-CITE- 42 USC CHAPTER 20 - ELECTIVE FRANCHISE 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE -HEAD- CHAPTER 20 - ELECTIVE FRANCHISE -MISC1- SUBCHAPTER I - GENERALLY Sec. 1971. Voting rights. (a) Race, color, or previous condition not to affect right to vote; uniform standards for voting qualifications; errors or omissions from papers; literacy tests; agreements between Attorney General and State or local authorities; definitions. (b) Intimidation, threats, or coercion. (c) Preventive relief; injunction; rebuttable literacy presumption; liability of United States for costs; State as party defendant. (d) Jurisdiction; exhaustion of other remedies. (e) Order qualifying person to vote; application; hearing; voting referees; transmittal of report and order; certificate of qualification; definitions. (f) Contempt; assignment of counsel; witnesses. (g) Three-judge district court: hearing, determination, expedition of action, review by Supreme Court; single-judge district court: hearing, determination, expedition of action. 1972. Interference with freedom of elections. SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS 1973. Denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation. 1973a. Proceeding to enforce the right to vote. (a) Authorization by court for appointment of Federal examiners. (b) Suspension of use of tests and devices which deny or abridge the right to vote. (c) Retention of jurisdiction to prevent commencement of new devices to deny or abridge the right to vote. 1973b. Suspension of the use of tests or devices in determining eligibility to vote. (a) Action by State or political subdivision for declaratory judgment of no denial or abridgement; three-judge district court; appeal to Supreme Court; retention of jurisdiction by three-judge court. (b) Required factual determinations necessary to allow suspension of compliance with tests and devices; publication in Federal Register. (c) "Test or device" defined. (d) Required frequency, continuation and probable recurrence of incidents of denial or abridgement to constitute forbidden use of tests or devices. (e) Completion of requisite grade level of education in American-flag schools in which the predominant classroom language was other than English. (f) Congressional findings of voting discrimination against language minorities; prohibition of English-only elections; other remedial measures. 1973c. Alteration of voting qualifications and procedures; action by State or political subdivision for declaratory judgment of no denial or abridgement of voting rights; three-judge district court; appeal to Supreme Court. 1973d. Federal voting examiners; appointment. 1973e. Examination of applicants for registration. (a) Form of application; requisite allegation of nonregistration. (b) Placement of eligible voters on official lists; transmittal of lists. (c) Certificate of eligibility. (d) Removal of names from list by examiners. 1973f. Observers at elections; assignment; duties; reports. 1973g. Challenges to eligibility listings. (a) Filing of challenge; supplementary affidavits; service upon person challenged; hearing; review. (b) Rules and regulations by Director of the Office of Personnel Management. (c) Subpena power of Director of the Office of Personnel Management; contempt. 1973h. Poll taxes. (a) Congressional finding and declaration of policy against enforced payment of poll taxes as a device to impair voting rights. (b) Authority of Attorney General to institute actions for relief against enforcement of poll tax requirement. (c) Jurisdiction of three-judge district courts; appeal to Supreme Court. 1973i. Prohibited acts. (a) Failure or refusal to permit casting or tabulation of vote. (b) Intimidation, threats, or coercion. (c) False information in registering or voting; penalties. (d) Falsification or concealment of material facts or giving of false statements in matters within jurisdiction of examiners or hearing officers; penalties. (e) Voting more than once. 1973j. Civil and criminal sanctions. (a) Depriving or attempting to deprive persons of secured rights. (b) Destroying, defacing, mutilating, or altering ballots or official voting records. (c) Conspiring to violate or interfere with secured rights. (d) Civil action by Attorney General for preventive relief; injunctive and other relief. (e) Proceeding by Attorney General to enforce the counting of ballots of registered and eligible persons who are prevented from voting. (f) Jurisdiction of district courts; exhaustion of administrative or other remedies unnecessary. 1973k. Termination of listing procedures; basis for termination; survey or census by Director of the Census. 1973l. Enforcement proceedings. (a) Criminal contempt. (b) Jurisdiction of courts for declaratory judgment, restraining orders, or temporary or permanent injunction. (c) Definitions. (d) Subpenas. (e) Attorney's fees. 1973m. Omitted. 1973n. Impairment of voting rights of persons holding current registration. 1973o. Authorization of appropriations. 1973p. Separability. SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS 1973aa. Application of prohibition to other States; "test or device" defined. 1973aa-1. Residence requirements for voting. (a) Congressional findings. (b) Congressional declaration: durational residency requirement, abolishment; absentee registration and balloting standards, establishment. (c) Prohibition of denial of right to vote because of durational residency requirement or absentee balloting. (d) Registration: time for application; absentee balloting: time of application and return of ballots. (e) Change of residence; voting in person or by absentee ballot in State of prior residence. (f) Absentee registration requirement. (g) State or local adoption of less restrictive voting practices. (h) "State" defined. (i) False registration, and other fraudulent acts and conspiracies: application of penalty for false information in registering or voting. 1973aa-1a. Bilingual election requirements. (a) Congressional findings and declaration of policy. (b) Bilingual voting materials requirement. (c) Requirement of voting notices, forms, instructions, assistance, or other materials and ballots in minority language. (d) Action for declaratory judgment permitting English-only materials. (e) Definitions. 1973aa-2. Judicial relief; civil actions by the Attorney General; three-judge district court; appeal to Supreme Court. 1973aa-3. Penalty. 1973aa-4. Separability. 1973aa-5. Survey to compile registration and voting statistics. (a) Elections to House of Representatives and elections designated by United States Commission on Civil Rights. (b) Prohibition against compulsion to disclose personal data; advice of rights. (c) Report to Congress. (d) Confidentiality of information; penalties. 1973aa-6. Voting assistance for blind, disabled or illiterate persons. SUBCHAPTER I-C - EIGHTEEN-YEAR-OLD VOTING AGE 1973bb. Enforcement of twenty-sixth amendment. 1973bb-1. "State" defined. 1973bb-2 to 1973bb-4. Repealed. SUBCHAPTER I-D - FEDERAL ABSENTEE VOTING ASSISTANCE PART I - RECOMMENDATION TO STATES 1973cc to 1973cc-3. Repealed. PART II - RESPONSIBILITIES OF FEDERAL GOVERNMENT 1973cc-11 to 1973cc-15. Repealed. PART III - GENERAL PROVISIONS 1973cc-21 to 1973cc-26. Repealed. SUBCHAPTER I-E - VOTING RIGHTS OF OVERSEAS CITIZENS 1973dd to 1973dd-6. Repealed. SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED 1973ee. Congressional declaration of purpose. 1973ee-1. Selection of polling facilities. (a) Accessibility to all polling places as responsibility of each political subdivision. (b) Exception. (c) Report to Federal Election Commission. 1973ee-2. Selection of registration facilities. 1973ee-3. Registration and voting aids. (a) Printed instructions; telecommunications devices for the deaf. (b) Medical certification. (c) Notice of availability of aids. 1973ee-4. Enforcement. (a) Action for declaratory or injunctive relief. (b) Prerequisite notice of noncompliance. (c) Attorney fees. 1973ee-5. Relationship to Voting Rights Act of 1965. 1973ee-6. Definitions. SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE 1973ff. Federal responsibilities. (a) Presidential designee. (b) Duties of Presidential designee. (c) Duties of other Federal officials. 1973ff-1. State responsibilities. (a) In general. (b) Designation of single State office to provide information on registration and absentee ballot procedures for all voters in State. (c) Report on number of absentee ballots transmitted and received. (d) Registration notification. 1973ff-2. Federal write-in absentee ballot in general elections for Federal office for absent uniformed services voters and overseas voters. (a) In general. (b) Submission and processing. (c) Special rules. (d) Second ballot submission; instruction to absent uniformed services voter or overseas voter. (e) Use of approved State absentee ballot in place of Federal write-in absentee ballot. (f) Certain States exempted. 1973ff-3. Use of single application for all subsequent elections. (a) In general. (b) Exception for voters changing registration. (c) Revision of official post card form. (d) No effect on voter removal programs. (e) Prohibition of refusal of applications on grounds of early submission. 1973ff-4. Enforcement. 1973ff-5. Effect on certain other laws. 1973ff-6. Definitions. SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION 1973gg. Findings and purposes. (a) Findings. (b) Purposes. 1973gg-1. Definitions. 1973gg-2. National procedures for voter registration for elections for Federal office. (a) In general. (b) Nonapplicability to certain States. 1973gg-3. Simultaneous application for voter registration and application for motor vehicle driver's license. (a) In general. (b) Limitation on use of information. (c) Forms and procedures. (d) Change of address. (e) Transmittal deadline. 1973gg-4. Mail registration. (a) Form. (b) Availability of forms. (c) First-time voters. (d) Undelivered notices. 1973gg-5. Voter registration agencies. (a) Designation. (b) Federal Government and private sector cooperation. (c) Armed Forces recruitment offices. (d) Transmittal deadline. 1973gg-6. Requirements with respect to administration of voter registration. (a) In general. (b) Confirmation of voter registration. (c) Voter removal programs. (d) Removal of names from voting rolls. (e) Procedure for voting following failure to return card. (f) Change of voting address within a jurisdiction. (g) Conviction in Federal court. (h) Omitted. (i) Public disclosure of voter registration activities. (j) "Registrar's jurisdiction" defined. 