the language of the applicable minority group as
well as in the English language, bilingual election voting
assistance, and written translations of all voting materials in
the language of the applicable minority group, as required by
section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503),
as amended by this Act.
(f) Early Voting.--In a State or political subdivision that
provides for early voting, that State or political subdivision shall
provide not less than one early voting location on Indian lands, upon
the request of the applicable Indian Tribe and at a site selected by
the applicable Indian Tribe.
(g) Enforcement.--
(1) Attorney general.--The Attorney General may bring a
civil action in an appropriate district court for such
declaratory or injunctive relief as is necessary to carry out
this section.
(2) Private right of action.--
(A) A person or Tribal Government who is aggrieved
by a violation of this section may provide written
notice of the violation to the chief election official
of the State involved.
(B) An aggrieved person or Tribal Government may
bring a civil action in an appropriate district court
for declaratory or injunctive relief with respect to a
violation of this section, if--
(i) that person or Tribal Government
provides the notice described in subparagraph
(A); and
(ii)(I) in the case of a violation that
occurs more than 120 days before the date of an
election for Federal office, the violation
remains and 90 days or more have passed since
the date on which the chief election official
of the State receives the notice under
subparagraph (A); or
(II) in the case of a violation that occurs
120 days or less before the date of an election
for Federal office, the violation remains and
20 days or more have passed since the date on
which the chief election official of the State
receives the notice under subparagraph (A).
(C) In the case of a violation of this section that
occurs 30 days or less before the date of an election
for Federal office, an aggrieved person or Tribal
Government may bring a civil action in an appropriate
district court for declaratory or injunctive relief
with respect to the violation without providing notice
to the chief election official of the State under
subparagraph (A).
(3) Rule of construction.--Nothing in this section shall be
construed to prevent a State or political subdivision from
providing additional polling places on Indian lands if no
request was made by an Indian Tribe under this section.
SEC. 7. TRIBAL PRECLEARANCE.
(a) Actions Requiring Preclearance.--No State or political
subdivision may carry out any of the following activities unless the
requirements of subsection (b) have been met:
(1) Eliminating the only polling place or voter
registration site on the Indian lands of an Indian Tribe.
(2) Moving or consolidating a polling place or voter
registration site on the Indian lands of an Indian Tribe to a
location 1 mile or further from the existing location of the
polling place or voter registration site.
(3) Moving or consolidating a polling place on the Indian
lands of an Indian Tribe to a location across a river, lake,
mountain, or other natural boundary such that it makes travel
difficult for a voter, regardless of distance.
(4) Eliminating in-person voting on the Indian lands of an
Indian Tribe by designating an Indian reservation as a
permanent absentee voting location, unless--
(A) the entire State is or becomes a permanent
absentee voting State; or
(B) the Indian Tribe requests such a designation.
(5) Removing an early voting location or otherwise
diminishing early voting opportunities on Indian lands.
(6) Decreasing the number of days or hours that an in-
person or early voting location is open on the Indian lands of
an Indian Tribe or changing the dates of in-person or early
voting on the Indian lands of an Indian Tribe.
(b) Preclearance.--
(1) In general.--The requirements of this subsection have
been met if--
(A) the impacted Tribal Government submits to the
Attorney General the Tribal Government's written
consent to the proposed activity described in
subsection (a);
(B) the State or political subdivision institutes
an action in the United States District Court for the
District of Columbia for a declaratory judgment, and a
declaratory judgment is issued, establishing that the
specified activity described in subsection (a) that the
State or political subdivision desires to carry out
neither has the purpose nor will have the effect of
denying or abridging the right to vote on account of
race or color, or membership in a language minority
group; or
(C) the chief legal officer or other appropriate
official of such State or political subdivision submits
a request to carry out the specified activity described
in subsection (a) 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.
(2) No limitation on future actions.--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 section,
nor a written consent issued under paragraph (1)(A) shall bar a
subsequent action to enjoin enforcement of an activity
described in subsection (a). 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
section. Any action under this section shall be heard and
determined by a court of 3 judges in accordance with the
provisions of section 2284 of title 28 of the United States
Code and any appeal shall lie to the Supreme Court.
SEC. 8. TRIBAL VOTER IDENTIFICATION.
(a) Tribal Government Identification.--If a State or political
subdivision requires an individual to present identification for the
purposes of voting or registering to vote in an election for Federal
office, an identification card issued by a federally recognized Tribal
Government, the Bureau of Indian Affairs, the Indian Health Service, or
any other Tribal or Federal agency issuing identification cards to
Indian voters shall be treated as a valid form of identification for
such purposes.
