Overview
Title
To amend the Voting Rights Act of 1965 to revise the criteria for determining which States and political subdivisions are subject to section 4 of the Act, and for other purposes.
ELI5 AI
The John R. Lewis Voting Rights Advancement Act of 2024 is a plan to make sure everyone gets a fair chance to vote by updating old rules. It aims to stop people from messing with voters or elections and help small places follow the rules, but it doesn't say exactly how much money will be used to do this.
Summary AI
The John R. Lewis Voting Rights Advancement Act of 2024 aims to amend the Voting Rights Act of 1965 by changing how it's determined which states and regions must follow special voting rules to protect against discrimination. It sets guidelines for dealing with vote dilution and denial, ensuring fair processes, and strengthens measures for transparency and voting rights protection. Moreover, the bill requires certain voting changes to have federal approval before implementation and establishes stricter penalties for intimidation or interference with voters and election workers. Additional provisions focus on supporting small jurisdictions in meeting legal notice requirements and enhancing the protection of voting infrastructure.
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AnalysisAI
The proposed legislation is titled the "John R. Lewis Voting Rights Advancement Act of 2024." It aims to amend the Voting Rights Act of 1965 by revising the criteria for determining which states and political subdivisions are subject to additional scrutiny under section 4. The bill introduces measures designed to address vote dilution, denial, and abridgment claims, and mandates preclearance for electoral changes in certain jurisdictions to ensure they do not discriminate based on race or minority group status. Additionally, it emphasizes transparency by requiring public notice of changes in voting procedures and includes provisions to protect election workers and infrastructure.
Significant Issues
A key issue with the bill is the complexity and legalistic nature of the language, particularly in sections dealing with vote dilution and the criteria for state coverage under the act. Terms like "totality of circumstances" might lead to inconsistent interpretations due to their subjective nature, and the intricate legal language may be difficult for the general public to understand without specialized knowledge.
Another concern revolves around the demographic thresholds used to determine which practices are subject to preclearance. These criteria could result in inconsistent application across different regions, leading to potential legal challenges.
The bill lacks clear budget allocations for some of its provisions, which might lead to unforeseen financial burdens on states and local governments, potentially affecting the feasibility of its full implementation. The requirement for timely public notice of changes in voting procedures might also pose logistical challenges, especially for jurisdictions with limited resources.
The transfer of authority to appoint election observers from the Office of Personnel Management to the Attorney General raises concerns about the centralization of power, which could affect checks and balances in the enforcement of voting rights protections.
Impact on the Public
Broadly, the bill seeks to strengthen voting rights protections and promote confidence in the electoral process. By addressing vote dilution and implementing requirements for transparency, the legislation could enhance fair access to voting, especially for minority groups. However, the complexity of the bill's provisions and the potential for inconsistent application may limit its effectiveness and understanding by the general public.
For certain regions, particularly those with documented histories of voting rights violations, the bill's requirements could impose significant administrative and financial demands. States or local jurisdictions might need to allocate additional resources to ensure compliance with the new requirements, potentially stretching already limited budgets.
Impact on Specific Stakeholders
The bill could have a positive impact on minority communities by addressing historic and ongoing practices that dilute or deny their voting power. By making changes subject to preclearance and transparency requirements, communities that have been marginalized in the electoral process might find more equitable participation opportunities.
Election officials and administrators could face challenges in implementing the bill's requirements. The demand for swift public notifications and changes to voting procedures could necessitate increased staffing and resources. Additionally, the enhanced role of the Attorney General in election oversight could lead to increased scrutiny and legal responsibilities for these officials.
Overall, the John R. Lewis Voting Rights Advancement Act of 2024 represents a significant legislative effort to update and reinforce voting rights protections. While it aims to address critical issues in the electoral system, its impact will depend on effective implementation and the ability to balance the complex legal frameworks it introduces.
Financial Assessment
The John R. Lewis Voting Rights Advancement Act of 2024, while primarily focused on enhancing voting rights protections, contains several references to financial implications that are crucial for understanding its potential impact on states and political subdivisions.
Financial Penalties for Violations
The bill outlines financial penalties in SEC. 202 for individuals who interfere with voting processes. Specifically, it imposes fines of up to $2,500 or imprisonment for up to six months, or both, for interference or intimidation related to voting. If bodily injury results or if a dangerous weapon is used, the fine can be increased to $5,000, with imprisonment up to one year. While these penalties are meant to deter illegal actions, there is concern noted in the issues section that these amounts might be inadequate to act as effective deterrents, particularly against actions that threaten election integrity.