1973gg-7. Federal coordination and regulations. (a) In general. (b) Contents of mail voter registration form. 1973gg-8. Designation of chief State election official. 1973gg-9. Civil enforcement and private right of action. (a) Attorney General. (b) Private right of action. (c) Attorney's fees. (d) Relation to other laws. 1973gg-10. Criminal penalties. SUBCHAPTER II - FEDERAL ELECTION RECORDS 1974. Retention and preservation of records and papers by officers of elections; deposit with custodian; penalty for violation. 1974a. Theft, destruction, concealment, mutilation, or alteration of records or papers; penalties. 1974b. Demand for records or papers by Attorney General or representative; statement of basis and purpose. 1974c. Disclosure of records or papers. 1974d. Jurisdiction to compel production of records or papers. 1974e. "Officer of election" defined. -End- -CITE- 42 USC SUBCHAPTER I - GENERALLY 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I - GENERALLY -HEAD- SUBCHAPTER I - GENERALLY -End- -CITE- 42 USC Sec. 1971 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I - GENERALLY -HEAD- Sec. 1971. Voting rights -STATUTE- (a) Race, color, or previous condition not to affect right to vote; uniform standards for voting qualifications; errors or omissions from papers; literacy tests; agreements between Attorney General and State or local authorities; definitions (1) All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding. (2) No person acting under color of law shall - (A) in determining whether any individual is qualified under State law or laws to vote in any election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote; (B) deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or (C) employ any literacy test as a qualification for voting in any election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 [42 U.S.C. 1974 et seq.]: Provided, however, That the Attorney General may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith. (3) For purposes of this subsection - (A) the term "vote" shall have the same meaning as in subsection (e) of this section; (B) the phrase "literacy test" includes any test of the ability to read, write, understand, or interpret any matter. (b) Intimidation, threats, or coercion No person, whether acting under color of law or otherwise, shall intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives, Delegates or Commissioners from the Territories or possessions, at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such candidate. (c) Preventive relief; injunction; rebuttable literacy presumption; liability of United States for costs; State as party defendant Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice which would deprive any other person of any right or privilege secured by subsection (a) or (b) of this section, the Attorney General may institute for the United States, or in the name of the United States, a civil action or other proper proceeding for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order. If in any such proceeding literacy is a relevant fact there shall be a rebuttable presumption that any person who has not been adjudged an incompetent and who has completed the sixth grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico where instruction is carried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any election. In any proceeding hereunder the United States shall be liable for costs the same as a private person. Whenever, in a proceeding instituted under this subsection any official of a State or subdivision thereof is alleged to have committed any act or practice constituting a deprivation of any right or privilege secured by subsection (a) of this section, the act or practice shall also be deemed that of the State and the State may be joined as a party defendant and, if, prior to the institution of such proceeding, such official has resigned or has been relieved of his office and no successor has assumed such office, the proceeding may be instituted against the State. (d) Jurisdiction; exhaustion of other remedies The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided by law. (e) Order qualifying person to vote; application; hearing; voting referees; transmittal of report and order; certificate of qualification; definitions In any proceeding instituted pursuant to subsection (c) of this section in the event the court finds that any person has been deprived on account of race or color of any right or privilege secured by subsection (a) of this section, the court shall upon request of the Attorney General and after each party has been given notice and the opportunity to be heard make a finding whether such deprivation was or is pursuant to a pattern or practice. If the court finds such pattern or practice, any person of such race or color resident within the affected area shall, for one year and thereafter until the court subsequently finds that such pattern or practice has ceased, be entitled, upon his application therefor, to an order declaring him qualified to vote, upon proof that at any election or elections (1) he is qualified under State law to vote, and (2) he has since such finding by the court been (a) deprived of or denied under color of law the opportunity to register to vote or otherwise to qualify to vote, or (b) found not qualified to vote by any person acting under color of law. Such order shall be effective as to any election held within the longest period for which such applicant could have been registered or otherwise qualified under State law at which the applicant's qualifications would under State law entitle him to vote. Notwithstanding any inconsistent provision of State law or the action of any State officer or court, an applicant so declared qualified to vote shall be permitted to vote in any such election. The Attorney General shall cause to be transmitted certified copies of such order to the appropriate election officers. The refusal by any such officer with notice of such order to permit any person so declared qualified to vote to vote at an appropriate election shall constitute contempt of court. An application for an order pursuant to this subsection shall be heard within ten days, and the execution of any order disposing of such application shall not be stayed if the effect of such stay would be to delay the effectiveness of the order beyond the date of any election at which the applicant would otherwise be enabled to vote. The court may appoint one or more persons who are qualified voters in the judicial district, to be known as voting referees, who shall subscribe to the oath of office required by section 3331 of title 5, to serve for such period as the court shall determine, to receive such applications and to take evidence and report to the court findings as to whether or not at any election or elections (1) any such applicant is qualified under State law to vote, and (2) he has since the finding by the court heretofore specified been (a) deprived of or denied under color of law the opportunity to register to vote or otherwise to qualify to vote, or (b) found not qualified to vote by any person acting under color of law. In a proceeding before a voting referee, the applicant shall be heard ex parte at such times and places as the court shall direct. His statement under oath shall be prima facie evidence as to his age, residence, and his prior efforts to register or otherwise qualify to vote. Where proof of literacy or an understanding of other subjects is required by valid provisions of State law, the answer of the applicant, if written, shall be included in such report to the court; if oral, it shall be taken down stenographically and a transcription included in such report to the court. Upon receipt of such report, the court shall cause the Attorney General to transmit a copy thereof to the State attorney general and to each party to such proceeding together with an order to show cause within ten days, or such shorter time as the court may fix, why an order of the court should not be entered in accordance with such report. Upon the expiration of such period, such order shall be entered unless prior to that time there has been filed with the court and served upon all parties a statement of exceptions to such report. Exceptions as to matters of fact shall be considered only if supported by a duly verified copy of a public record or by affidavit of persons having personal knowledge of such facts or by statements or matters contained in such report; those relating to matters of law shall be supported by an appropriate memorandum of law. The issues of fact and law raised by such exceptions shall be determined by the court or, if the due and speedy administration of justice requires, they may be referred to the voting referee to determine in accordance with procedures prescribed by the court. A hearing as to an issue of fact shall be held only in the event that the proof in support of the exception disclose the existence of a genuine issue of material fact. The applicant's literacy and understanding of other subjects shall be determined solely on the basis of answers included in the report of the voting referee. The court, or at its direction the voting referee, shall issue to each applicant so declared qualified a certificate identifying the holder thereof as a person so qualified. Any voting referee appointed by the court pursuant to this subsection shall to the extent not inconsistent herewith have all the powers conferred upon a master by rule 53(c) of the Federal Rules of Civil Procedure. The compensation to be allowed to any persons appointed by the court pursuant to this subsection shall be fixed by the court and shall be payable by the United States. Applications pursuant to this subsection shall be determined expeditiously. In the case of any application filed twenty or more days prior to an election which is undetermined by the time of such election, the court shall issue an order authorizing the applicant to vote provisionally: Provided, however, That such applicant shall be qualified to vote under State law. In the case of an application filed within twenty days prior to an election, the court, in its discretion, may make such an order. In either case the order shall make appropriate provision for the impounding of the applicant's ballot pending determination of the application. The court may take any other action, and