1 2 8 forms, voting or registration instructions, and voting and registration assistance in the mother tongue of the applicable 3 group of persons, as defined in subsection (a) of this section. 4 Within thirty days of receipt of such evidence, the Attorney 5 6 General shall determine whether the State or political sub division has submitted sufficient evidence to establish that 7 such State or political subdivision has satisfied the requirements of subsection (b) of this section. If the Attorney General determines that such State or political subdivision has not established that it has satisfied the requirements of 9 10 11 subsection (b) of this section, he shall certify that such 12 jurisdiction is subject to the provisions of subsection (b). "Any determination of the Attorney General in accord 13 14 ance with the provisions of the preceding paragraph shall 15 be effective upon publication in the Federal Register, and 16 shall be reviewable in the United States District Court for 17 the District of Columbia. An action pursuant to this provi18 sion shall be heard and determined by a court of three judges 19 in accordance with the provisions of section 2284 of title 20 28 and any appeal shall be to the Supreme Court.". 21 SEC. 302. Section 203 of the Voting Rights Act of 1965 22 is amended by adding after "in violation of section 202," 23 the following: "or (c) undertakes to deny the rights pro24 tected by section 206.". 94TH CONGRESS 1ST SESSION S. 1279 IN THE SENATE OF THE UNITED STATES APRIL 7, 1975 Referred to the Committee on the Judiciary and ordered to be printed AMENDMENTS Intended to be proposed by Mr. BAYH (for himself, Mr. HASKELL, Mr. GARY W. HART, Mr. PHILIP A. HART, and Mr. HUGH SCOTT) to S. 1279, a bill to amend the Voting Rights Act of 1965 to extend certain provisions for an additional ten years and to make permanent the ban against certain prerequisites to voting, viz: 1 2 3 On page 1 strike line 3 and insert the following: "TITLE I "SEC. 101. Section 4 (a) of the Voting Rights Act of 4 1965 is". 5 6 7 of". Strike line 6 and insert the following: "SEC. 102. Section 201 (a) of the Voting Rights Act At the end of the bill add the following titles: 8 Amdt. No. 312 1 2 2 "TITLE II "SEC. 201. Section 4 (a) of the Voting Rights Act of 3 1965 is amended by "(1) adding after 'determinations have been made under': 'the first two sentences of'; “(2) adding at the end of the first paragraph there of the following: No citizen shall be denied the 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 under the third sentence of subsection (b) of this section or in any political subdivision with respect to which such 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 judg ment brought by such State or subdivision against the United States has determined that no such test or de vice 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 plantiff 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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 or 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 "(4) adding following the third paragraph thereof the following paragraph: 'If the Attorney General determines that he has no reason to believe that any such test or device has been used during the ten years preceding the filing of an action under the second sentence of sub section 4 (a) 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), he shall consent to the entry of such judgment.'. "SEC. 202. Section 4 (b) of the Voting Rights Act of 22 1965 is amended by adding at the end of the first paragraph 23 thereof the following: 'On or after August 6, 1975, in addi21 tion to any State or political subdivision of a State determined to be subject to subsection (a) pursuant to the previous two 25 4 1 sentences, the provisions of subsection (a) shall apply in any 2 State or any political subdivisions of a State which (i) the 3 Attorney General determines maintained on November 1, 1972, any test or device, and with respect to which (ii) the 5 Director of the Census determines that less than 50 per cen 6 tum of the persons of voting age were registered on Novem7 ber 1, 1972, or that less than 50 per centum of such persons 8 voted in the Presidential election of November 1972.' 9 "SEC. 203. Section 4 of the Voting Rights Act of 1965 10 is amended by adding the following new subsection: 11 "(f) (1) No citizen of Spanish origin shall be denied 12 the right under the fourteenth and fifteenth amendments to 13 vote in any Federal, State, or local election because of his 11 inability to read, write, understand, or interpret any matter in 15 the English language or because of any other qualification or 16 prerequisite to voting, or standard, practice, or procedure, 17 with respect to voting which has the purpose or effect of 18 denying or abridging the right to vote of all such persons. 19 The Congress hereby declares that to secure the rights of 20 citizens of Spanish origin to vote in Federal, State, and local 21 elections it is necessary to prohibit the States and political 22 subdivisions from conditioning the right to vote of such citi23 zens on ability to read, write, understand, or interpret any 24 matter in the English language. 25 "(2) To assure that the right of such citizens of the |