[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2523 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2523
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2025
Mr. Durbin (for himself, Mr. Warnock, Mr. Blumenthal, Mr. Schumer, Mr.
Booker, Mrs. Shaheen, Mr. Whitehouse, Mr. Markey, Mr. Hickenlooper, Ms.
Rosen, Mr. Fetterman, Mr. Padilla, Mr. Van Hollen, Mr. Bennet, Mr.
Schiff, Mr. Sanders, Mr. Heinrich, Mr. Reed, Mr. Kim, Mr. Welch, Mr.
Wyden, Mr. Coons, Ms. Hirono, Mrs. Gillibrand, Ms. Warren, Ms. Baldwin,
Ms. Hassan, Mr. Gallego, Ms. Cortez Masto, Mr. Kaine, Ms. Slotkin, Mr.
Warner, Mrs. Murray, Mr. Ossoff, Mr. Kelly, Ms. Blunt Rochester, Ms.
Cantwell, Ms. Klobuchar, Mr. Peters, Mr. Murphy, Mr. Lujan, Ms. Smith,
Mr. King, Mr. Merkley, Ms. Duckworth, Mr. Schatz, and Ms. Alsobrooks)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
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 ``John R. Lewis Voting Rights
Advancement Act of 2025''.
TITLE I--AMENDMENTS TO THE VOTING RIGHTS ACT
SEC. 101. VOTE DILUTION, DENIAL, AND ABRIDGMENT CLAIMS.
(a) In General.--Section 2(a) of the Voting Rights Act of 1965 (52
U.S.C. 10301(a)) is amended--
(1) by inserting after ``applied by any State or political
subdivision'' the following: ``for the purpose of, or''; and
(2) by striking ``as provided in subsection (b)'' and
inserting ``as provided in subsection (b), (c), (d), or (e)''.
(b) Vote Dilution.--Section 2 of such Act (52 U.S.C. 10301), as
amended by subsection (a), is further amended by striking subsection
(b) and inserting the following:
``(b) A violation of subsection (a) for vote dilution is
established if, based on the totality of circumstances, it is shown
that the political processes leading to nomination or election in the
State or political subdivision are not equally open to participation by
members of a class of citizens protected by subsection (a) in that its
members have less opportunity than other members of the electorate to
participate in the political process and to elect representatives of
their choice. The extent to which members of a protected class have
been elected to office in the State or political subdivision is one
circumstance which may be considered: Provided, That nothing in this
section establishes a right to have members of a protected class
elected in numbers equal to their proportion in the population. The
legal standard articulated in Thornburg v. Gingles, 478 U.S. 30 (1986),
governs claims under this subsection. For purposes of this subsection a
class of citizens protected by subsection (a) may include a cohesive
coalition of members of different racial or language minority
groups.''.
(c) Vote Denial or Abridgement.--Section 2 of such Act (52 U.S.C.
10301), as amended by subsections (a) and (b), is further amended by
adding at the end the following:
``(c)(1) A violation of subsection (a) for vote denial or
abridgment is established if the challenged standard, practice, or
procedure imposes a discriminatory burden on members of a class of
citizens protected by subsection (a), meaning that--
``(A) members of the protected class face greater
difficulty in complying with the standard, practice, or
procedure, considering the totality of the circumstances; and
``(B) such greater difficulty is, at least in part, caused
by or linked to social and historical conditions that have
produced or currently produce discrimination against members of
the protected class.
``(2) The challenged standard, practice, or procedure need only be
a but-for cause of the discriminatory burden or perpetuate a pre-
existing discriminatory burden.
``(3)(A) The totality of the circumstances for consideration
relative to a violation of subsection (a) for vote denial or abridgment
shall include the following factors, which, individually and
collectively, show how a voting standard, practice, or procedure can
function to amplify the effects of past or present racial
discrimination:
``(i) The history of official voting-related
discrimination in the State or political subdivision.
``(ii) The extent to which voting in the elections
of the State or political subdivision is racially
polarized.
``(iii) The extent to which the State or political
subdivision has used unduly burdensome photographic
voter identification requirements, documentary proof of
citizenship requirements, documentary proof of
residence requirements, or other voting standards,
practices, or procedures beyond those required by
Federal law that may impair the ability of members of
the protected class to participate fully in the
political process.
``(iv) The extent to which members of the protected
class bear the effects of discrimination in areas such
as education, employment, and health, which hinder the
ability of those members to participate effectively in
the political process.