may authorize such referee or such other person as it may designate to take any other action, appropriate or necessary to carry out the provisions of this subsection and to enforce its decrees. This subsection shall in no way be construed as a limitation upon the existing powers of the court. When used in the subsection, the word "vote" includes all action necessary to make a vote effective including, but not limited to, registration or other action required by State law 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 and propositions for which votes are received in an election; the words "affected area" shall mean any subdivision of the State in which the laws of the State relating to voting are or have been to any extent administered by a person found in the proceeding to have violated subsection (a) of this section; and the words "qualified under State law" shall mean qualified according to the laws, customs, or usages of the State, and shall not, in any event, imply qualifications more stringent than those used by the persons found in the proceeding to have violated subsection (a) in qualifying persons other than those of the race or color against which the pattern or practice of discrimination was found to exist. (f) Contempt; assignment of counsel; witnesses Any person cited for an alleged contempt under this Act shall be allowed to make his full defense by counsel learned in the law; and the court before which he is cited or tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall be allowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial or hearing, as is usually granted to compel witnesses to appear on behalf of the prosecution. If such person shall be found by the court to be financially unable to provide for such counsel, it shall be the duty of the court to provide such counsel. (g) Three-judge district court: hearing, determination, expedition of action, review by Supreme Court; single-judge district court: hearing, determination, expedition of action In any proceeding instituted by the United States in any district court of the United States under this section in which the Attorney General requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the Attorney General, at the time he files the complaint, or any defendant in the proceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be convened to hear and determine the entire case. A copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court. In any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three- judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or, in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case. It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. -SOURCE- (R.S. Sec. 2004; Pub. L. 85-315, pt. IV, Sec. 131, Sept. 9, 1957, 71 Stat. 637; Pub. L. 86-449, title VI, Sec. 601, May 6, 1960, 74 Stat. 90; Pub. L. 88-352, title I, Sec. 101, July 2, 1964, 78 Stat. 241; Pub. L. 89-110, Sec. 15, Aug. 6, 1965, 79 Stat. 445.) -REFTEXT- REFERENCES IN TEXT The Civil Rights Act of 1960, referred to in subsec. (a)(2)(C), is Pub. L. 86-449, May 6, 1960, 74 Stat. 86, as amended. Title III of the Civil Rights Act of 1960 is classified generally to subchapter II (Sec. 1974 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables. Rule 53(c) of the Federal Rules of Civil Procedure, referred to in subsec. (e), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure. This Act, referred to in subsec. (f), is Pub. L. 85-315, Sept. 9, 1957, 71 Stat. 634, as amended, which enacted sections 1975 to 1975e and 1995 of this title and section 295-1 of former Title 5, Executive Departments and Government Officers and Employees, amended this section and sections 1343 and 1861 of Title 28, repealed section 1993 of this title, and enacted provisions set out as a note under section 1975 of this title. -COD- CODIFICATION R.S. Sec. 2004 derived from act May 31, 1870, ch. 114, Sec. 1, 16 Stat. 140. In subsec. (e), "section 3331 of title 5" was substituted for "Revised Statutes, section 1757 (5 U.S.C. 16)" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Section was formerly classified to section 31 of Title 8, Aliens and Nationality. -MISC1- AMENDMENTS 1965 - Subsecs. (a), (c). Pub. L. 89-110, Sec. 15(a), struck out "Federal" before "election" wherever appearing. Subsecs. (f) to (h). Pub. L. 89-110, Sec. 15(b), redesignated subsecs. (g) and (h) as (f) and (g), respectively, and repealed former subsec. (f) which defined "Federal elections". 1964 - Subsec. (a). Pub. L. 88-352, Sec. 101(a), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (c). Pub. L. 88-352, Sec. 101(b), provided for a rebuttable literacy presumption when a person has not been adjudged an incompetent and has completed the sixth grade of his schooling. Subsecs. (f), (g). Pub. L. 88-352, Sec. 101(c), added subsec. (f) and redesignated former subsec. (f) as (g). Subsec. (h). Pub. L. 88-352, Sec. 101(d), added subsec. (h). 1960 - Subsec. (c). Pub. L. 86-449, Sec. 601(b), permitted the State to be joined as a party defendant in cases where officials of a State or subdivision thereof are alleged to have committed acts or practices constituting a deprivation of any rights or privileges secured by subsection (a) of this section, and authorized commencement of the proceeding against the State where an official has resigned or has been relieved of his office and no successor has assumed such office. Subsecs. (e), (f). Pub. L. 86-449, Sec. 601(a), added subsec. (e) and redesignated former subsec. (e) as (f). 1957 - Pub. L. 85-315, Sec. 131, substituted "Voting rights" for "Race, color, or previous condition not to affect right to vote" in section catchline, designated existing provisions as subsec. (a), and added subsecs. (b) to (e). SHORT TITLE OF 1992 AMENDMENT Pub. L. 102-344, Sec. 1, Aug. 26, 1992, 106 Stat. 921, provided that: "This Act [amending section 1973aa-1a of this title] may be cited as the 'Voting Rights Language Assistance Act of 1992'." SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-410, Sec. 1, Aug. 28, 1986, 100 Stat. 924, provided that: "This Act [enacting subchapter I-G of this chapter, sections 608 and 609 of Title 18, Crimes and Criminal Procedure, and section 3406 of Title 39, Postal Service, amending sections 2401, 3627, and 3684 of Title 39, repealing subchapters I-D and I-E of this chapter, and enacting provisions set out as a note under section 1973ff of this title] may be cited as the 'Uniformed and Overseas Citizens Absentee Voting Act'." SHORT TITLE OF 1982 AMENDMENT Pub. L. 97-205, Sec. 1, June 29, 1982, 96 Stat. 131, provided: "That this Act [enacting section 1973aa-6 of this title, amending sections 1973, 1973b, and 1973aa-1a of this title, and enacting provisions set out as notes under sections 1973, 1973b, 1973aa-1a and 1973aa-6 of this title] may be cited as the 'Voting Rights Act Amendments of 1982'." SHORT TITLE OF 1970 AMENDMENT Pub. L. 91-285, Sec. 1, June 22, 1970, 84 Stat. 314, provided: "That this Act [designating existing provisions of Pub. L. 89-110 as subchapter I-A, enacting subchapters I-B and I-C of this chapter, and amending sections 1973b and 1973c of this title] may be cited as the 'Voting Rights Act Amendments of 1970'." SHORT TITLE OF 1960 AMENDMENT Pub. L. 86-449, Sec. 1, May 6, 1960, 74 Stat. 84, provided that: "This Act [enacting subchapter II of this chapter and sections 837, 1074, and 1509 of Title 18, Crimes and Criminal Procedure, and amending this section and sections 241 and 640 of Title 20, Education] may be cited as the 'Civil Rights Act of 1960'." SHORT TITLE OF 1957 AMENDMENT Pub. L. 85-315, pt. V, Sec. 161, Sept. 9, 1957, 71 Stat. 638, provided that: "This Act [enacting former chapter 20A of this title and section 1995 of this title and section 295-1 of former Title 5, Executive Departments and Government Officers and Employees, amending this section and sections 1343 and 1861 of Title 28, Judiciary and Judicial Procedure, and repealing section 1993 of this title] may be cited as the 'Civil Rights Act of 1957'." SHORT TITLE Pub. L. 89-110, Sec. 1, Aug. 6, 1965, 79 Stat. 437, provided that: "This Act [enacting subchapters I-A, I-B, and I-C of this chapter and amending this section] shall be known as the 'Voting Rights Act of 1965'." Act Aug. 9, 1955, ch. 656, Sec. 1, 69 Stat. 584, which provided that such Act, which enacted subchapter I-D of this chapter and repealed sections 301 to 303, 321 to 331, 341, and 351 to 355 of Title 50, War and National Defense, was to be cited as "The Federal Voting Assistance Act of 1955", was repealed by Pub. L. 99-410, title II, Sec. 203, Aug. 28, 1986, 100 Stat. 930. Pub. L. 94-203, Sec. 1, Jan. 2, 1976, 89 Stat. 1142, which provided that Pub. L. 94-203, which enacted subchapter I-E of this chapter, was to be cited as "Overseas Citizens Voting Rights Act of 1975", was repealed by Pub. L. 99-410, title II, Sec. 203, Aug. 28, 1986, 100 Stat. 930. Pub. L. 98-435, Sec. 1, Sept. 28, 1984, 98 Stat. 1678, provided that: "This Act [enacting subchapter I-F of this chapter] may be cited as the 'Voting Accessibility for the Elderly and Handicapped Act'." Pub. L. 103-31, Sec. 1, May 20, 1993, 107 Stat. 77, provided that: "This Act [enacting subchapter I-H of this chapter and section 3629 of Title 39, Postal Service, and amending sections 2401 and 3627 of Title 39] may be cited as the 'National Voter Registration Act of 1993'." SEPARABILITY Section 701 of Pub. L. 86-449 provided that: "If any provisions of this Act [see Short Title note above] is held invalid, the remainder of this Act shall not be affected thereby." VOTER REGISTRATION DRIVES Pub. L. 98-473, title I, Sec. 101(j), Oct. 12, 1984, 98 Stat. 1963, provided that: "It is the sense of the Congress that - "(1) voter registration drives should be encouraged by governmental entities at all levels; and "(2) voter registration drives conducted by State governments on a nonpartisan basis do not violate the provisions of the Intergovernmental Personnel Act (42 U.S.C. 4728, 4763)." -End- -CITE- 42 USC Sec. 1972 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I - GENERALLY -HEAD- Sec. 1972. Interference with freedom of elections -STATUTE- No officer of the Army, Navy, or Air Force of the United States shall prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or otherwise, the qualifications of voters in any State, or in any manner interfere with the freedom of any election in any State, or with the exercise of the free right of suffrage in any State. -SOURCE- (R.S. Sec. 