S. 2523 — John R. Lewis Voting Rights Advancement Act of 2025

This section revises Section 2 of the Voting Rights Act of 1965 to prohibit voting qualifications, prerequisites, standards, practices, or procedures imposed by states or political subdivisions "for the purpose of," or that result in, denial or abridgment of the right to vote on account of race or color (previously, results-based only, as provided in subsection (b); now also as provided in subsections (b), (c), (d), or (e)). It designates subsection (b) as the standard for vote dilution claims, retaining the totality-of-circumstances test for whether political processes are equally open to protected classes but codifying the three preconditions from Thornburg v. Gingles (478 U.S. 30 (1986)) and expanding protected classes to include cohesive coalitions of different racial or language minority groups. It adds subsection (c) establishing a standard for vote denial or abridgment claims, under which a violation occurs if a challenged practice imposes a discriminatory burden on a protected class—defined as greater compliance difficulty under the totality of circumstances that is caused by or linked to social and historical discrimination (with the practice needing to be a but-for cause or to perpetuate a pre-existing burden). The totality test includes eight factors showing amplification of discrimination effects (e.g., history of official voting discrimination, racially polarized voting, socioeconomic effects of discrimination, racial appeals) with no required number or combination, and excludes six factors (e.g., long pedigree of the practice, use in other jurisdictions, availability of alternative voting methods unless expanded to eliminate burdens).

This section establishes a violation of Section 2(a) of the Voting Rights Act of 1965 if a state or political subdivision, on or after January 1, 2021, enacts or seeks to administer any voting qualification, prerequisite, standard, practice, or procedure that has the purpose or effect of diminishing the ability of any U.S. citizens to participate in the electoral process or elect their preferred candidates of choice on account of race or color, or in contravention of section 4(f)(2) language minority protections. Notwithstanding the foregoing, final decisions of the U.S. District Court for the District of Columbia granting preclearance under section 5 supersede this new violation standard. (As background, Section 2 prohibits voting practices that deny or abridge the right to vote on the basis of race or color under a totality-of-circumstances test; this provision adds an explicit retrogression standard previously associated with section 5 preclearance, which was effectively terminated by Shelby County v. Holder in 2013.)

This section amends Section 3(a) and (c) of the Voting Rights Act of 1965 (52 U.S.C. 10302) to expand the violations triggering a court's authority to appoint federal observers or retain jurisdiction, respectively, from violations of the 14th or 15th Amendments to also include violations of the Act itself or any federal law prohibiting voting discrimination on the basis of race, color, or membership in a language minority group. (As background, Section 3 authorizes courts to impose targeted remedies—such as federal observers to monitor elections and retained jurisdiction to prevent new discriminatory practices—upon finding voting rights violations in enforcement proceedings; thus, this change broadens access to such remedies beyond constitutional violations.)

This section revises the coverage formula under Section 4(b) of the Voting Rights Act of 1965 to determine which states and political subdivisions are subject to the Section 4(a) prohibition on tests or devices (i.e., literacy tests, poll taxes, or similar practices) as prerequisites to voting in federal, state, or local elections absent a declaratory judgment from the U.S. District Court for the District of Columbia. (As background, the Supreme Court's 2013 Shelby County v. Holder decision invalidated the prior coverage formula based on 1964, 1965, and 1968 election data, resulting in no jurisdictions currently subject to Section 4(a).) The revised formula applies Section 4(a) statewide during a calendar year, and for a subsequent 10-year period, if (1) 15 or more voting rights violations occurred in the state during the prior 25 calendar years, or (2) 10 or more such violations occurred, with at least one committed by the state itself; it applies to a political subdivision as a separate unit under the same terms if 3 or more violations occurred in the subdivision during the prior 25 calendar years. Coverage ends upon a successful declaratory judgment under Section 4(a) and does not resume unless new violations meeting the thresholds occur afterward. The section defines a "voting rights violation" to include (1) a final unreversed U.S. court judgment finding a denial or abridgment of voting rights on account of race, color, or language minority group status in violation of the 14th or 15th Amendment or VRA sections 2, 201, 203, (e), or (f); (2) denial of a declaratory judgment under VRA Section 3(c) or 5; (3) an Attorney General objection under those sections (excluding withdrawn objections or those solely for procedural noncompliance); or (4) a consent decree, settlement, or agreement with an admission of liability that alters a challenged voting practice. (Thus, unlike prior law's static coverage, the new formula dynamically covers jurisdictions based on recent violations and allows bailout after 10 years.)

