6 1 2 are each amended by adding immediately after "on account of race or color" each time it appears the following: “, or in contravention of the guarantees set forth in section 4(f) 4 (1)". 3 5 SEC. 207. If any amendments made by this Act or the 6 application of any provision thereof to any person or circum7 stance is judicially determined to be invalid, the remainder of 8 the Voting Rights Act of 1965, as amended, or the application of such provision to other persons or circumstances shall not be affected by such determination. 9 10 12 SEC. 301. The Voting Rights Act of 1965 is amended 13 by adding at the end of title I the following new section: 14 19 "SEC. 206. (a) Prior to August 6, 1985, no State or 15 political subdivision shall provide ballots, voting or registra16 tion notices, registration forms, voting or registration instruc17 tions, or voting or registration assistance to voters in English 18 only, if a significant community of persons of voting age of such State or political subdivision are of any single mother 20 tongue other than English, as determined by the Director of 21 the Census, based on the 1970 decennial census: Provided, 22 That the illiteracy rate in the English language of the 23 members of the group of persons protected by this section 24 residing in such State or political subdivision is equal to or more than the nationwide illiteracy rate in the English lan 25 7 1 guage. For purposes of this subsection, illiteracy is defined as 2 failure to complete five grades of schooling. The determina3 tion of the Director of the Census under this subsection shall 4 not be subject to review in any court, and shall be effective 5 upon publication in the Federal Register. 6 “(b) Any State or political subdivision subject to the 7 provisions of subsection (a) of this section, shall provide to 8 voters written ballots (or sample ballots), regisration forms, 9 voting or registration notices, voting or regisrtation instruc10 tions, and voting or registration assistance in the mother 11 tongue of the applicable group of persons, as defined in sub12 section (a) of this section. 13 "(c) Upon publication in the Federal Register of such 14 list of all States and political subdivisions determined by the 15 Director of the Census pursuant to subsection (a), the At16 torney General shall notify such State or political subdivision 17 that it may be subject to the provisions of this section. The 18 Attorney General shall inform the chief legal officer of such 19 State or political subdivision that in order to establish that it 20 is not subject to this section, such State or political subdivision 21 must provide the Attorney General within sixty days of 22 receipt of the Attorney General's notice sufficient evidence 23 to establish that such State or political subdivision did pro24 vide to voters ballots, voting or registration notices, registra25 tion forms, voting or registration instructions, and voting and 52-004 O-75-56 8 1 registration assistance in the mother tongue of the applicable 2 group of persons, as defined in subsection (a) of this section. 3 Within thirty days of receipt of such evidence, the Attorney 4 General shall determine whether the State or political sub 5 6 division has submitted sufficient evidence to establish that such State or political subdivision has satisfied the require7 ments of subsection (b) of this section. If the Attorney Gen8 eral determines that such State or political subdivision has 9 not established that it has satisfied the requirements of sub10 section (b) of this section, he shall certify that such jurisdic11 tion is subject to the provisions of subsection (b). 12 13 Any determination of the Attorney General in accordance with the provisions of the preceding paragraph shall be 14 effective upon publication in the Federal Register, and shall 15 be reviewable in the United States District Court for the Dis16 trict of Columbia. An action pursuant to this provision shall 17 be heard and determined by a court of three judges in ac18 cordance with the provisions of section 2284 of title 28 and 19 any appeal shall be to the Supreme Court.". 20 SEC. 302. Section 203 of the Voting Rights Act of 1965 21 is amended by adding after "in violation of section 202," the 22 following: "or (c) undertakes to deny the rights protected 23 by section 206". 94TH CONGRESS 1ST SESSION S. 1443 IN THE SENATE OF THE UNITED STATES APRIL 17, 1975 Mr. MATHIAS introduced the following bill; which was read twice and referred to the Committee on the Judiciary 1 A BILL To amend the Voting Rights Act of 1965 to expand its coverage, and for other purposes. 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 7 8 9 10 11 1965 is amended by II (1) adding after "determinations have been made under": "the first two sentences of"; (2) adding at the end of the first paragraph thereof the following: "No citizen shall be denied the right to 2 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 |