2003.) -COD- CODIFICATION R.S. Sec. 2003 derived from act Feb. 25, 1865, ch. 52, Sec. 1, 13 Stat. 437. Air Force inserted to conform to section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 502, which established a separate Department of the Air Force, and Secretary of Defense Transfer Order No. 40 [App. A(10)], July 22, 1949, which transferred certain functions to the Air Force. Section 207(a), (f) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 8010 to 8013 continued Department of the Air Force under administrative supervision of Secretary of the Air Force. Section was formerly classified to section 32 of Title 8, Aliens and Nationality. -End- -CITE- 42 USC SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS -HEAD- SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS -End- -CITE- 42 USC Sec. 1973 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS -HEAD- Sec. 1973. Denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation -STATUTE- (a) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title, as provided in subsection (b) of this section. (b) A violation of subsection (a) of this section is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) of this section in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population. -SOURCE- (Pub. L. 89-110, title I, Sec. 2, Aug. 6, 1965, 79 Stat. 437; renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94-73, title II, Sec. 206, Aug. 6, 1975, 89 Stat. 402; Pub. L. 97-205, Sec. 3, June 29, 1982, 96 Stat. 134.) -MISC1- AMENDMENTS 1982 - Pub. L. 97-205 redesignated existing provisions as subsec. (a), struck out the comma after "voting", substituted "in a manner which results in a denial or abridgement of" for "to deny or abridge", inserted ", as provided in subsection (b) of this section" after "in contravention of the guarantees set forth in section 1973b(f)(2) of this title", and added subsec. (b). 1975 - Pub. L. 94-73 substituted "race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title" for "race or color". EFFECTIVE DATE OF 1982 AMENDMENT Section 6 of Pub. L. 97-205 provided that: "Except as otherwise provided in this Act, the amendments made by this Act [see Short Title of 1982 Amendment note below] shall take effect on the date of the enactment of this Act [June 29, 1982]." SHORT TITLE This subchapter and subchapters I-B and I-C of this chapter known as the "Voting Rights Act of 1965", see Short Title note set out under section 1971 of this title. SEPARABILITY Section 208 of Pub. L. 94-73 provided that: "If any amendments made by this Act [enacting sections 1973aa-1a and 1973aa-5 of this title, amending this section and sections 1973a to 1973d, 1973h, 1973i, 1973k, 1973l, 1973aa, 1973aa-2, 1973aa-3, 1973bb, 1973bb-1 of this title, and repealing sections 1973bb-2 to 1973bb-4 of this title] or the application of any provision thereof to any person or circumstance is judicially determined to be invalid, the remainder of the Voting Rights Act of 1965 [this subchapter and subchapters I- B and I-C of this chapter], or the application of such provision to other persons or circumstances shall not be affected by such determination." -End- -CITE- 42 USC Sec. 1973a 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS -HEAD- Sec. 1973a. Proceeding to enforce the right to vote -STATUTE- (a) Authorization by court for appointment of Federal examiners Whenever the Attorney General or an aggrieved person institutes a proceeding under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any State or political subdivision the court shall authorize the appointment of Federal examiners by the Director of the Office of Personnel Management in accordance with section 1973d of this title to serve for such period of time and for such political subdivisions as the court shall determine is appropriate to enforce the voting guarantees of the fourteenth or fifteenth amendment (1) as part of any interlocutory order if the court determines that the appointment of such examiners is necessary to enforce such voting guarantees or (2) as part of any final judgment if the court finds that violations of the fourteenth or fifteenth amendment justifying equitable relief have occurred in such State or subdivision: Provided, That the court need not authorize the appointment of examiners if any incidents of denial or abridgement of the right to vote on account of race or color, or in contravention of the voting guarantees set forth in section 1973b(f)(2) of this title (1) have been few in number and have been promptly and effectively corrected by State or local action, (2) the continuing effect of such incidents has been eliminated, and (3) there is no reasonable probability of their recurrence in the future. (b) Suspension of use of tests and devices which deny or abridge the right to vote If in a proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any State or political subdivision the court finds that a test or device has been used for the purpose or with the effect of denying or abridging the right of any citizen of the United States to vote on account of race or color, or in contravention of the voting guarantees set forth in section 1973b(f)(2) of this title, it shall suspend the use of tests and devices in such State or political subdivisions as the court shall determine is appropriate and for such period as it deems necessary. (c) Retention of jurisdiction to prevent commencement of new devices to deny or abridge the right to vote If in any proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any State or political subdivision the court finds that violations of the fourteenth or fifteenth amendment justifying equitable relief have occurred within the territory of such State or political subdivision, the court, in addition to such relief as it may grant, shall retain jurisdiction for such period as it may deem appropriate and during such period no voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting different from that in force or effect at the time the proceeding was commenced shall be enforced unless and until the court finds that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the voting guarantees set forth in section 1973b(f)(2) of this title: Provided, That such qualification, prerequisite, standard, practice, or procedure may be enforced if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission, except that neither the court's finding nor the Attorney General's failure to object shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. -SOURCE- (Pub. L. 89-110, title I, Sec. 3, Aug. 6, 1965, 79 Stat. 437; renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94-73, title II, Secs. 205, 206, title IV, Secs. 401, 410, Aug. 6, 1975, 89 Stat. 402, 404, 406; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) -MISC1- AMENDMENTS 1975 - Subsec. (a). Pub. L. 94-73 inserted reference to fourteenth amendment in three places, and substituted "voting guarantees" for "guarantees" in three places, "Attorney General or an aggrieved person" for "Attorney General", and "on account of race or color or in contravention of the voting guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". Subsec. (b). Pub. L. 94-73 substituted "Attorney General or an aggrieved person under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment" for "Attorney General under any statute to enforce the guarantees of the fifteenth amendment", and "on account of race or color, or in contravention of the voting guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". Subsec. (c). Pub. L. 94-73 substituted "Attorney General or an aggrieved person under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any State or political subdivision the court finds that violations of the fourteenth or fifteenth amendment" for "Attorney General under any statute to enforce the guarantees of the fifteenth amendment in any State or political subdivision the court finds that violations of the fifteenth amendment" and "on account of race or color, or in contravention of the voting guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". -TRANS- TRANSFER OF FUNCTIONS "Director of the Office of Personnel Management" substituted for "United States Civil Service Commission" in subsec. (a) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. -End- -CITE- 42 USC Sec. 1973b 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS -HEAD- Sec. 1973b. Suspension of the use of tests or devices in determining eligibility to vote -STATUTE- (a) Action by State or political subdivision for declaratory judgment of no denial or abridgement; three-judge district court; appeal to Supreme Court; retention of jurisdiction by three-judge court (1) To assure that the right of citizens of the United States to vote is not denied or abridged on account of race or color, no citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State with respect to which the determinations have been made under the first two sentences of subsection (b) of this section 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, or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia issues a declaratory judgment under this section. No citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State with respect to which the determinations have been made under the third sentence of subsection (b) of this section 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, or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia issues a declaratory judgment under this section. A declaratory 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) 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) of this section; (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) of this section 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; (C) no Federal examiners under subchapters I-A to I-C of this chapter have been assigned to such State or political subdivision; (D) such State or political subdivision and all governmental units within its territory have complied with section 1973c of this title, including compliance with the requirement that no change covered by section 1973c of this title has been enforced without preclearance under section 1973c of this title, and have repealed all changes covered by section 1973c of this title 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; (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 1973c of this title, with respect to any submission by or on behalf of the plaintiff or any governmental unit within its