This section amends the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) by inserting new section 4A, which establishes practice-based preclearance requirements applicable to all states and political subdivisions for newly enacted or adopted voting laws, regulations, or policies that constitute covered practices potentially affecting racial or language minority voters. (As background, Voting Rights Act preclearance previously required covered jurisdictions to obtain federal approval before implementing voting changes, a requirement effectively terminated after the Supreme Court invalidated the coverage formula in Shelby County v. Holder, 570 U.S. 529 (2013).) The Attorney General, in consultation with the Census Bureau, must annually determine voting-age population characteristics relevant to covered practices and publish in the Federal Register a list of applicable states and political subdivisions, effective upon publication. Covered practices subject to preclearance include the following: (1) changes to election methods adding or converting to at-large or multi-member seats in jurisdictions where two or more racial/language minority groups each comprise 20% or more of the voting-age population, or one such group comprises 20% or more on Indian lands; (2) boundary changes to political subdivisions reducing by 3 or more percentage points the share of a single racial/language minority group comprising 20% or more of the voting-age population, where multiple such groups each comprise 20% or more or one comprises 20% or more on Indian lands; (3) redistricting changes for federal, state, or local elections where a non-largest racial/language minority group comprising 15% or more of the voting-age population grew by 20% or more over the prior decade per Census data; (4) voter documentation or identity requirements stricter than those in effect the day before enactment of the John R. Lewis Voting Rights Advancement Act of 2025; (5) reductions or alterations to multilingual voting materials not similarly applied to English materials; and (6) reductions, consolidations, or relocations of voting locations (including early, absentee, or election-day); reductions in Sunday voting days or hours before an election; or prohibitions on providing food or non-alcoholic drinks to voters in line (unless violating anti-influence rules), in census tracts or Indian lands where two or more racial/language minority groups each comprise 20% or more of the voting-age population or one such group comprises 20% or more on Indian lands.

This section amends the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) by inserting new section 6 to require states and political subdivisions to provide reasonable public notice—posted locally and on their websites in formats accessible to voters with disabilities (including low vision or blindness)—of specified voting-related changes as follows: (1) a concise description of any change to a voting qualification, prerequisite, standard, practice, or procedure that differs from that in effect 180 days before a federal election, within 48 hours of the change; (2) prior to 30 days before a federal election, and with updates within 48 hours (or as practicable if closer to the election), details on each precinct or polling place including name/number, location and accessibility, voting-age population and registered voters (by demographic group if available), assigned voting machines (including accessible ones), paid and volunteer poll workers, and hours of operation; and (3) within 10 days of any change to constituencies, voting units, or electoral districts (including via redistricting or shifts between at-large and district-based elections), demographic and electoral data for the state or subdivision as a whole and for any affected, eliminated, or new units or districts.

This section transfers authority for appointing, assigning, and compensating federal observers—from the Director of the Office of Personnel Management (OPM) to the Attorney General (AG)—under the Voting Rights Act of 1965 (VRA) and expands the criteria for such assignments. (Federal observers monitor elections to enforce voting rights protections against racial discrimination and other barriers.) Specifically, it (1) revises VRA Section 8(a)(2)(B) to authorize observer assignment, in the AG's judgment, to enforce the 14th or 15th Amendment, the VRA, or any other federal voting rights law in political subdivisions previously subject to Section 5 preclearance; (2) amends VRA Section 8(a) to add a new paragraph (3) authorizing assignment upon AG certification of meritorious complaints of likely Section 203 violations (i.e., bilingual election requirements for limited-English-proficient voters) or necessity to enforce Section 203; (3) amends VRA Section 3(a) to direct courts to authorize observers by the AG (in place of OPM) in enforcement proceedings; (4) revises VRA Section 8 to replace OPM with the AG for observer assignments and compensation and permits OPM to assist the AG with consent; and (5) amends VRA Section 13(a)(1) to allow termination of observers upon AG determination (in place of OPM notification). (Thus, the changes centralize observer administration in the Department of Justice while broadening deployment to address language access and other voting protections.)

This section amends four provisions of the Voting Rights Act of 1965 (VRA) to authorize an aggrieved person, in addition to the Attorney General acting in the name of the United States, to institute actions for declaratory judgment, injunctive relief, or other preventive remedies against certain voting rights violations. Specifically, the section: (1) revises VRA §10(b) to allow such actions against enforcement of poll taxes (or substitutes enacted after November 1, 1964) as a precondition to voting; (2) revises VRA §12(d) to allow such actions upon reasonable grounds to believe a person has engaged or will engage in acts that deny voting rights under the 14th, 15th, 19th, 24th, or 26th Amendments, violate VRA §11(a) or (b), or violate any federal voting rights law prohibiting discrimination based on race, color, or membership in a language minority group (and clarifies no civil cause of action exists for criminal provisions); (3) revises VRA §204 to allow such actions against a state or political subdivision for acts prohibited by that title; and (4) revises VRA §301(a)(1) to allow such actions to implement the 26th Amendment (i.e., voting rights for citizens 18 years of age or older).

