Public Law 97–205

by inserting “(1)” after “(a)”;

by inserting “or in any political subdivision of such State (as such subdivision existed on the date such determinations were made with respect to such State), though such determinations were not made with respect to such subdivision as a separate unit,” before “or in any political subdivision with respect to which” each place it appears;

by striking out “in an action for a declaratory judgment” the first place it appears and all that follows through “color through the use of such tests or devices have occurred anywhere in the territory of such plaintiff.”, and inserting in lieu thereof “issues a declaratory judgment under this section.”;

by striking out “in an action for a declaratory judgment” the second place it appears and all that follows through “section 4(f)(2) through the use of tests or devices have occurred anywhere in the territory of such plaintiff.”, and inserting in lieu thereof the following:

“issues a declaratory judgment under this section. A declaratory

Declaratory judgment proceedings.

judgment under this section shall issue only if such court determines that during the ten years preceding the filing of the action, and during the pendency of such action—

“(A)“(A)

no such test or device has been used within such State or political subdivision for the purpose or with the effect of denying or abridging the right to vote on account of race or color or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2);

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“(B)“(B)

no final judgment of any court of the United States, other than the denial of declaratory judgment under this section, has determined that denials or abridgements of the right to vote on account of race or color have occurred anywhere in the territory of such State or political subdivision or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) that denials or abridgements of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision and no consent decree, settlement, or agreement has been entered into resulting in any abandonment of a voting practice challenged on such grounds; and no declaratory judgment under this section shall be entered during the pendency of an action commenced before the filing of an action under this section and alleging such denials or abridgements of the right to vote;

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“(C)“(C)

no Federal examiners under this Act have been assigned to such State or political subdivision;

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“(D)“(D)

such State or political subdivision and all governmental units within its territory have complied with section 5 of this Act, including compliance with the requirement that no change

42 USC 1973c.

covered by section 5 has been enforced without preclearance under section 5, and have repealed all changes covered by section 5 to which the Attorney General has successfully objected or as to which the United States District Court for the District of Columbia has denied a declaratory judgment;

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“(E)“(E)

the Attorney General has not interposed any objection (that has not been overturned by a final judgment of a court) and no declaratory judgment has been denied under section 5, with respect to any submission by or on behalf of the plaintiff or any governmental unit within its territory under section 5, and no such submissions or declaratory judgment actions are pending; and

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“(F)“(F)

such State or political subdivision and all governmental units within its territory—

“(i)“(i)

have eliminated voting procedures and methods of election which inhibit or dilute equal access to the electoral process;

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“(ii)“(ii)

have engaged in constructive efforts to eliminate intimidation and harassment of persons exercising rights protected under this Act; and

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“(iii)“(iii)

have engaged in other constructive efforts, such as expanded opportunity for convenient registration and voting for every person of voting age and the appointment of minority persons as election officials throughout the jurisdiction and at all stages of the election and registration process.

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“(2)“(2)

To assist the court in determining whether to issue a declaratory judgment under this subsection, the plaintiff shall present evidence of minority participation, including evidence of the levels of minority group registration and voting, changes in such levels over time, and disparities between minority-group and non-minority-group participation.

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“(3)“(3)

No declaratory judgment shall issue under this subsection with respect to such State or political subdivision if such plaintiff and governmental units within its territory have, during the period beginning ten years before the date the judgment is issued, engaged in violations of any provision of the Constitution or laws of the United States or any State or political subdivision with respect to discrimination in voting on account of race or color or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2) unless the plaintiff establishes that any such violations were trivial, were promptly corrected, and were not repeated.

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“(4)“(4)

The State or political subdivision bringing such action shall publicize the intended commencement and any proposed settlement of such action in the media serving such State or political subdivision and in appropriate United States post offices. Any aggrieved party may as of right intervene at any stage in such action.”;

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in the second paragraph—

by striking out “If the Attorney General” the first place it appears and all that follows through the end of such subsection and inserting in lieu thereof the following:

“(6)“(6)

If, after two years from the date of the filing of a declaratory judgment under this subsection, no date has been set for a hearing in such action, and that delay has not been the result of an avoidable delay on the part of counsel for any party, the chief judge of the United States District Court for the District of Columbia may request the Judicial Council for the Circuit of the District of Columbia to provide the necessary judicial resources to expedite any action filed under this section. If such resources are unavailable within the circuit, the chief judge shall file a certificate of necessity in accordance with section 292(d) of title 28 of the United States Code.

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“(7)“(7)

The Congress shall reconsider the provisions of this section at

Congressional reconsideration.

the end of the fifteen-year period following the effective date of the amendments made by the Voting Rights Act Amendments of 1982.

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“(8)“(8)

The provisions of this section shall expire at the end of the

Expiration date.

twenty-five-year period following the effective date of the amendments made by the Voting Rights Act Amendments of 1982.

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“(9)“(9)

Nothing in this section shall prohibit the Attorney General from consenting to an entry of judgment if based upon a showing of objective and compelling evidence by the plaintiff, and upon investigation, he is satisfied that the State or political subdivision has complied with the requirements of section 4(a)(1). Any aggrieved party may as of right intervene at any stage in such action.”.

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