94TH CONGRESS 1ST SESSION

S. 1409

IN THE SENATE OF THE UNITED STATES

APRIL 10, 1975

Mr. MATHIAS 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 expand its coverage, and for other purposes.

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Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the "Hispanic-American 4 Voting Rights Act of 1975".

6 SEC. 201. Section 4 (a) of the Voting Rights Act of

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1965 is amended by

(1) adding after "determinations have been made

under": "the first two sentences of";

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(2) adding at the end of the first paragraph thereof the following: "No citizen shall be denied the

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right to vote in any Federal, State, or local election because of his failure to comply with any test or device in

any State with respect to which the determinations have

been made as a separate unit, unless the United States District Court for the District of Columbia in an action

for a declaratory judgment brought by such State or subdivision against the United States has determined that no such test or device has been used during the ten years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4 (f) (1): Provided, That no such declaratory judgment shall issue with respect to any plaintiff for a period of ten years after the entry of a final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered prior to or after the enactment of this paragraph, determining that denials or abridgments of the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4 (f) (1), through the use of tests or devices have

occurred anywhere in the territory of such plaintiff.";

(3) striking out "the action" in the third paragraph thereof, and by inserting in lieu thereof "an action under the first sentence of subsection 4 (a)"; and

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(4) adding following the third paragraph thereof

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the following paragraph:

"If the Attorney General determines that he has no

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reason to believe than any such test or device has been used

5 during the ten years preceding the filing of an action under

6 the second sentence of subsection 4 (a) for the purpose

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or with the effect of denying or abridging the right to

8 vote on account of race or color, or in contravention of the

9 guarantees set forth in section 4 (f) (1), he shall consent to 10 the entry of such judgment.".

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SEC. 202. Section 4 (b) of the Voting Rights Act of 12 1965 is amended by adding at the end of the first paragraph 13 thereof the following: "On or after August 6, 1975, in 14 addition to any State or political subdivision of a State 15 determined to be subject to subsection (a) pursuant to 16 the previous two sentences, the provisions of subsection (a) 17 shall apply in any State or any political subdivision of a 18 State which (i) the Attorney General determines main19 tained on November 1, 1972, any test or device, and with 20 respect to which (ii) the Director of the Census determines 21 that less than 50 per centum of the persons of voting age

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were registered on November 1, 1972, or that less than

50 per centum of such persons voted in the Presidential

24 election of November 1972.".

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SEC. 203. Section 4 of the Voting Rights Act of 1965

2 is amended by adding the following new subsection:

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"(f) (1) No citizen of Hispanic origin shall be denied

4 the right under the fourteenth and fifteenth amendments to 5 vote in any Federal, State, or local election because of his 6 inability to read, write, understand, or interpret any matter 7 in the English language. The Congress hereby declares that 8 to secure the rights of citizens of Hispanic origin to vote in 9 Federal, State, and local elections it is necessary to prohibit 10 the States and political subdivisions from conditioning the 11 right to vote of such citizens on ability to read, write, under12 stand, or interpret any matter in the English language. 13 "(2) To assure that the right of such citizens of the 14 United States to vote is not denied or abridged, no citizen 15 of Hispanic origin shall be denied the right to vote in any 16 Federal, State, or local election because of his failure to 17 comply with any test or device, as defined in paragraph (3) 18 of this subsection, in any State with respect to which deter19 minations have been made under subsection (b) or in any 20 political subdivision with respect to which such determina21 tions have been made as a separate unit.

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"(3) For purposes of this title, the term 'test or 23 device' shall also mean, in addition to the provisions of see

24 tion 4 (c), any practice or requirement by which any State

or political subdivision provided any ballots, voting or regis

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1 tration notices, registration forms, or voting or registration 2 instructions to voters only in the English language without 3 providing printed translations of such ballots, voting or regis4 tration notices, registration forms, or voting or registration 5 instructions in the Spanish language with respect to the 6 Presidential election occurring in November 1972 or any 7 election occurring after such Presidential election where the 8 Director of the Census determines that a significant com9 munity of persons of voting age residing in such State or 10 political subdivision are of Hispanic origin."

11 SEC. 204. Section 5 of the Voting Rights Act of 1965 is 12 amended by adding after "November 1, 1968", the following: 13 "or whenever a State or political subdivision with respect to 14 which the prohibitions set forth in section 4 (a) based upon 15 determinations made under the third sentence of section 16 4 (b) are in effect shall enact or seek to administer any vot17 ing qualification or prerequisite to voting, or standard, prae18 tice, or procedure with respect to voting different from that in 19 force or effect on November 1, 1972".

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SEC. 205. Sections 3 and 6 of the Voting Rights Act of 21 1965 are each amended by striking out "fifteenth amend22 ment" each time it appears and inserting in lieu thereof 23 "fourteenth and fifteenth amendments".

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SEC. 206. Sections 2, 3, the second paragraph of section 25 4 (a), 4 (d), 5, 6, and 13 of the Voting Rights Act of 1965

S. 1409-2