This section amends Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)) to establish standards for granting preliminary relief against challenged voting qualifications, prerequisites to voting, or standards, practices, or procedures. Courts must grant such relief upon a determination that the plaintiff has raised a serious question as to a violation of provisions specified in section 111(a)(1) of the John R. Lewis Voting Rights Advancement Act of 2025 and that hardships on the defendant are outweighed by those on the plaintiff; for changes to voting practices, courts must consider factors including (1) whether the prior practice remedied court judgments, consent decrees, or admissions of voting discrimination under specified constitutional amendments, the VRA, or other laws; (2) whether the prior practice underlay dismissal or settlement of such claims; (3) adoption of the change fewer than 180 days before the election; and (4) failure to provide required notice. The section further provides that a jurisdiction's inability to enforce its voting or election laws, regulations, policies, or redistricting plans does not, standing alone, constitute irreparable harm for purposes of staying a court order or pursuing an interlocutory appeal to the Supreme Court under 28 U.S.C. 1253. (Thus, the changes ease issuance of preliminary injunctions in VRA preventive relief cases—typically heard by three-judge district courts—and limit grounds to stay them or appeal directly to the Supreme Court.)

This section defines a "prohibited act or practice" to include (A) acts creating an undue burden on the right to vote or violating the Equal Protection Clause under the 14th Amendment to the Constitution, or prohibited by the 15th, 19th, 24th, or 26th Amendments; and (B) violations of specified federal voting laws, including sections 2003 and 2004 of the Revised Statutes (52 U.S.C. 10102, 10101), the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.), Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20101 et seq.), and Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). It amends Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b))—which authorizes courts, in their discretion, to award reasonable attorney's fees to prevailing parties (other than the United States) in specified civil rights actions—to include such prohibited acts or practices in the list of covered provisions. The section further establishes standards for equitable relief in actions alleging such violations, directing courts to (1) deem proximity to an election an invalid basis to deny, stay, or vacate relief unless the opposing party proves by clear and convincing evidence of irreparable harm to the public interest or serious compliance burdens; (2) give substantial weight to the public interest in expanding voting access (disregarding a state's generalized interest in enforcing its laws); and (3) presume no such harm or burden if relief is sought within 30 days of a challenged policy's adoption or notice, or more than 45 days before the relevant election. Finally, the section directs courts reviewing stays or vacaturs of such relief to (1) give substantial weight to citizens' reliance interests and avoid abridging any citizen's vote based on such reliance; and (2) issue no stay or vacatur without specific findings—based on non-clearly-erroneous facts—that continued relief harms the public interest (including ballot access) or imposes burdens substantially outweighing public benefits.

This section amends §§11 and 12 of the Voting Rights Act of 1965 (VRA) to expand prohibitions and enforcement as follows: (1) revises §11(a) to prohibit persons acting under color of law from willfully failing or refusing to certify aggregate vote tabulations or the election of candidates receiving sufficient votes (in addition to existing prohibitions on denying the right to vote under federal law or failing to tabulate, count, or report votes); (thus extending liability to election certification); (2) amends §11(b) to prohibit intimidation, threats, or coercion against persons exercising duties under §11(a) or specified VRA enforcement provisions; (3) in §12(b), extends the Attorney General's time limit for commencing enforcement actions to 22 months following an election for federal office (from one year following an election in a political subdivision where an observer was assigned) and authorizes the Attorney General to institute a civil action upon reasonable grounds to believe a violation has occurred or is imminent; (4) amends §12(c) to penalize soliciting a violation of the VRA, in addition to conspiring to violate; and (5) revises §12(e) to require the Attorney General, upon finding well-founded allegations after polls close in a federal election that registered and eligible voters' ballots were not counted, to seek a district court order for counting, certification, and inclusion of those votes before finalizing results.

This section establishes new authority under the Voting Rights Act of 1965 for the Attorney General (or designee) to issue written demands, prior to commencing a civil action, to any state, political subdivision, or governmental agent for (1) production of relevant documentary materials for inspection and copying, (2) written answers to questions, or (3) both, concerning potential violations of federal voting rights laws. Demands must identify the voting practice under investigation and applicable federal law, provide at least 20 days to respond, exclude materials protected under Federal Rules of Civil Procedure discovery standards, require sworn certifications of compliance, and allow the Attorney General to seek district court enforcement for noncompliance.