territory under section 1973c of this title, and no such submissions or declaratory judgment actions are pending; and (F) such State or political subdivision and all governmental units within its territory - (i) have eliminated voting procedures and methods of election which inhibit or dilute equal access to the electoral process; (ii) have engaged in constructive efforts to eliminate intimidation and harassment of persons exercising rights protected under subchapters I-A to I-C of this chapter; and (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. (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. (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) of this section unless the plaintiff establishes that any such violations were trivial, were promptly corrected, and were not repeated. (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. (5) An action pursuant to this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the Supreme Court. The court shall retain jurisdiction of any action pursuant to this subsection for ten years after judgment and shall reopen the action upon motion of the Attorney General or any aggrieved person alleging that conduct has occurred which, had that conduct occurred during the ten-year periods referred to in this subsection, would have precluded the issuance of a declaratory judgment under this subsection. The court, upon such reopening, shall vacate the declaratory judgment issued under this section if, after the issuance of such declaratory judgment, a final judgment against the State or subdivision with respect to which such declaratory judgment was issued, or against any governmental unit within that State or subdivision, determines 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 which sought 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) of this section have occurred anywhere in the territory of such State or subdivision, or if, after the issuance of such declaratory judgment, a consent decree, settlement, or agreement has been entered into resulting in any abandonment of a voting practice challenged on such grounds. (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. (7) The Congress shall reconsider the provisions of this section at the end of the fifteen-year period following the effective date of the amendments made by the Voting Rights Act Amendments of 1982. (8) The provisions of this section shall expire at the end of the twenty-five-year period following the effective date of the amendments made by the Voting Rights Act Amendments of 1982. (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 subsection (a)(1) of this section. Any aggrieved party may as of right intervene at any stage in such action. (b) Required factual determinations necessary to allow suspension of compliance with tests and devices; publication in Federal Register The provisions of subsection (a) of this section shall apply in any State or in any political subdivision of a State which (1) the Attorney General determines maintained on November 1, 1964, any test or device, and with respect to which (2) the Director of the Census determines that less than 50 per centum of the persons of voting age residing therein were registered on November 1, 1964, or that less than 50 per centum of such persons voted in the presidential election of November 1964. On and after August 6, 1970, in addition to any State or political subdivision of a State determined to be subject to subsection (a) of this section pursuant to the previous sentence, the provisions of subsection (a) of this section shall apply in any State or any political subdivision of a State which (i) the Attorney General determines maintained on November 1, 1968, any test or device, and with respect to which (ii) the Director of the Census determines that less than 50 per centum of the persons of voting age residing therein were registered on November 1, 1968, or that less than 50 per centum of such persons voted in the presidential election of November 1968. On and after August 6, 1975, in addition to any State or political subdivision of a State determined to be subject to subsection (a) of this section pursuant to the previous two sentences, the provisions of subsection (a) of this section shall apply in any State or any political subdivision of a State which (i) the Attorney General determines maintained on November 1, 1972, any test or device, and with respect to which (ii) the Director of the Census determines that less than 50 per centum of the citizens of voting age were registered on November 1, 1972, or that less than 50 per centum of such persons voted in the Presidential election of November 1972. A determination or certification of the Attorney General or of the Director of the Census under this section or under section 1973d or 1973k of this title shall not be reviewable in any court and shall be effective upon publication in the Federal Register. (c) "Test or device" defined The phrase "test or device" shall mean any requirement that a person as a prerequisite for voting or registration for voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of registered voters or members of any other class. (d) Required frequency, continuation and probable recurrence of incidents of denial or abridgement to constitute forbidden use of tests or devices For purposes of this section no State or political subdivision shall be determined to have engaged in the use of tests or devices for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section if (1) incidents of such use have been few in number and have been promptly and effectively corrected by State or local action, (2) the continuing effect of such incidents has been eliminated, and (3) there is no reasonable probability of their recurrence in the future. (e) Completion of requisite grade level of education in American- flag schools in which the predominant classroom language was other than English (1) Congress hereby declares that to secure the rights under the fourteenth amendment of persons educated in American-flag schools in which the predominant classroom language was other than English, it is necessary to prohibit the States from conditioning the right to vote of such persons on ability to read, write, understand, or interpret any matter in the English language. (2) No person who demonstrates that he has successfully completed the sixth primary grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico in which the predominant classroom language was other than English, shall be denied the right to vote in any Federal, State, or local election because of his inability to read, write, understand, or interpret any matter in the English language, except that in States in which State law provides that a different level of education is presumptive of literacy, he shall demonstrate that he has successfully completed an equivalent level of education in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico in which the predominant classroom language was other than English. (f) Congressional findings of voting discrimination against language minorities; prohibition of English-only elections; other remedial measures (1) The Congress finds that voting discrimination against citizens of language minorities is pervasive and national in scope. Such minority citizens are from environments in which the dominant language is other than English. In addition they have been denied equal educational opportunities by State and local governments, resulting in severe disabilities and continuing illiteracy in the English language. The Congress further finds that, where State and local officials conduct elections only in English, language minority citizens are excluded from participating in the electoral process. In many areas of the country, this exclusion is aggravated by acts of physical, economic, and political intimidation. The Congress declares that, in order to enforce the guarantees of the fourteenth and fifteenth amendments to the United States Constitution, it is necessary to eliminate such discrimination by prohibiting English-only elections, and by prescribing other remedial devices. (2) No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote because he is a member of a language minority group. (3) In addition to the meaning given the term under subsection (c) of this section, the term "test or device" shall also mean any practice or requirement by which any State or political subdivision provided any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, only in the English language, where the Director of the Census determines that more than five per centum of the citizens of voting age residing in such State or political subdivision are members of a single language minority. With respect to subsection (b) of this section, the term "test or device", as defined in this subsection, shall be employed only in making the determinations under the third sentence of that subsection. (4) Whenever any State or political subdivision subject to the prohibitions of the second sentence of subsection (a) of this section provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable language minority group as well as in the English language: Provided, That where the language of the applicable minority group is oral or unwritten or in the case of Alaskan Natives and American Indians, if the predominate language is historically unwritten, the State or political subdivision is only required to furnish oral instructions, assistance, or other information relating to registration and voting. -SOURCE- (Pub. L. 89-110, title I, Sec. 4, Aug. 6, 1965, 79 Stat. 438; renumbered title I and amended Pub. L. 91-285, Secs. 2-4, June 22, 1970, 84 Stat. 314, 315; Pub. L. 94-73, title I, Sec. 101, title II, Secs. 201-203, 206, Aug. 6, 1975, 89 Stat. 400-402; Pub. L. 97- 205, Sec. 2(a)-(c), June 29, 1982, 96 Stat. 131-133.) -REFTEXT- REFERENCES IN TEXT The Voting Rights Act Amendments of 1982, referred to in subsec. (a)(7) and (8), is Pub. L. 97-205, June 29, 1982, 96 Stat. 131. The amendments made by that Act are governed by one of three effective dates as follows: (1) The substitution, in subsec. (a) of this section, of "nineteen years" for "seventeen years", the insertion, in subsec. (f)(4) of this section, of provisions relating to Alaskan Natives and American Indians if the predominate language is historically unwritten, and the amendment of sections 1973 and 1973aa-1a of this title are effective June 29, 1982. (2) The enactment of section 