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The John Lewis Voting Rights Advancement Act of 2021 (H.R. 4) is proposed legislation that would restore and strengthen parts of the Voting Rights Act of 1965, certain portions of which were struck down by the United States Supreme Court decision of Shelby County v. Holder in 2013, and was weakened further by Brnovich v. DNC in 2021. Particularly, it would restore the Voting Rights Act of 1965's requirement that certain states pre-clear certain changes to their voting laws with the federal government. It was re-introduced in the 117th Congress, and is named after late Georgia Representative and voting rights activist John Lewis. On August 24, 2021, the U.S. House of Representatives passed the bill by a margin of 219 to 212, though it still needs approval by the U.S. Senate before it can be sent to the president to be signed into law.
- Click here for info on H.R. 4.
This is what the bill seeks to accomplish:
This bill establishes new criteria for determining which states and political subdivisions must obtain preclearance before changes to voting practices may take effect. Preclearance is the process of receiving preapproval from the Department of Justice (DOJ) or the U.S. District Court for the District of Columbia before making legal changes that would affect voting rights.
- 15 or more voting rights violations occurred in the state during the previous 25 years;
- 10 or more violations occurred during the previous 25 years, at least 1 of which was committed by the state itself; or
- 3 or more violations occurred during the previous 25 years and the state administers the elections.
A political subdivision as a separate unit shall also be subject to preclearance for a 10-year period if three or more voting rights violations occurred there during the previous 25 years.
States and political subdivisions that meet certain thresholds regarding minority groups must preclear covered practices before implementation, such as changes to methods of election and redistricting.
Further, states and political subdivisions must notify the public of changes to voting practices.
Next, the bill authorizes DOJ to require states or political subdivisions to provide certain documents or answers to questions for enforcing voting rights.
The bill also outlines factors courts must consider when hearing challenges to voting practices, such as the history of official voting discrimination in the state or political subdivision.