(b) Validity of Tribal Identification Card.--An individual shall
not be required to show that a Tribal identification card includes a
residential address or an expiration date in order for such Tribal
identification card to be considered valid for purposes of voting or
registering to vote. The voter may instead separately designate the
voter's appropriate voting precinct through a description of the
voter's address that conforms with the regulations for national mail
voter registration forms, as established under section 9428.4(a)(2) of
title 11, Code of Federal Regulations.
(c) Online Registration.--If a State or political subdivision
requires an identification card for an individual to register to vote
online or to vote online, that State or political subdivision shall
consider an identification card as described in subsection (a) to be a
valid form of identification for the purpose of registering to vote
online or voting online.
SEC. 9. BILINGUAL ELECTION REQUIREMENTS.
Section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) is
amended--
(1) in subsection (b)(3)(C), by striking ``1990'' and
inserting ``2010''; and
(2) by striking subsection (c) and inserting the following:
``(c) Provision of Voting Materials in the Language of a Minority
Group.--
``(1) In general.--Whenever any State or political
subdivision subject to the prohibition of subsection (b) of
this section provides any registration or voting notices,
forms, instructions, assistance, or other materials or
information relating to the electoral process, including
ballots, it shall provide them in the language of the
applicable minority group as well as in the English language.
``(2) Exceptions.--
``(A) In general.--
``(i) In the case of a minority group that
is not American Indian or Alaska Native and the
language of that minority group is oral or
unwritten, the State or political subdivision
shall only be required to furnish, in the
covered language, oral instructions,
assistance, translation of voting materials, or
other information relating to registration and
voting.
``(ii) In the case of a minority group that
is American Indian or Alaska Native, the State
or political subdivision shall only be required
to furnish in the covered language oral
instructions, assistance, or other information
relating to registration and voting, including
all voting materials, if the Tribal Government
of that minority group has certified that the
language of the applicable American Indian or
Alaska Native language is presently unwritten
or the Tribal Government does not want written
translations in the minority language.
``(3) Written translations for election workers.--
Notwithstanding paragraph (2), the State or political division
may be required to provide written translations of voting
materials, with the consent of any applicable Indian Tribe, to
election workers to ensure that the translations from English
to the language of a minority group are complete, accurate, and
uniform.''.
SEC. 10. FEDERAL OBSERVERS TO PROTECT TRIBAL VOTING RIGHTS.
(a) Amendment to the Voting Rights Act of 1965.--Section 8(a) of
the Voting Rights Act of 1965 (52 U.S.C. 10305(a)) is amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2)(B), by adding ``or'' after the
semicolon; and
(3) by inserting after paragraph (2) the following:
``(3) the Attorney General has received a written complaint
from an Indian Tribe that efforts to deny or abridge the right
to vote under the color of law on account of race or color, or
in contravention of the guarantees set forth in section
4(f)(2), are likely to occur;''.
(b) Publicly Available Reports.--The Attorney General shall make
publicly available the reports of a Federal election observer appointed
pursuant to section (8)(a)(3) of the Voting Rights Act of 1965 (52
U.S.C. 10305(a)(3)), as added by subsection (a), not later than 6
months after the date that such reports are submitted to the Attorney
General, except that any personally identifiable information relating
to a voter or the substance of the voter's ballot shall not be made
public.
SEC. 11. TRIBAL VOTING CONSULTATION.
The Attorney General shall consult annually with Indian Tribes
regarding issues related to voting in elections for Federal office.
SEC. 12. ATTORNEYS' FEES, EXPERT FEES, AND LITIGATION EXPENSES.
In a civil action under this Act, the court shall award the
prevailing party, other than the United States, reasonable attorney
fees, including litigation expenses, reasonable expert fees, and costs.
SEC. 13. SEVERABILITY; RELATIONSHIP TO OTHER LAWS.
(a) Severability.--If any provision of this Act, or the application
of such a provision to any person, entity, or circumstance, is held to
be invalid, the remaining provisions of this Act and the application of
all provisions of this Act to any other person, entity, or circumstance
shall not be affected by the invalidity.
(b) Relationship to Other Laws.--Nothing in this Act shall
invalidate, or limit the rights, remedies, or procedures available
under, or supersede, restrict, or limit the application of, the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.), the Help America
Vote Act of 2002 (52 U.S.C. 20901 et seq.), or any other Federal law or
regulation related to voting or the electoral process.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
<all>
Native American Voting Rights Act of 2019
#1694 | HR Congress #116
Policy Area: Native Americans
Subjects: Alaska Natives and HawaiiansCivil actions and liabilityDue process and equal protectionElections, voting, political campaign regulationFederal-Indian relationsForeign language and bilingual programsGovernment information and archivesGovernment studies and investigationsIndian lands and resources rightsIntergovernmental relationsLaw enforcement administration and fundingLegal fees and court costsPostal serviceRacial and ethnic relationsState and local government operationsVoting rights
Last Action: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. (5/3/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text