1973aa-6 of this title is effective Jan. 1, 1984. (3) The complete revision of subsec. (a) of this section by section 2(b) of Pub. L. 97-205 is effective on and after Aug. 5, 1984. -MISC1- AMENDMENTS 1982 - Subsec. (a). Pub. L. 97-205, Sec. 2(a), (b), substituted "nineteen years" for "seventeen years" in three places, effective June 29, 1982, and, effective on and after Aug. 5, 1985, completely revised subsec. (a). Prior to such revision, subsec. (a) consisted of 4 undesignated paragraphs reading as follows: "To assure that the right of citizens of the United States to vote is not denied or abridged on account of race or color, no citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State with respect to which the determinations have been made under the first two sentences of subsection (b) of this section or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia in an action for a declaratory judgment brought by such State or subdivision against the United States has determined that no such test or device has been used during the seventeen years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color: Provided, That no such declaratory judgment shall issue with respect to any plaintiff for a period of seventeen years after the entry of a final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered prior to or after August 6, 1965, determining that denials or abridgments of the right to vote on account of race or color through the use of such tests or devices have occurred any where in the territory of such plaintiff. No citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State with respect to which the determinations have been made under the third sentence of subsection (b) of this section or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia in an action for a declaratory judgment brought by such State or subdivision against the United States has determined that no such test or device has been used during the ten years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section: Provided, That no such declaratory judgment shall issue with respect to any plaintiff for a period of ten years after the entry of a final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered prior to or after the enactment of this paragraph, determining that denials or abridgments of the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section through the use of tests or devices have occurred anywhere in the territory of such plaintiff. "An action pursuant to this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the Supreme Court. The court shall retain jurisdiction of any action pursuant to this subsection for five years after judgment and shall reopen the action upon motion of the Attorney General alleging that a test or device has been used for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section. "If the Attorney General determines that he has no reason to believe that any such test or device has been used during the seventeen years preceding the filing of an action under the first sentence of this subsection for the purpose or with the effect of denying or abridging the right to vote on account of race or color, he shall consent to the entry of such judgment. "If the Attorney General determines that he has no reason to believe that any such test or device has been used during the ten years preceding the filing of an action under the second sentence of this subsection for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section, he shall consent to the entry of such judgment." Subsec. (f)(4). Pub. L. 97-205, Sec. 2(c), inserted "or in the case of Alaskan Natives and American Indians, if the predominate language is historically unwritten". 1975 - Subsec. (a). Pub. L. 94-73, Secs. 101, 201, 206, in first par., substituted "seventeen years" for "ten years" in two places, and "determinations have been made under the first two sentences of subsection (b)" for "determinations have been made under subsection (b)", inserted provisions that no citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any state with respect to which the determinations have been made under the third sentence of subsection (b) of this section or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia in an action for a declaratory judgment brought by such state or subdivision against the United States has determined that no such test or device has been used during the ten years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section with the proviso that no such declaratory judgment shall issue with respect to any plaintiff for a period of ten years after the entry of final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered prior to or after the enactment of this paragraph, determining that denials or abridgments of the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section through the use of tests or devices have occurred anywhere in the territory of such plaintiff, in second par., substituted "on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this section" for "on account of race or color", in third par., substituted "seventeen years preceding the filing of an action under the first sentence of this subsection" for "ten years preceding the filing of the action", and added fourth par. Subsec. (b). Pub. L. 94-73, Sec. 202, inserted provisions that on and after August 6, 1975, in addition to any State or political subdivision of a State determined to be subject to subsection (a) pursuant to the previous two sentences, the provisions of subsection (a) shall apply in any State or any political subdivision of a State which the Attorney General determines maintained on November 1, 1972, any test or device, and with respect to which the Director of the Census determines that less than 50 per centum of the citizens of voting age were registered on November 1, 1972, or that less than 50 per centum of such persons voted in the Presidential election of November, 1972. Subsec. (d). Pub. L. 94-73, Sec. 206, substituted "on account of race or color or in contravention of the guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". Subsec. (f). Pub. L. 94-73, Sec. 203, added subsec. (f). 1970 - Subsec. (a). Pub. L. 91-285, Sec. 3, substituted "ten" for "five" years in first and third pars. Subsec. (b). Pub. L. 91-285, Sec. 4, inserted provision respecting the making of factual determinations concerning maintenance of any test or device on Nov. 1, 1968, registration of less than 50 per centum of persons of voting age on Nov. 1, 1968, and voting by less than 50 per centum of such persons in the presidential election of November 1968. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by section 2(a), (c) of Pub. L. 97-205 effective June 29, 1982, see section 6 of Pub. L. 97-205, set out as a note under section 1973 of this title. Section 2(b) of Pub. L. 97-205 provided that the amendment made by that section is effective on and after Aug. 5, 1984. -End- -CITE- 42 USC Sec. 1973c 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS -HEAD- Sec. 1973c. Alteration of voting qualifications and procedures; action by State or political subdivision for declaratory judgment of no denial or abridgement of voting rights; three-judge district court; appeal to Supreme Court -STATUTE- Whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the first sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1964, or whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the second sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1968, or whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the third sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1972, such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title, and unless and until the court enters such judgment no person shall be denied the right to vote for failure to comply with such qualification, prerequisite, standard, practice, or procedure: Provided, That such qualification, prerequisite, standard, practice, or procedure may be enforced without such proceeding if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission, or upon good cause shown, to facilitate an expedited approval within sixty days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. In the event the Attorney General affirmatively indicates that no objection will be made within the sixty-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to his attention during the remainder of the sixty-day period which would otherwise require objection in accordance with this section. Any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the Supreme Court. -SOURCE- (Pub. L. 89-110, title I, Sec. 5, Aug. 6, 1965, 79 Stat. 439; renumbered title I and amended Pub. L. 91-285, Secs. 2, 5, June 22, 1970, 84 Stat. 314, 315; Pub. L. 94-73, title II, Secs. 204, 206, title IV, Sec. 405, Aug. 6, 1975, 89 Stat. 402, 404.) -MISC1- AMENDMENTS 1975 - Pub. L. 94-73 inserted "or whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under third sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1972," after 1968, substituted "or upon good cause shown, to facilitate an expedited approval within sixty days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object," for "except that neither the Attorney General's failure to object", and "on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color", and inserted provisions that in the event the Attorney General affirmatively indicates that no objection will be made within the sixty-day period following receipt of a submission, the Attorney General may reserve the right to examine the submission if additional information comes to his attention during the remainder of the sixty-day period which would otherwise require objection in accordance with this section. 