Right to Vote Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9437 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9437

 Protecting the right to vote in elections for Federal office, and for
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2026

 Ms. Lee of Pennsylvania (for herself, Mr. Neguse, Mr. Krishnamoorthi,
   Ms. Tlaib, Ms. Norton, Mrs. Ramirez, Mr. Garcia of Illinois, Mr.
 Deluzio, Mr. Thanedar, Mr. Johnson of Georgia, Ms. Simon, Mr. Peters,
    Mr. Evans of Pennsylvania, Mrs. Watson Coleman, Mr. Jackson of
 Illinois, Mr. Carson, Mr. Casar, Mr. Frost, Ms. Craig, Ms. McClellan,
Ms. Pressley, Mr. Veasey, Ms. Omar, and Mr. Green of Texas) introduced
    the following bill; which was referred to the Committee on the
                               Judiciary

_______________________________________________________________________

                                 A BILL

 Protecting the right to vote in elections for Federal office, and for
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Right to Vote Act''.

SEC. 2. UNDUE BURDENS ON THE ABILITY TO VOTE IN ELECTIONS FOR FEDERAL
              OFFICE PROHIBITED.

    (a) In General.--Every citizen of legal voting age shall have the
fundamental right to vote in elections for Federal office.
    (b) Retrogression.--A government may not diminish the ability to
vote in an election for Federal office unless the law, rule, standard,
practice, procedure, or other governmental action causing the
diminishment is the least restrictive means of significantly furthering
an important, particularized government interest.
    (c) Substantial Impairment.--A government may not substantially
impair the ability to vote in an election for Federal office unless the
law, rule, standard, practice, procedure, or other governmental action
causing the impairment significantly furthers an important,
particularized governmental interest. A substantial impairment is a
non-trivial impairment that makes it more difficult to vote than if the
law, rule, standard, practice, procedure, or other governmental action
had not been adopted or implemented. An impairment may be substantial
even if the voter or other similarly situated voters are able to vote
notwithstanding the impairment.

SEC. 3. JUDICIAL REVIEW.

    (a) Civil Action.--An action challenging a violation of the rights
created by this Act may be brought in the district court for the
District of Columbia, or the district court for the district in which
the violation took place or where any defendant resides or does
business, at the selection of the plaintiff, to obtain all appropriate
relief, whether declaratory or injunctive, or facial or as-applied.
Process may be served in any district where a defendant resides, does
business, or may be found.
    (b) Standards To Be Applied.--Courts adjudicating actions brought
to enforce the rights created by this Act shall apply the following
standards:
            (1) Retrogression.--
                    (A) A plaintiff establishes a prima facie case of
                retrogression by demonstrating by a preponderance of
                the evidence that a rule, standard, practice,
                procedure, or other governmental action diminishes the
                ability, or otherwise makes it more difficult, to vote.
                    (B) Once a plaintiff establishes a prima facie case
                as described in subparagraph (A), the government shall
                be provided an opportunity to demonstrate by clear and
                convincing evidence that the diminishment is necessary
                to significantly further an important, particularized
                governmental interest.
                    (C) If the government meets its burden under
                subparagraph (B), the challenged rule, standard,
                practice, procedure, or other governmental action shall
                nonetheless be deemed invalid if the plaintiff
                demonstrates by a preponderance of the evidence that
                the government could adopt or implement a less-
                restrictive means of furthering the particular
                important governmental interest.
            (2) Substantial impairment.--
                    (A) A plaintiff establishes a prima facie case of
                substantial impairment by demonstrating by a
                preponderance of the evidence that a rule, standard,
                practice, procedure, or other governmental action
                substantially impairs the ability, or makes it
                substantially difficult, to vote.
                    (B) Once a plaintiff establishes a prima facie case
                as described in subparagraph (A), the government shall
                be provided an opportunity to demonstrate by clear and
                convincing evidence that the impairment significantly
                furthers an important, particularized governmental
                interest.
    (c) Duty To Expedite.--It shall be the duty of the court to advance
on the docket and to expedite to the greatest reasonable extent the
disposition of the action and appeal under this section.
    (d) Attorney's Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended--
            (1) by striking ``or section 40302'' and inserting
        ``section 40302''; and
            (2) by striking ``, the court'' and inserting ``, or the
        Right to Vote Act, the court''.

SEC. 4. DEFINITIONS.

    In this Act--
            (1) the term ``covered entity'' means the District of
        Columbia, the Commonwealth of Puerto Rico, and each territory
        and possession of the United States;
            (2) the terms ``election'' and ``Federal office'' have the
        meanings given such terms in section 301 of the Federal
        Election Campaign Act of 1971 (52 U.S.C. 30101);
            (3) the term ``government'' includes a branch, department,
        agency, instrumentality, and official (or other person acting
        under color of law) of the United States, of any State, of any
        covered entity, or of any political subdivision of any State or
        covered entity; and
            (4) the term ``vote'' means all actions necessary to make a
        vote effective, including registration or other action required
        by law as a prerequisite to voting, casting a ballot, and
        having such ballot counted and included in the appropriate
        totals of votes cast with respect to candidates for public
        office for which votes are received in an election.

SEC. 5. RULES OF CONSTRUCTION.

    (a) Burdens Not Authorized.--Nothing in this Act may be construed
to authorize a government to burden the right to vote in elections for
Federal office.
    (b) Other Rights and Remedies.--Nothing in this Act shall be
construed as indicating an intent on the part of Congress to alter any
rights existing under a State constitution or the Constitution of the
United States, or to limit any remedies for any other violations of
Federal, State, or local law.

SEC. 6. SEVERABILITY.

    If any provision of this Act or the application of such provision
to any citizen or circumstance is held to be unconstitutional, the
remainder of this Act and the application of the provisions of such to
any citizen or circumstance shall not be affected thereby.

SEC. 7. EFFECTIVE DATES.

    (a) Actions Brought for Retrogression.--Subsection (b) of section 2
shall apply to any law, rule, standard, practice, procedure, or other
governmental action that was not in effect during the November 2024
general election for Federal office but that will be in effect with
respect to elections for Federal office occurring on or after September
1, 2026, even if such law, rule, standard, practice, procedure, or
other governmental action is already in effect as of the date of
enactment of this Act.
    (b) Actions Brought for Substantial Impairment.--Subsection (c) of
section 2 shall apply to any law, rule, standard, practice, procedure,
or other governmental action in effect with respect to elections for
Federal office occurring on or after September 1, 2026.
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