Grants for Small Jurisdictions
Under SEC. 118, the bill grants the Attorney General the authority to make grants to small jurisdictions—defined as political subdivisions with populations of 10,000 or less. These grants are intended to assist these jurisdictions in complying with notification requirements mandated by the Voting Rights Act of 1965. The absence of specific monetary values or budget allocations in this section raises concerns about the potential for unexpected expenditures by states and political subdivisions. This lack of defined budgets might complicate the feasibility and scalability of effectively implementing the grant program.
Potential Financial Constraints on Implementation
Some sections of the bill impose procedural requirements that could involve financial implications. For instance, SEC. 105 demands certain voting changes to get federal approval before implementation, which may involve legal and administrative costs. Furthermore, SEC. 106 requires states and political subdivisions to issue public notices of voting changes within 48 hours, a mandate that could strain resources, especially in smaller or less financially stable jurisdictions. These requirements could potentially lead to logistical and financial challenges, particularly where additional resources need to be mobilized quickly.
Lack of Explicit Financial Allocations
Overall, while the bill introduces several requirements that could have financial repercussions—such as new procedural mandates and reporting obligations—it does not detail specific appropriations or funding sources in various sections. This lack of explicit financial allocations could result in states and political subdivisions bearing unforeseen costs. The issues list highlights this concern, identifying potential financial burdens that may arise from the necessity of compliance without guaranteed federal funding, which could ultimately impact the seamless implementation of the bill's provisions.
In summary, while the John R. Lewis Voting Rights Advancement Act of 2024 sets forth important voting protections, the financial references within the bill, particularly concerning penalties, grants, and procedural mandates, present considerations that may impact the effectiveness and feasibility of these legislative efforts without clear, detailed financial allocations.
Issues
The complexity and legalistic nature of the language in several sections, particularly in SEC. 101 and SEC. 104, may make the bill difficult for the general public to understand without specialized legal knowledge, potentially limiting informed public engagement.
SEC. 101 introduces subjective factors like 'totality of circumstances' which might lead to inconsistent interpretations when evaluating vote dilution, denial, and abridgment claims, raising concerns about equitable enforcement and clarity.
SEC. 105 and SEC. 4A emphasize certain demographic thresholds for determining covered practices, but these criteria could result in inconsistent application and interpretation, leading to potential legal challenges or disputes.
The absence of defined budget allocations or financial implications in key sections such as SEC. 105 and SEC. 118 might lead to concerns regarding unexpected expenditures for states and political subdivisions, which could affect the feasibility of implementation.
The provision in SEC. 106 requiring public notices of voting changes within 48 hours could impose logistical challenges on states and subdivisions, especially those with limited resources, potentially impacting compliance and transparency.
The transfer of authority over observers to the Attorney General in SEC. 107 could centralize power and raise concerns about checks and balances in the enforcement of voting rights protections.
The criteria for judicial relief and modifications in SEC. 109 could lead to potential ambiguity and varying interpretations, affecting the timely provision of preventive relief and potentially delaying necessary voting rights protections.
The section on Protection of Tabulated Votes (SEC. 112) outlines roles and responsibilities but lacks specific procedures for implementation, which could lead to jurisdictional disputes between federal and local authorities.
SEC. 202 presents potential concerns over the adequacy of fines and imprisonment terms for interference and intimidation, as they may be considered insufficient deterrents against actions that undermine election integrity.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill states that it may be referred to as the “John R. Lewis Voting Rights Advancement Act of 2024”.
101. Vote dilution, denial, and abridgment claims Read Opens in new tab
Summary AI
The amendment to the Voting Rights Act of 1965 addresses vote dilution, denial, and abridgment. It establishes criteria for identifying discriminatory practices, emphasizes the need to consider historical and social contexts when evaluating voting processes that burden minority groups, and clarifies standards for proving intent to dilute voting power or deny voting rights based on race or color.
102. Retrogression Read Opens in new tab
Summary AI
Section 102 of the Voting Rights Act describes a violation when states or regions enact or attempt to enforce voting requirements that reduce voting access based on race or color, after January 1, 2021. It notes that decisions by the United States District Court in Washington, D.C., on related matters will override this section.
