S. 4884: Right to Vote Act

The Right to Vote Act would create a federal statutory right for eligible citizens to vote in elections for federal office, and it would limit government actions that make voting harder.

Main effect

The bill says that every citizen who is old enough to vote has a fundamental right to vote in federal elections. It then sets rules for when a government can change voting laws or procedures:

• A government could not reduce voting access unless the change is the least restrictive way to significantly advance an important, specific government interest.
• A government could not substantially make voting harder unless the change significantly advances an important, specific government interest.

In practical terms, this means laws, rules, or practices that make registration, casting a ballot, or having a ballot counted more difficult could be challenged under this act.

How courts would handle challenges

The bill creates a process for people to sue if they believe a voting rule violates the act. Cases could be filed in federal court in Washington, D.C., or in the district where the alleged violation happened, or where a defendant lives or does business.

In these lawsuits:

• The person challenging the rule would first need to show that it makes voting harder or substantially harder.
• The government would then have to justify the rule with clear and convincing evidence.
• For some claims, even if the government shows a valid interest, the rule could still be struck down if a less restrictive alternative exists.

The bill also tells courts to handle these cases quickly.

Attorneys’ fees

The bill would allow prevailing plaintiffs to seek attorneys’ fees under the federal civil rights fee-shifting law, which can reduce the cost of bringing a lawsuit to enforce the act.

Where the bill applies

The bill defines “government” broadly to include federal, state, local, and territorial officials and agencies. It defines “covered entities” as the District of Columbia, Puerto Rico, and U.S. territories and possessions. It applies to elections for federal office, and “vote” includes registration, casting a ballot, and having the ballot counted.

Other provisions

The bill says it does not authorize governments to burden the right to vote, and it does not limit any other rights or remedies already available under state or federal law.

It also includes a severability clause, meaning if one part is found unconstitutional, the rest can still remain in effect.

Effective date

The bill’s main voting-rights standards would apply to certain voting rules in place for federal elections on or after September 1, 2026. One section applies to rules not in effect during the November 2024 general election but in effect on or after that date, even if those rules are already adopted before enactment.

Relevant Companies

None found