1970 - Pub. L. 91-285 inserted "based upon determinations made under the first sentence of section 1973b(b) of this title" after "section 1973b(a) of this title" and "or whenever a State or political subdivision with respect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the second sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1968," after "1964,". -End- -CITE- 42 USC Sec. 1973d 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS -HEAD- Sec. 1973d. Federal voting examiners; appointment -STATUTE- Whenever (a) a court has authorized the appointment of examiners pursuant to the provisions of section 1973a(a) of this title, or (b) unless a declaratory judgment has been rendered under section 1973b(a) of this title, the Attorney General certifies with respect to any political subdivision named in, or included within the scope of, determinations made under section 1973b(b) of this title that (1) he has received complaints in writing from twenty or more residents of such political subdivision alleging that they have been denied the right to vote under color of law on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title, and that he believes such complaints to be meritorious, or (2) that in his judgment (considering, among other factors, whether the ratio of nonwhite persons to white persons registered to vote within such subdivision appears to him to be reasonably attributable to violations of the fourteenth or fifteenth amendment or whether substantial evidence exists that bona fide efforts are being made within such subdivision to comply with the fourteenth or fifteenth amendment), the appointment of examiners is otherwise necessary to enforce the guarantees of the fourteenth or fifteenth amendment, the Director of the Office of Personnel Management shall appoint as many examiners for such subdivision as the Director may deem appropriate to prepare and maintain lists of persons eligible to vote in Federal, State, and local elections. Such examiners, hearing officers provided for in section 1973g(a) of this title and other persons deemed necessary by the Director to carry out the provisions and purposes of subchapters I-A to I-C of this chapter shall be appointed, compensated, and separated without regard to the provisions of any statute administered by the Director of the Office of Personnel Management, and service under subchapters I-A to I-C of this chapter shall not be considered employment for the purposes of any statute administered by the Director of the Office of Personnel Management, except the provisions of subchapter III of chapter 73 of title 5 relating to political activities: Provided, That the Director is authorized, after consulting the head of the appropriate department or agency, to designate suitable persons in the official service of the United States, with their consent, to serve in these positions. Examiners and hearing officers shall have the power to administer oaths. -SOURCE- (Pub. L. 89-110, title I, Sec. 6, Aug. 6, 1965, 79 Stat. 439; renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94-73, title II, Secs. 205, 206, Aug. 6, 1975, 89 Stat. 402; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 103-94, Sec. 5, Oct. 6, 1993, 107 Stat. 1005.) -MISC1- AMENDMENTS 1993 - Pub. L. 103-94 substituted "the provisions of subchapter III of chapter 73 of title 5 relating to political activities" for "the provisions of section 9 of the Act of August 2, 1939, as amended (5 U.S.C. 118i), prohibiting partisan political activity". 1975 - Pub. L. 94-73 inserted reference to fourteenth amendment in three places and substituted "on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title" for "on account of race or color". EFFECTIVE DATE OF 1993 AMENDMENT; SAVINGS PROVISION Amendment by Pub. L. 103-94 effective 120 days after Oct. 6, 1993, but not to release or extinguish any penalty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of sustaining any proper proceeding or action for enforcement of that penalty, forfeiture, or liability, and no provision of Pub. L. 103-94 to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103-94 had not been enacted, see section 12 of Pub. L. 103-94, set out as an Effective Date; Savings Provision note under section 7321 of Title 5, Government Organization and Employees. -TRANS- TRANSFER OF FUNCTIONS "Director of the Office of Personnel Management", "Director", and "the Director" substituted in text for "Civil Service Commission", "Commission", and "it", respectively, pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. -End- -CITE- 42 USC Sec. 1973e 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS -HEAD- Sec. 1973e. Examination of applicants for registration -STATUTE- (a) Form of application; requisite allegation of nonregistration The examiners for each political subdivision shall, at such places as the Director of the Office of Personnel Management shall by regulation designate, examine applicants concerning their qualifications for voting. An application to an examiner shall be in such form as the Director may require and shall contain allegations that the applicant is not otherwise registered to vote. (b) Placement of eligible voters on official lists; transmittal of lists Any person whom the examiner finds, in accordance with instructions received under section 1973g(b) of this title, to have the qualifications prescribed by State law not inconsistent with the Constitution and laws of the United States shall promptly be placed on a list of eligible voters. A challenge to such listing may be made in accordance with section 1973g(a) of this title and shall not be the basis for a prosecution under section 1973j of this title. The examiner shall certify and transmit such list, and any supplements as appropriate, at least once a month, to the offices of the appropriate election officials, with copies to the Attorney General and the attorney general of the State, and any such lists and supplements thereto transmitted during the month shall be available for public inspection on the last business day of the month and in any event not later than the forty-fifth day prior to any election. The appropriate State or local election official shall place such names on the official voting list. Any person whose name appears on the examiner's list shall be entitled and allowed to vote in the election district of his residence unless and until the appropriate election officials shall have been notified that such person has been removed from such list in accordance with subsection (d) of this section: Provided, That no person shall be entitled to vote in any election by virtue of subchapters I-A to I-C of this chapter unless his name shall have been certified and transmitted on such a list to the offices of the appropriate election officials at least forty-five days prior to such election. (c) Certificate of eligibility The examiner shall issue to each person whose name appears on such a list a certificate evidencing his eligibility to vote. (d) Removal of names from list by examiners A person whose name appears on such a list shall be removed therefrom by an examiner if (1) such person has been successfully challenged in accordance with the procedure prescribed in section 1973g of this title, or (2) he has been determined by an examiner to have lost his eligibility to vote under State law not inconsistent with the Constitution and the laws of the United States. -SOURCE- (Pub. L. 89-110, title I, Sec. 7, Aug. 6, 1965, 79 Stat. 440; renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314; amended 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) -TRANS- TRANSFER OF FUNCTIONS "Director of the Office of Personnel Management" and "Director" substituted for "Civil Service Commission" and "Commission", respectively, in subsec. (a) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. -End- -CITE- 42 USC Sec. 1973f 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS -HEAD- Sec. 1973f. Observers at elections; assignment; duties; reports -STATUTE- Whenever an examiner is serving under subchapters I-A to I-C of this chapter in any political subdivision, the Director of the Office of Personnel Management may assign, at the request of the Attorney General, one or more persons, who may be officers of the United States, (1) to enter and attend at any place for holding an election in such subdivision for the purpose of observing whether persons who are entitled to vote are being permitted to vote, and (2) to enter and attend at any place for tabulating the votes cast at any election held in such subdivision for the purpose of observing whether votes cast by persons entitled to vote are being properly tabulated. Such persons so assigned shall report to an examiner appointed for such political subdivision, to the Attorney General, and if the appointment of examiners has been authorized pursuant to section 1973a(a) of this title, to the court. -SOURCE- (Pub. L. 89-110, title I, Sec. 8, Aug. 6, 1965, 79 Stat. 441; renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314; amended 1978 Reorg. Plan. No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) -TRANS- TRANSFER OF FUNCTIONS "Director of the Office of Personnel Management" substituted in text for "Civil Service Commission" pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. -End- -CITE- 42 USC Sec. 1973g 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS -HEAD- Sec. 1973g. Challenges to eligibility listings -STATUTE- (a) Filing of challenge; supplementary affidavits; service upon person challenged; hearing; review Any challenge to a listing on an eligibility list prepared by an examiner shall be heard and determined by a hearing officer appointed by and responsible to the Director of the Office of Personnel Management and under such rules as the Director shall by regulation prescribe. Such challenge shall be entertained only if filed at such office within the State as the Director of the Office of Personnel Management shall by regulation designate, and within ten days after the listing of the challenged person is made available for public inspection, and if supported by (1) the affidavits of at least two persons having personal knowledge of the facts constituting grounds for the challenge, and (2) a certification that a copy of the challenge and affidavits have been served by mail or in person upon the person challenged at his place of residence set out in the application. Such challenge shall be determined within fifteen days after it has been filed. A petition for review of the decision of the hearing officer may be filed in the United States court of appeals for the circuit in which the person challenged resides within fifteen days after service of such decision by mail on the person petitioning for review but no decision of a hearing officer shall be reversed unless clearly erroneous. Any person listed shall be entitled and allowed to vote pending final determination by the hearing officer and by the court. (b) Rules and regulations by Director of the Office of Personnel Management The times, places, procedures, and form for application and listing pursuant to subchapters I-A to I-C of this chapter and removals from the eligibility lists shall be prescribed by regulations