This legislation, titled the "Right to Vote Act," establishes a fundamental right for every citizen of legal voting age to participate in elections for Federal office. It specifically prohibits any government action that would diminish the ability to vote unless that action is the least restrictive means of significantly furthering an important, particularized government interest. Furthermore, it forbids actions that would substantially impair the ability to vote , defining such impairment as any non-trivial difficulty that makes voting harder. The Act provides for judicial review, allowing civil actions to be brought in federal courts to challenge violations of these rights. It sets distinct standards for adjudicating claims of retrogression (diminishment) and substantial impairment. For retrogression, once a plaintiff shows diminishment, the government must prove by clear and convincing evidence that the action is necessary, and the plaintiff can still prevail by demonstrating a less-restrictive alternative. For substantial impairment, the government must show by clear and convincing evidence that the action significantly furthers an important interest. Courts are mandated to expedite these cases, and attorney's fees are available for prevailing parties.
This legislation, titled the "Right to Vote Act," establishes a fundamental right for every citizen of legal voting age to participate in elections for Federal office. It specifically prohibits any government action that would diminish the ability to vote unless that action is the least restrictive means of significantly furthering an important, particularized government interest. Furthermore, it forbids actions that would substantially impair the ability to vote , defining such impairment as any non-trivial difficulty that makes voting harder. The Act provides for judicial review, allowing civil actions to be brought in federal courts to challenge violations of these rights. It sets distinct standards for adjudicating claims of retrogression (diminishment) and substantial impairment. For retrogression, once a plaintiff shows diminishment, the government must prove by clear and convincing evidence that the action is necessary, and the plaintiff can still prevail by demonstrating a less-restrictive alternative. For substantial impairment, the government must show by clear and convincing evidence that the action significantly furthers an important interest. Courts are mandated to expedite these cases, and attorney's fees are available for prevailing parties.