This section adds to Title I of the Voting Rights Act of 1965 (52 U.S.C. 10301) a new section 21 defining terms as follows: (1) "Indian" has the meaning given in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); (2) "Indian lands" means (A) Indian country as defined in 18 U.S.C. 1151, (B) land in Alaska owned pursuant to the Alaska Native Claims Settlement Act by a Native village or associated Village Corporation, (C) land on which the seat of government of an Indian tribe is located, and (D) land that is part or all of a tribal designated statistical area or Alaska Native village statistical area associated with the tribe, as defined by the Bureau of the Census for the most recent decennial census; (3) "Indian tribe" has the meaning given in section 4 of the Indian Self-Determination and Education Assistance Act; (4) "Tribal Government" means the recognized governing body of an Indian tribe; and (5) "voting-age population" means the number of persons age 18 or older within a state, political subdivision, or political subdivision containing Indian lands, as calculated by the Bureau of the Census under the most recent decennial census.

This section defines "prevailing party" in the Voting Rights Act of 1965 as 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. (Thus, this specifies criteria for courts to award reasonable attorney's fees, expert fees, and litigation expenses to prevailing private parties—excluding the United States—in suits to enforce 14th or 15th Amendment voting rights guarantees.)

This section makes technical and conforming amendments to several provisions of the Voting Rights Act of 1965 (VRA), as follows: (1) In Section 3(c), which authorizes courts to retain jurisdiction in actions enforcing voting guarantees under the Fourteenth or Fifteenth Amendments to prevent new devices denying or abridging voting rights, revises covered actions from "any proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce" to "any action under any statute in which a party (including the Attorney General) seeks to enforce"; and replaces "proceeding" with "action" (i.e., "at the time the proceeding was commenced" to "at the time the action was commenced"). (2) In Section 4(f), which prohibits English-only elections where literacy tests were used and provides protections for language minority groups, strikes the second sentence of paragraph (1) and all of paragraphs (3) and (4). (3) In Section 5, which requires covered jurisdictions to obtain federal preclearance for voting changes, revises subsection (a) to apply preclearance if Section 4(b) coverage "are in effect during a calendar year" (from "based upon determinations made under the first sentence of section 4(b) are in effect") and to replace the original trigger dates ("November 1, 1964" through "November 1, 1972") with "the applicable date of coverage"; and adds subsection (e) defining applicable date of coverage for a jurisdiction as June 25, 2013 (date of Shelby County v. Holder Supreme Court decision), if its most recent Section 4(b) determination was on or before December 31, 2021, or the date of its most recent Section 4(b) determination thereafter. (4) In Section 5(a), specifies that an exigency—including a natural disaster, inclement weather, or other unforeseeable event—requiring a voting change within 30 days of a federal, state, or local election constitutes good cause for the Attorney General to expedite preclearance review.

This section establishes a severability clause for the John R. Lewis Voting Rights Advancement Act of 2025 and the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), providing that if any provision of this title or its amendments, or the Voting Rights Act, or their application to any person or circumstance, is held unconstitutional or otherwise unenforceable, the remainder and their application to others are unaffected.

This section establishes a grant program under which the Attorney General makes grants each fiscal year to small jurisdictions—defined as political subdivisions of a state with a population of 10,000 or less—that submit applications demonstrating their compliance with the Voting Rights Act of 1965. The grants assist such jurisdictions with submitting or publishing notice of changes to any qualification, prerequisite, standard, practice, or procedure affecting voting, as required by the act.

This section adds new subsection (f) to Section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307), which prohibits interference with voting rights by officials under color of law and intimidation by any person. (1) Subsection (f)(1) prohibits any person, whether or not acting under color of law, from willfully interfering with or intimidating voters, poll watchers, legally authorized election officials, or persons employed by their agents, contractors, or vendors in administering primary, special, or general elections—by force, threat of force, violence, or threat of violence—with penalties of a fine up to $2,500, imprisonment up to 6 months, or both; penalties increase to a fine up to $5,000, imprisonment up to 1 year, or both, if bodily injury results or a dangerous weapon, explosive, or fire is used, attempted, or threatened. (2) Subsection (f)(2) prohibits any person from willfully physically damaging or threatening to physically damage polling places, tabulation centers, or election infrastructure (defined in (f)(4) to include offices, staff, and devices used for voter registration, ballots, counting, etc.) with intent to interfere with election administration or vote tabulation/certification, with the same base and enhanced penalties as (f)(1); (f)(3) excludes de minimis damage or threats. (3) New subsection (g) requires written certification by the Attorney General (or designee) before the United States may prosecute offenses under subsection (f), based on lack of state jurisdiction, a state request, or public interest to secure substantial justice. (Thus, the provision expands existing prohibitions on voter interference and intimidation to private actors using force or violence against election workers and infrastructure and limits federal prosecutions to cases approved by the Department of Justice.)