103. Violations triggering authority of court to retain jurisdiction Read Opens in new tab
Summary AI
The text amends sections of the Voting Rights Act of 1965 to include violations of any federal law that prohibits discrimination in voting based on race, color, or language minority status, alongside violations of the 14th and 15th Amendments, as reasons for courts to retain authority over certain cases.
104. Criteria for coverage of States and political subdivisions Read Opens in new tab
Summary AI
The text outlines the criteria and processes for determining which U.S. states and political subdivisions are subject to specific requirements under the Voting Rights Act due to past voting rights violations. It provides the conditions under which states or subdivisions can avoid these requirements, such as obtaining a favorable declaratory judgment, and details how violations are assessed and categorized.
105. Determination of States and Political Subdivisions Subject to Preclearance for Covered Practices Read Opens in new tab
Summary AI
The section outlines rules requiring certain U.S. states and political subdivisions to get approval before making changes to voting laws and procedures, especially if those changes could affect racial or language minority groups. It includes specific actions that would need preapproval and sets criteria for these groups to ensure voting rights are not compromised.
4A. Determination of States and Political Subdivisions Subject to Preclearance for Covered Practices Read Opens in new tab
Summary AI
The text outlines rules for certain voting changes in states and political subdivisions to ensure they don't discriminate based on race, color, or language minority status. Before making these changes, like altering voting methods or reducing voting locations, the changes must be reviewed and approved to ensure they don't limit voting rights.
106. Promoting transparency to enforce the Voting Rights Act Read Opens in new tab
Summary AI
The section amends the Voting Rights Act to ensure transparency when states or political subdivisions make changes to voting-related practices or procedures. It requires them to provide public notice of such changes, including details about polling place resources, demographics, and electoral districts, within specific timeframes and in formats accessible to people with disabilities.
6. Transparency regarding changes to protect voting rights Read Opens in new tab
Summary AI
The section mandates that states and political subdivisions must give public notice of any changes to voting procedures, polling place resources, and electoral district demographics. Notifications must be accessible to those with disabilities and provided shortly after changes are made, with specific requirements for transparency concerning demographics and electoral data, ensuring no person's right to vote is denied due to the lack of adherence to these requirements.
107. Authority to assign observers Read Opens in new tab
Summary AI
The section details changes to the Voting Rights Act of 1965, transferring authority to assign election observers from the Office of Personnel Management to the Attorney General. It specifies conditions under which observers can be assigned, particularly for bilingual elections, and allows the Attorney General to work with the Office of Personnel Management in selecting and deploying observers.
108. Clarification of authority to seek relief Read Opens in new tab
Summary AI
The section clarifies that both the Attorney General and individuals who believe they have been wronged can take legal action to address violations of voting rights. This includes seeking injunctions or orders to prevent acts or practices that may infringe upon voting rights as protected by several amendments and federal laws.
109. Preventive relief Read Opens in new tab
Summary AI
The section outlines conditions under which courts can grant or deny preliminary relief in cases related to voting rights. It specifies that a court shall consider factors like whether a voting rule change happened too close to an election or without giving proper notice, and emphasizes that not being able to enforce voting laws does not automatically mean irreparable harm to the public interest.
110. Bilingual election requirements Read Opens in new tab
Summary AI
The section changes the Voting Rights Act by extending the deadline for bilingual election requirements from 2032 to 2037.
111. Relief for violations of voting rights laws Read Opens in new tab
Summary AI
In this section, the bill outlines the kind of actions prohibited under voting rights laws and establishes rules for granting or denying equitable relief when those rights are violated. It emphasizes that courts should focus on making voting more accessible and explains when courts should avoid stopping or undoing orders that protect voting rights, especially as elections approach.
112. Protection of tabulated votes Read Opens in new tab
Summary AI
The proposed amendments to the Voting Rights Act of 1965 aim to ensure that no one acting under legal authority can prevent eligible voters from voting or tamper with vote tabulation, and grant the Attorney General the power to take legal action against violations related to federal elections. This includes altering deadlines for maintaining election records, allowing actions against solicitation of violations, and ensuring votes are properly counted and certified.
113. Enforcement of Voting Rights by Attorney General Read Opens in new tab
Summary AI
The section expands the powers of the Attorney General to enforce voting rights by allowing the Attorney General to request voting-related documents and information from states or local governments. It also outlines processes for compliance or contesting these demands through legal petitions.