promulgated by the Director of the Office of Personnel Management and the Director shall, after consultation with the Attorney General, instruct examiners concerning applicable State law not inconsistent with the Constitution and laws of the United States with respect to (1) the qualifications required for listing, and (2) loss of eligibility to vote. (c) Subpena power of Director of the Office of Personnel Management; contempt Upon the request of the applicant or the challenger or on its own motion the Director of the Office of Personnel Management shall have the power to require by subpena the attendance and testimony of witnesses and the production of documentary evidence relating to any matter pending before the Director under the authority of this section. In case of contumacy or refusal to obey a subpena, any district court of the United States or the United States court of any territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process, upon application by the Attorney General of the United States shall have jurisdiction to issue to such person an order requiring such person to appear before the Director or a hearing officer, there to produce pertinent, relevant, and nonprivileged documentary evidence if so ordered, or there to give testimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof. -SOURCE- (Pub. L. 89-110, title I, Sec. 9, Aug. 6, 1965, 79 Stat. 441; renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314; amended 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) -TRANS- TRANSFER OF FUNCTIONS "Director of the Office of Personnel Management", "Director", and "the Director" substituted in text for "Civil Service Commission", "Commission", and "it", respectively, pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. -End- -CITE- 42 USC Sec. 1973h 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS -HEAD- Sec. 1973h. Poll taxes -STATUTE- (a) Congressional finding and declaration of policy against enforced payment of poll taxes as a device to impair voting rights The Congress finds that the requirement of the payment of a poll tax as a precondition to voting (i) precludes persons of limited means from voting or imposes unreasonable financial hardship upon such persons as a precondition to their exercise of the franchise, (ii) does not bear a reasonable relationship to any legitimate State interest in the conduct of elections, and (iii) in some areas has the purpose or effect of denying persons the right to vote because of race or color. Upon the basis of these findings, Congress declares that the constitutional right of citizens to vote is denied or abridged in some areas by the requirement of the payment of a poll tax as a precondition to voting. (b) Authority of Attorney General to institute actions for relief against enforcement of poll tax requirement In the exercise of the powers of Congress under section 5 of the fourteenth amendment, section 2 of the fifteenth amendment and section 2 of the twenty-fourth amendment, the Attorney General is authorized and directed to institute forthwith in the name of the United States such actions, including actions against States or political subdivisions, for declaratory judgment or injunctive relief against the enforcement of any requirement of the payment of a poll tax as a precondition to voting, or substitute therefor enacted after November 1, 1964, as will be necessary to implement the declaration of subsection (a) of this section and the purposes of this section. (c) Jurisdiction of three-judge district courts; appeal to Supreme Court The district courts of the United States shall have jurisdiction of such actions which shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. -SOURCE- (Pub. L. 89-110, title I, Sec. 10, Aug. 6, 1965, 79 Stat. 442; renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94-73, title IV, Sec. 408, Aug. 6, 1975, 89 Stat. 405.) -MISC1- AMENDMENTS 1975 - Subsec. (b). Pub. L. 94-73, Sec. 408(2), (3), inserted reference to section 2 of twenty-fourth amendment. Subsec. (d). Pub. L. 94-73, Sec. 408(1), struck out subsec. (d) which related to post-payment of poll taxes in event of a judicial declaration of constitutionality. -End- -CITE- 42 USC Sec. 1973i 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS -HEAD- Sec. 1973i. Prohibited acts -STATUTE- (a) Failure or refusal to permit casting or tabulation of vote No person acting under color of law shall fail or refuse to permit any person to vote who is entitled to vote under any provision of subchapters I-A to I-C of this chapter or is otherwise qualified to vote, or willfully fail or refuse to tabulate, count, and report such person's vote. (b) Intimidation, threats, or coercion No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote, or intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote, or intimidate, threaten, or coerce any person for exercising any powers or duties under section 1973a(a), 1973d, 1973f, 1973g, 1973h, or 1973j(e) of this title. (c) False information in registering or voting; penalties Whoever knowingly or willfully gives false information as to his name, address or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both: Provided, however, That this provision shall be applicable only to general, special, or primary elections held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico. (d) Falsification or concealment of material facts or giving of false statements in matters within jurisdiction of examiners or hearing officers; penalties Whoever, in any matter within the jurisdiction of an examiner or hearing officer knowingly and willfully falsifies or conceals a material fact, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. (e) Voting more than once (1) Whoever votes more than once in an election referred to in paragraph (2) shall be fined not more than $10,000 or imprisoned not more than five years, or both. (2) The prohibition of this subsection applies with respect to any general, special, or primary election held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico. (3) As used in this subsection, the term "votes more than once" does not include the casting of an additional ballot if all prior ballots of that voter were invalidated, nor does it include the voting in two jurisdictions under section 1973aa-1 of this title, to the extent two ballots are not cast for an election to the same candidacy or office. -SOURCE- (Pub. L. 89-110, title I, Sec. 11, Aug. 6, 1965, 79 Stat. 443; renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 91-405, title II, Sec. 204(e), Sept. 22, 1970, 84 Stat. 853; Pub. L. 94-73, title IV, Secs. 404, 409, Aug. 6, 1975, 89 Stat. 404, 405.) -MISC1- AMENDMENTS 1975 - Subsec. (c). Pub. L. 94-73, Sec. 404, inserted reference to Guam and Virgin Islands. Subsec. (e). Pub. L. 94-73, Sec. 409, added subsec. (e). 1970 - Subsec. (c). Pub. L. 91-405 substituted reference to Delegate from District of Columbia for Delegates or Commissioners from territories or possessions. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91-405, set out as an Effective Date note under section 25a of Title 2, The Congress. -End- -CITE- 42 USC Sec. 1973j 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS -HEAD- Sec. 1973j. Civil and criminal sanctions -STATUTE- (a) Depriving or attempting to deprive persons of secured rights Whoever shall deprive or attempt to deprive any person of any right secured by section 1973, 1973a, 1973b, 1973c, 1973e, or 1973h of this title or shall violate section 1973i(a) of this title, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (b) Destroying, defacing, mutilating, or altering ballots or official voting records Whoever, within a year following an election in a political subdivision in which an examiner has been appointed (1) destroys, defaces, mutilates, or otherwise alters the marking of a paper ballot which has been cast in such election, or (2) alters any official record of voting in such election tabulated from a voting machine or otherwise, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (c) Conspiring to violate or interfere with secured rights Whoever conspires to violate the provisions of subsection (a) or (b) of this section, or interferes with any right secured by section 1973, 1973a, 1973b, 1973c, 1973e, 1973h, or 1973i(a) of this title shall be fined not more than $5,000, or imprisoned not more than five years, or both. (d) Civil action by Attorney General for preventive relief; injunctive and other relief Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 1973, 1973a, 1973b, 1973c, 1973e, 1973h, 1973i, or subsection (b) of this section, the Attorney General may institute for the United States, or in the name of the United States, an action for preventive relief, including an application for a temporary or permanent injunction, restraining order, or other order, and including an order directed to the State and State or local election officials to require them (1) to permit persons listed under subchapters I-A to I-C of this chapter to vote and (2) to count such votes. (e) Proceeding by Attorney General to enforce the counting of ballots of registered and eligible persons who are prevented from voting Whenever in any political subdivision in which there are examiners appointed pursuant to subchapters I-A to I-C of this chapter any persons allege to such an examiner within forty-eight hours after the closing of the polls that notwithstanding (1) their listing under subchapters I-A to I-C of this chapter or registration by an appropriate election official and (2) their eligibility to vote, they have not been permitted to vote in such election, the examiner shall forthwith notify the Attorney General if such allegations in his opinion appear to be well founded. Upon receipt of such notification, the Attorney General may forthwith file with the district court an application for an order providing for the marking, casting, and counting of the ballots of such persons and requiring the inclusion of their votes in the total vote before the results of such election shall be deemed final and any force or effect given thereto. The district court shall hear and determine such matters immediately after the filing of such application. The remedy provided in this subsection shall not preclude any remedy available under State or Federal law. (f) Jurisdiction of district courts; exhaustion of administrative or other remedies unnecessary The district courts of the United States shall have jurisdiction