94TH CONGRESS 1ST SESSION S. 1279 UNITED IN THE SENATE OF THE UNITED STATES APRIL 14, 1975 Referred to the Committee on the Judiciary and ordered to be printed AMENDMENT (IN THE NATURE OF A SUBSTITUTE) Intended to be proposed by Mr. TUNNEY 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: Strike out all after the enacting clause and insert in lieu thereof the following: 1 TITLE I-EXTENSION OF THE VOTING RIGHTS 3 SEC. 101. Section 4 (a) of the Voting Rights Act of 4 1965 (79 Stat. 438; 42 U.S.C. 1973b (a) ), as amended by 5 the Voting Rights Act Amendments of 1970 (84 Stat. 315). 6 is further amended by striking the words "ten years" wher 7 ever they appear in the first and third paragraphs and by 8 substituting the words "twenty years". Amdt. No. 343 2 1 SEC. 102. Section 201 (a) of the Voting Rights Act of 2 1965 (42 U.S.C. 1973aa (a)), as added by the Voting 3 Rights Act Amendments of 1970 (84 Stat. 315), is amended 4 by striking "August 6, 1975" and substituting "August 6, 5 1985". 6 7 9 TITLE II-BILINGUAL ELECTIONS SEC. 201. The Voting Rights Act of 1965 is amended by 8 adding at the end of section 205 the following new section: "SEC. 206. (a) Prior to August 6, 1985, no political 10 subdivision shall provide ballots, voting or registration 11 notices, registration forms, voting or registration instructions, 12 or voting or registration assistance to voters in English only, 13 if more than 5 per centum of the persons of voting age of 14 such political subdivision are of any single mother tongue 15 other than English, as determined by the Director of the 16 Census, based on the 1970 decennial census, and if the 17 illiteracy rate in the English language of the members of the 18 group of persons protected by this section residing in such 19 political subdivision is more than the nationwide illiteracy 20 rate in the English language. For purposes of this subsection, 21 illiteracy is defined as failure to complete five grades of school22 ing. The determination of the Director of the Census under 23 this subsection shall not be subject to review in any court, 24 and shall be effective upon publication in the Federal 25 Register. 1 3 "(b) Any political subdivision subject to the provisions 2 of subsection (a) of this section, shall provide to voters writ 3 ten ballots (or sample ballots), registration forms, voting or 4 registration notices, voting or registration instructions, and 5 voting or registration assistance in the mother tongue of the 6 applicable group of persons, as defined in subsection (a) of 7 this section. 8 "(c) With respect to any political subdivision subject 9 to the provisions of this section as a result of determinations 10 made under subsection (a) of this section, such political sub11 division shall be exempted from the provisions of this 12 section if the United States District Court for the District of 13 Columbia in an action for a declaratory judgment brought by 14 such political subdivision against the United States has deter15 mined that the illiteracy rate in the English language of the 16 members of the class of persons protected by this section by 17 operation of subsection (a) of this section residing in such 18 political subdivision and citizens of the United States is equal 19 to or less than the nationwide illiteracy rate for all persons 20 of voting age. For purposes of this subsection, illiteracy is 21 defined as failure to complete five grades of schooling." 22 SEC. 202. Section 203 of the Voting Rights Act of 1965 (84 Stat. 317; 42 U.S.C. 1973aa-2) is amended by adding 24 after the words "in violation of section 202." the following: 23 94TH CONGRESS 1ST SESSION S. 1279 IN THE SENATE OF THE UNITED STATES APRIL 14, 1975 Referred to the Committee on the Judiciary and ordered to be printed AMENDMENT (IN THE NATURE OF A SUBSTITUTE) Intended to be proposed by Mr. TUNNEY 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: Strike out all after the enacting clause and insert in lieu thereof the following: 1 2 TITLE I-EXTENSION OF THE VOTING RIGHTS 3 SEC. 101. Section 4 (a) of the Voting Rights Act of 4 1965 (79 Stat. 438; 42 U.S.C. 1973b (a)), as amended by 5 the Voting Rights Act Amendments of 1970 (84 Stat. 315), 6 is further amended by striking the words "ten years" wher7 ever they appear in the first and third paragraphs and by 8 substituting the words "twenty years". Amdt. No. 344 |