``(v) The use of overt or subtle racial appeals
either in political campaigns or surrounding the
adoption or maintenance of the challenged standard,
practice, or procedure.
``(vi) The extent to which members of the protected
class have been elected to public office in the
jurisdiction, except that the fact that the protected
class is too small to elect candidates of its choice
shall not defeat a claim of vote denial or abridgment
under this section.
``(vii) Whether there is a lack of responsiveness
on the part of elected officials to the particularized
needs of members of the protected class.
``(viii) Whether the policy underlying the State or
political subdivision's use of the challenged
qualification, prerequisite, standard, practice, or
procedure has a tenuous connection to that
qualification, prerequisite, standard, practice, or
procedure.
``(B) A particular combination or number of factors under
subparagraph (A) shall not be required to establish a violation
of subsection (a) for vote denial or abridgment.
``(C) The totality of the circumstances for consideration
relative to a violation of subsection (a) for vote denial or
abridgment shall not include the following factors:
``(i) The total number or share of members of a
protected class on whom a challenged standard,
practice, or procedure does not impose a material
burden.
``(ii) The degree to which the challenged standard,
practice, or procedure has a long pedigree or was in
widespread use at some earlier date.
``(iii) The use of an identical or similar
standard, practice, or procedure in other States or
political subdivisions.
``(iv) The availability of other forms of voting
unimpacted by the challenged standard, practice, or
procedure to all members of the electorate, including
members of the protected class, unless the State or
political subdivision is simultaneously expanding those
other standards, practices, or procedures to eliminate
any disproportionate burden imposed by the challenged
standard, practice, or procedure.
``(v) A prophylactic impact on potential criminal
activity by individual voters, if such crimes have not
occurred in the State or political subdivision in
substantial numbers.
``(vi) Mere invocation of interests in voter
confidence or prevention of fraud.''.
(d) Intended Vote Dilution or Vote Denial or Abridgment.--Section 2
of such Act (52 U.S.C. 10301), as amended by subsections (a), (b), and
(c) is further amended by adding at the end the following:
``(d)(1) A violation of subsection (a) is also established if a
challenged qualification, prerequisite, standard, practice, or
procedure is intended, at least in part, to dilute the voting strength
of a protected class or to deny or abridge the right of any citizen of
the United States to vote on account of race, color, or in
contravention of the guarantees set forth in section 4(f)(2).
``(2) Discrimination on account of race or color, or in
contravention of the guarantees set forth in section 4(f)(2), need only
be one purpose of a qualification, prerequisite, standard, practice, or
procedure in order to establish a violation of subsection (a), as
described in this subsection. A qualification, prerequisite, standard,
practice, or procedure intended to dilute the voting strength of a
protected class or to make it more difficult for members of a protected
class to cast a ballot that will be counted constitutes a violation of
subsection (a), as described in this subsection, even if an additional
purpose of the qualification, prerequisite, standard, practice, or
procedure is to benefit a particular political party or group.
``(3) Recent context, including actions by official decisionmakers
in prior years or in other contexts preceding the decision responsible
for the challenged qualification, prerequisite, standard, practice, or
procedure, and including actions by predecessor government actors or
individual members of a decisionmaking body, may be relevant to making
a determination about a violation of subsection (a), as described under
this subsection.
``(4) A claim that a violation of subsection (a) has occurred, as
described under this subsection, shall require proof of a
discriminatory impact but shall not require proof of violation of
subsection (b) or (c).''.
SEC. 102. RETROGRESSION.
Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.), as amended by section 101 of this Act, is further amended by
adding at the end the following:
``(e) A violation of subsection (a) is established when a State or
political subdivision enacts or seeks to administer any qualification
or prerequisite to voting or standard, practice, or procedure with
respect to voting in any election 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 or color, or in contravention of the
guarantees set forth in section 4(f)(2), to participate in the
electoral process or elect their preferred candidates of choice. This
subsection applies to any action taken on or after January 1, 2021, by
a State or political subdivision to enact or seek to administer any
such qualification or prerequisite to voting or standard, practice or
procedure.
``(f) Notwithstanding the provisions of subsection (e), final
decisions of the United States District Court of the District of
Columbia on applications or petitions by States or political
subdivisions for preclearance under section 5 of any changes in voting
prerequisites, standards, practices, or procedures, supersede the
provisions of subsection (e).''.
SEC. 103. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO RETAIN
JURISDICTION.
