42 USC Ch. 20: Front Matter
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42 USC Ch. 20: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 20-ELECTIVE FRANCHISE
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CHAPTER 20-ELECTIVE FRANCHISE

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.
1973ff–2.
Federal write-in absentee ballot for overseas voters in general elections for Federal office.

        

(a)

In general.

(b)

Submission and processing.

(c)

Special rules.

(d)

Second ballot submission; instruction to overseas voter.

(e)

Use of approved State absentee ballot in place of Federal write-in absentee ballot.

(f)

Certain States exempted.

1973ff–3.
Recommendations to States to maximize access to polls by absent uniformed services voters and overseas voters.
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.