114. Definitions Read Opens in new tab
Summary AI
The text introduces definitions in the Voting Rights Act of 1965, specifying terms related to Native Americans, including "Indian," "Indian lands," "Indian tribe," and "Tribal Government." It also defines "voting-age population" as the number of people age 18 or older living within certain areas, based on the latest census data.
21. Definitions Read Opens in new tab
Summary AI
The section defines key terms used in the Act, including “Indian,” “Indian lands,” “Indian tribe,” “Tribal Government,” and “voting-age population.” These definitions help clarify who or what each term refers to in relation to laws affecting Indian tribes and their lands.
115. Attorneys’ fees Read Opens in new tab
Summary AI
The section updates the definition of "prevailing party" under the Voting Rights Act of 1965 to include a party that achieves some benefit from a legal action, presents a reasonable claim, and proves the action significantly changed the current situation.
116. Other technical and conforming amendments Read Opens in new tab
Summary AI
The section makes several technical changes to the Voting Rights Act of 1965. It updates the language regarding who can bring legal actions, clarifies how members of language minority groups are treated, redefines the time period during which changes to voting practices must receive preclearance, and requires that emergencies like natural disasters can speed up the review process for these changes.
117. Severability Read Opens in new tab
Summary AI
If any part of the John R. Lewis Voting Rights Advancement Act of 2024 or its amendments is found to be unconstitutional or unenforceable, it will not affect the rest of the law or its amendments. Similarly, if any part of the Voting Rights Act of 1965 or its amendments is found to be unconstitutional or unenforceable, the other parts of that law will still remain in effect.
118. Grants to assist with notice requirements under the Voting Rights Act of 1965 Read Opens in new tab
Summary AI
The section outlines that the Attorney General will provide grants each year to small jurisdictions—those with populations of 10,000 or less—to help them comply with the Voting Rights Act of 1965 by providing notice of changes to voting-related practices. These jurisdictions need to apply by providing required information to be eligible for the grants.
201. Short title Read Opens in new tab
Summary AI
The section indicates that this part of the legislation is called the "Election Worker and Polling Place Protection Act."
202. Prohibition on interference and intimidation Read Opens in new tab
Summary AI
The section prohibits any interference, intimidation, or physical damage related to voting and election activities, specifying fines and imprisonment for violators. It also clarifies that federal prosecutions can only occur under certain conditions, such as when a state lacks jurisdiction or requests federal involvement, or when it's necessary to ensure justice.
Money References
- Section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended by adding at the end the following: “(f)(1)(A) Whoever, whether or not acting under color of law, by force or threat of force, or by violence or threat of violence to any person or property, willfully interferes with or attempts to interfere with, the ability of any person or any class of persons to vote or qualify to vote, or to qualify or act as a poll watcher or as any legally authorized election official, in any primary, special, or general election, or any person who is, or is employed by, an agent, contractor, or vendor of a legally authorized election official assisting in the administration of any primary, special, or general election to assist in that administration, shall be fined not more than $2,500, or imprisoned not more than 6 months, or both.
- “(B) Whoever, whether or not acting under color of law, by force or threat of force, or by violence or threat of violence to any person or property, willfully intimidates or attempts to intimidate, any person or any class of persons seeking to vote or qualify to vote, or to qualify or act as a poll watcher or as any legally authorized election official, in any primary, special, or general election, or any person who is, or is employed by, an agent, contractor, or vendor of a legally authorized election official assisting in the administration of any primary, special, or general election, shall be fined not more than $2,500, or imprisoned not more than 6 months, or both.
- “(C) If bodily injury results from an act committed in violation of this paragraph or if such act includes the use, attempted use, or threatened use of a dangerous weapon, an explosive, or fire, then, in lieu of the remedy described in subparagraph (A) or (B), the violator shall be fined not more than $5,000 or imprisoned not more than 1 year, or both.
- “(2)(A) Whoever, whether or not acting under color of law, willfully physically damages or threatens to physically damage any physical property being used as a polling place or tabulation center or other election infrastructure, with the intent to interfere with the administration of a primary, general, or special election or the tabulation or certification of votes for such an election, shall be fined not more than $2,500, or imprisoned not more than 6 months, or both.
- “(B) If bodily injury results from an act committed in violation of this paragraph or if such act includes the use, attempted use, or threatened use of a dangerous weapon, an explosive, or fire, then, in lieu of the remedy described in subparagraph (A), the violator shall be fined not more than $5,000 or imprisoned not more than 1 year, or both.