(a) Types of Violations.--Section 3(c) of the Voting Rights Act of
1965 (52 U.S.C. 10302(c)) is amended by striking ``violations of the
fourteenth or fifteenth amendment'' and inserting ``violations of the
14th or 15th Amendment, violations of this Act, or violations of any
Federal law that prohibits discrimination in voting on the basis of
race, color, or membership in a language minority group,''.
(b) Conforming Amendment.--Section 3(a) of such Act (52 U.S.C.
10302(a)) is amended by striking ``violations of the fourteenth or
fifteenth amendment'' and inserting ``violations of the 14th or 15th
Amendment, violations of this Act, or violations of any Federal law
that prohibits discrimination in voting on the basis of race, color, or
membership in a language minority group,''.
SEC. 104. CRITERIA FOR COVERAGE OF STATES AND POLITICAL SUBDIVISIONS.
(a) Determination of States and Political Subdivisions Subject to
Section 4(a).--
(1) In general.--Section 4(b) of the Voting Rights Act of
1965 (52 U.S.C. 10303(b)) is amended to read as follows:
``(b) Determination of States and Political Subdivisions Subject to
Requirements.--
``(1) Existence of voting rights violations during previous
25 years.--
``(A) Statewide application.--Subsection (a)
applies with respect to a State and all political
subdivisions within the State during a calendar year
if--
``(i) fifteen or more voting rights
violations occurred in the State during the
previous 25 calendar years; or
``(ii) ten or more voting rights violations
occurred in the State during the previous 25
calendar years, at least one of which was
committed by the State itself (as opposed to a
political subdivision within the State).
``(B) Application to specific political
subdivisions.--Subsection (a) applies with respect to a
political subdivision as a separate unit during a
calendar year if three or more voting rights violations
occurred in the subdivision during the previous 25
calendar years.
``(2) Period of application.--
``(A) In general.--Except as provided in
subparagraph (B), if, pursuant to paragraph (1),
subsection (a) applies with respect to a State or
political subdivision during a calendar year,
subsection (a) shall apply with respect to such State
or political subdivision for the period--
``(i) that begins on January 1 of the year
in which subsection (a) applies; and
``(ii) that ends on the date which is 10
years after the date described in clause (i).
``(B) No further application after declaratory
judgment.--
``(i) States.--If a State obtains a
declaratory judgment under subsection (a), and
the judgment remains in effect, subsection (a)
shall no longer apply to such State and all
political subdivisions in the State pursuant to
paragraph (1)(A) unless, after the issuance of
the declaratory judgment, paragraph (1)(A)
applies to the State solely on the basis of
voting rights violations occurring after the
issuance of the declaratory judgment.
``(ii) Political subdivisions.--If a
political subdivision obtains a declaratory
judgment under subsection (a), and the judgment
remains in effect, subsection (a) shall no
longer apply to such political subdivision
pursuant to paragraph (1), including pursuant
to paragraph (1)(A) (relating to the statewide
application of subsection (a)), unless, after
the issuance of the declaratory judgment,
paragraph (1)(B) applies to the political
subdivision solely on the basis of voting
rights violations occurring after the issuance
of the declaratory judgment.
``(3) Determination of voting rights violation.--For
purposes of paragraph (1), a voting rights violation occurred
in a State or political subdivision if any of the following
applies:
``(A) Judicial relief; violation of the 14th or
15th amendment.--Any final judgment (that was not
reversed on appeal) occurred, in which the plaintiff
prevailed and in which any court of the United States
determined that a denial or abridgement of the right of
any citizen of the United States to vote on account of
race, color, or membership in a language minority group
occurred, or that a voting qualification or
prerequisite to voting or standard, practice, or
procedure with respect to voting created an undue
burden on the right to vote in connection with a claim
that the law unduly burdened voters of a particular
race, color, or language minority group, in violation
of the 14th or 15th Amendment to the Constitution of
the United States, anywhere within the State or
subdivision.
``(B) Judicial relief; violations of this act.--Any
final judgment (that was not reversed on appeal)
occurred in which the plaintiff prevailed and in which
any court of the United States determined that a voting
qualification or prerequisite to voting or standard,
practice, or procedure with respect to voting was
imposed or applied or would have been imposed or
applied anywhere within the State or subdivision in a
manner that resulted or would have resulted in a denial
or abridgement of the right of any citizen of the
United States to vote on account of race, color, or
membership in a language minority group, in violation
of subsection (e) or (f) or section 2, 201, or 203.
``(C) Final judgment; denial of declaratory
judgment.--In a final judgment (that was not been
re