S. 4884 — Right to Vote Act

This section establishes a fundamental right to vote for every citizen of legal voting age in federal elections. It prohibits governments from diminishing the ability to vote unless the action is the least restrictive means of significantly furthering an important, particularized government interest, and from substantially impairing that ability unless the action significantly furthers such an interest. A substantial impairment is defined as any non-trivial change that makes voting more difficult, even if voters remain able to cast ballots.

This section authorizes civil actions in federal district courts to challenge violations of the Right to Vote Act and obtain declaratory or injunctive relief. It directs courts to apply retrogression and substantial impairment standards when reviewing such claims, with the government required to meet a clear-and-convincing-evidence burden once a plaintiff establishes a prima facie case. It also requires expedited disposition of cases and permits prevailing parties, other than the United States, to recover reasonable attorney's fees.

This section defines terms used in the Act. It designates the District of Columbia, Puerto Rico, and all U.S. territories and possessions as covered entities; adopts the meanings of election and Federal office from section 301 of the Federal Election Campaign Act of 1971; includes every branch, department, agency, instrumentality, and official acting under color of law in the definition of government; and treats vote as all actions required to register, cast a ballot, and have it counted.

This section clarifies that the Act may not be construed to authorize any government to burden the right to vote in Federal elections. It also provides that the Act does not alter rights under State or Federal constitutions or limit remedies for violations of other Federal, State, or local laws.

This section provides that if any provision of the Act is held unconstitutional, the remainder of the Act and its application to any citizen or circumstance remains in effect.

This section applies provisions addressing retrogression to any law, rule, standard, practice, procedure, or other governmental action not in effect during the November 2024 general election but in effect for federal elections on or after September 1, 2026. It applies provisions addressing substantial impairment to any such action in effect for federal elections on or after September 1, 2026.