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1 Fact Sheet: The John R. Lewis Voting Rights Advancement Act: The Bill Would Strengthen Legal Protections against Discriminatory Voting Policies and Practices, Restoring the Voting Rights Act 1 (2023)

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FACT   SHEET



The John R. Lewis Voting



Rights Advancement Act


The   bill would strengthen legal protections against discriminatory

voting   policies and practices, restoring the Voting Rights Act.


The John R. Lewis Voting Rights Advancement Act
(H.R.14) would modernize and revitalize the Voting Rights
Act of 1965. The Supreme Court has hampered the law
by gutting its preclearance provisions in Shelby County v
Holder (2013) and by making it harder to sue to stop
discriminatory practices in Brnovich v DNC (2021). The
John Lewis Act would strengthen the law, moving us
closer to ending discrimination in voting and guarantee-
ing equal access to the ballot.


Key Provisions

Preclearance
Geographic coverage: The John Lewis Act creates a new
framework to determine which states and localities will
be subject to preclearance. Under the requirement, juris-
dictions with a history of voting discrimination must get
approval from the Department of Justice or a federal
court in Washington, DC, before changing their voting
laws or practices to ensure that the changes are not
discriminatory. In Shelby County, the Supreme Court
struck down the Voting Rights Act's preclearance
formula, saying it was outdated. The bill updates the
formula to ensure that state and local coverage is based
on recent evidence of discrimination.

Practice-based coverage: The John Lewis Act makes some
types of voting changes subject to preclearance nation-


wide, if certain conditions are met, because those changes
are so often discriminatory. The following practices would
be covered:

  Creating at-large districts in places with sufficiently
  large minority populations.

  Changing jurisdiction boundaries to remove minori-
  ties from the jurisdiction in places with sufficiently
  large minority populations.

  Changing the boundaries of a district where a
  minority group is sufficiently large and has had a
  large population increase.

  Imposing stricter requirements for documentation or
  proof of identity to vote.

  Reducing the availability of or altering multilingual
  voting materials.

  Reducing, consolidating, or relocating polling places,
  early and Election Day voting opportunities, or
  absentee voting opportunities in places with suffi-
  ciently large minority populations.

  Making it easier to remove voters from the rolls in
  places with sufficiently large minority populations.


Brennan Center for Justice at New York University School of Law


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