En Español
|
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 20 - ELECTIVE FRANCHISE
SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1973b, 1973aa-4, 1973ee-5,
1973gg-6, 1973gg-9 of this title; title 28 section 1869.
Sec. 1973 Denial or abridgement of right to vote on account of
race or color through voting qualifications or prerequisites; establishment of violation
(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.
(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.)
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 OF 1982 AMENDMENT
Section 1 of Pub. L. 97-205 provided: "That this Act (enacting section
1973aa-6 of this title, amending this section and sections 1973b and 1973aa-1a of this title,
and enacting provisions set out as notes under this section and sections 1971, 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
Section 1 of Pub. L. 89-110 provided that: "This Act (enacting
subchapters I-A, I-B, and I-C of this chapter and amending section 1971 of this title)
shall be known as the 'Voting Rights Act of 1965'."
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."
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1973j of this title.
Sec. 1973a Proceeding to enforce the right to vote
(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.
(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, Sec. 205, 206, title IV,
Sec. 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.)
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".
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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1973d, 1973f, 1973i, 1973j, 1973k
of this title.
Sec. 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
(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.
(Pub. L. 89-110, title I, Sec. 4, Aug. 6, 1965, 79 Stat. 438; renumbered title I and
amended Pub. L. 91-285, Sec. 2-4, June 22, 1970, 84 Stat. 314, 315; Pub. L. 94-73, title I,
Sec. 101, title II, Sec. 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.)
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.
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 precedng 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, Sec. 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
quot; 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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1973, 1973a, 1973c, 1973d,
1973h, 1973j, 1973k, 1973l, 1973aa-5 of this title.
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
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.
(Pub. L. 89-110, title I, Sec. 5, Aug. 6, 1965, 79 Stat. 439; renumbered title I and
amended Pub. L. 91-285, Sec. 2, 5, June 22, 1970, 84 Stat. 314, 315; Pub. L. 94-73,
title II, Sec. 204, 206, title IV, Sec. 405, Aug. 6, 1975, 89 Stat. 402, 404.)
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,".
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1973b, 1973j, 1973l of this title.
Sec. 1973d Federal voting examiners; appointment
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.
(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,
Sec. 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.)
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.
TRANSFER OF FUNCTIONS
"Director of the Office of Personnel Management
quot;, "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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1973a, 1973b, 1973i, 1973k
f this title.
Sec. 1973e Examination of applicants for registration
(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.
(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.)
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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1973j of this title.
Sec. 1973f Observers at elections; assignment; duties; reports
Whenever an examiner is serving under subchapters I-A to I-C of this title 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.
(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.)
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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1973i of this title. 42 USC Sec. 1973g
Sec. 1973g Challenges to eligibility listings
(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
f 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.
(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.)
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.
This section is referred to in sections 1973d, 1973e, 1973i, 1973l
of this title.
Sec. 1973h Poll taxes
(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.
(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.)
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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1973j of this title.
Sec. 1973i Prohibited acts
(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.
(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, Sec. 404, 409,
Aug. 6, 1975, 89 Stat. 404, 405.)
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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1973j, 1973aa-1 of this title.
Sec. 1973j Civil and criminal sanctions
(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 alleged 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 of proceedings instituted
pursuant to this section and shall exercise the same without regard to whether a person
asserting rights under the provisions of subchapters I-A to I-C of this chapter shall have
exhausted any administrative or other remedies that may be provided by law.
(Pub. L. 89-110, title I, Sec. 12, Aug. 6, 1965, 79 Stat. 443; Pub. L. 90-284, title I,
Sec. 103(c), Apr. 11, 1968, 82 Stat. 75; renumbered title I, Pub. L. 91-285, Sec. 2,
June 22, 1970, 84 Stat. 314.)
AMENDMENTS
1968 - Subsecs. (a), (c). Pub. L. 90-284 struck out reference to violation
of section 1973i(b) of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1973e, 1973i of this title.
Sec. 1973k Termination of listing procedures; basis for
termination; survey or census by Director of the Census
Listing procedures shall be terminated in any political subdivision of any
State (a) with respect to examiners appointed pursuant to clause (b) of section 1973d of
this title whenever the Attorney General notifies the Director of the Office of Personnel
Management, or whenever the District Court for the District of Columbia determines in an
action for declaratory judgment brought by any political subdivision with respect to which
the Director of the Census has determined that more than 50 per centum of the nonwhite persons
of voting age residing therein are registered to vote, (1) that all persons listed by an
examiner for such subdivision have been placed on the appropriate voting registration
roll, and (2) that there is no longer reasonable cause to believe that persons will be
deprived of or denied 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 in such subdivision, and
(b), with respect to examiners appointed pursuant to section 1973a(a) of this title, upon
order of the authorizing court. A political subdivision may petition the Attorney General
for the termination of listing procedures under clause (a) of this section, and may petition
the Attorney General to request the Director of the Census to take such survey or census as
may be appropriate for the making of the determination provided for in this section. The
District Court for the District of Columbia shall have jurisdiction to require such survey
or census to be made by the Director of the Census and it shall require him to do so if it
deems the Attorney General's refusal to request such survey or census to be arbitrary or unreasonable.
(Pub. L. 89-110, title I, Sec. 13, Aug. 6, 1965, 79 Stat. 444; 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; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979,
43 F.R. 36037, 92 Stat. 3783.)
AMENDMENTS
1975 - Pub. L. 94-73 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".
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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1973b, 1973i of this title.
Sec. 1973l Enforcement proceedings
(a) Criminal contempt
All cases of criminal contempt arising under the provisions of subchapters I-A to I-C
of this chapter shall be governed by section 1995 of this title.
(b) Jurisdiction of courts for declaratory judgment, restraining orders, or temporary or
permanent injunction
No court other than the District Court for the District of Columbia or a court of appeals
in any proceeding under section 1973g of this title shall have jurisdiction to issue any
declaratory judgment pursuant to section 1973b or 1973c of this title or any restraining order
or temporary or permanent injunction against the execution or enforcement of any provision of
subchapters I-A to I-C of this chapter or any action of any Federal officer or employee pursuant
hereto.
(c) Definitions
(1) The terms "vote" or "voting" shall include all action necessary
to make a vote effective in any primary, special, or general election, including, but not
limited to, registration, listing pursuant to this subchapter, or other action required by
law prerequisite to voting, casting a ballot, and having such ballot counted properly and
included in the appropriate totals of votes cast with respect to candidates for public or
party office and propositions for which votes are received in an election.
(2) The term "political subdivision" shall mean any county or parish, except
that where registration for voting is not conducted under the supervision of a county or parish,
the term shall include any other subdivision of a State which conducts registration for voting.
(3) The term "language minorities" or "language minority group" means
persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage.
(d) Subpenas
In any action for a declaratory judgment brought pursuant to section 1973b or 1973c of
this title, subpenas for witnesses who are required to attend the District Court for the
District of Columbia may be served in any judicial district of the United States: Provided,
That no writ of subpena shall issue for witnesses without the District of Columbia at a
greater distance than one hundred miles from the place of holding court without the permission
of the District Court for the District of Columbia being first had upon proper application
and cause shown.
(e) Attorney's fees
In any action or proceeding to enforce the voting guarantees of the fourteenth or
fifteenth amendment, the court, in its discretion, may allow the prevailing party, other
than the United States, a reasonable attorney's fee as part of the costs.
(Pub. L. 89-110, title I, Sec. 14, Aug. 6, 1965, 79 Stat. 445; renumbered title I,
Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94-73, title II,
Sec. 207, title IV, Sec. 402, Aug. 6, 1975, 89 Stat. 402, 404.)
AMENDMENTS
1975 - Subsec. (c)(3). Pub. L. 94-73, Sec. 207, added par. (3). Subsec. (e).
Pub. L. 94-73, Sec. 402, added subsec. (e).
Sec. 1973n Impairment of voting rights of persons holding
current registration
Nothing in subchapters I-A to I-C of this chapter shall be construed to deny, impair,
or otherwise adversely affect the right to vote of any person registered to vote under the
law of any State or political subdivision.
(Pub. L. 89-110, title I, Sec. 17, Aug. 6, 1965, 79 Stat. 446; renumbered title I,
Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314.)
Sec. 1973o Authorization of appropriations
There are hereby authorized to be appropriated such sums as are necessary to carry out
the provisions of subchapters I-A to I-C of this chapter.
(Pub. L. 89-110, title I, Sec. 18, Aug. 6, 1965, 79 Stat. 446; renumbered title I,
Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314.)
Sec. 1973p Separability
If any provision of subchapters I-A to I-C of this chapter or the application thereof
to any person or circumstances is held invalid, the remainder of subchapters I-A to I-C
of this chapter and the application of the provision to other persons not similarly situated
or to other circumstances shall not be affected thereby.
(Pub. L. 89-110, title I, Sec. 19, Aug. 6, 1965, 79 Stat. 446; renumbered title I,
Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314.)
Notes:
The information provided on this page was obtained from the World
Wide Web site maintained by the United States House of Representatives. It has been
reformatted for the convenience of the users but not changed. Please inform us if you discover any errors or omissions.
Go to the Civil Rights Division Home Page
Go to the Department of Justice Home Page
Updated July 25, 2008
|