-CITE-

42 USC CHAPTER 20 - ELECTIVE FRANCHISE 01/06/03

-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 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. 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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-

SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1973b, 1973aa-4,

1973ee-5, 1973gg-6, 1973gg-9, 15441, 15451, 15545 of this title;

title 28 section 1869.

-End-

-CITE-

42 USC Sec. 1973 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1973j of this title.

-End-

-CITE-

42 USC Sec. 1973a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973d, 1973f, 1973i,

1973j, 1973k of this title.

-End-

-CITE-

42 USC Sec. 1973b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - 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.

-SECREF-

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.

-End-

-CITE-

42 USC Sec. 1973c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - 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,".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973b, 1973j, 1973l,

15545 of this title.

-End-

-CITE-

42 USC Sec. 1973d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973a, 1973b, 1973i,

1973k of this title.

-End-

-CITE-

42 USC Sec. 1973e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1973j of this title.

-End-

-CITE-

42 USC Sec. 1973f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - 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 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.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1973i of this title.

-End-

-CITE-

42 USC Sec. 1973g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973d, 1973e, 1973i,

1973l of this title.

-End-

-CITE-

42 USC Sec. 1973h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1973j of this title.

-End-

-CITE-

42 USC Sec. 1973i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973j, 1973aa-1, 15544 of

this title.

-End-

-CITE-

42 USC Sec. 1973j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - 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 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.

-SOURCE-

(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.)

-MISC1-

AMENDMENTS

1968 - Subsecs. (a), (c). Pub. L. 90-284 struck out reference to

violation of section 1973i(b) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973e, 1973i of this

title.

-End-

-CITE-

42 USC Sec. 1973k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-

Sec. 1973k. Termination of listing procedures; basis for

termination; survey or census by Director of the Census

-STATUTE-

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.

-SOURCE-

(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.)

-MISC1-

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".

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973b, 1973i of this

title.

-End-

-CITE-

42 USC Sec. 1973l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-

Sec. 1973l. Enforcement proceedings

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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).

-End-

-CITE-

42 USC Sec. 1973m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-

Sec. 1973m. Omitted

-COD-

CODIFICATION

Section, Pub. L. 89-110, title I, Sec. 16, Aug. 6, 1965, 79 Stat.

445; renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84

Stat. 314, authorized Attorney General and Secretary of Defense,

jointly, to make a study to determine whether laws or practices of

any State or States impose preconditions to voting resulting in

discrimination against Armed Forces personnel seeking to vote and

to make a report to Congress not later than June 30, 1966, with the

results of such study and recommendations for legislation.

-End-

-CITE-

42 USC Sec. 1973n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-

Sec. 1973n. Impairment of voting rights of persons holding current

registration

-STATUTE-

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.

-SOURCE-

(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.)

-End-

-CITE-

42 USC Sec. 1973o 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-

Sec. 1973o. Authorization of appropriations

-STATUTE-

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.

-SOURCE-

(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.)

-End-

-CITE-

42 USC Sec. 1973p 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-

Sec. 1973p. Separability

-STATUTE-

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.

-SOURCE-

(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.)

-End-

-CITE-

42 USC SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09B - SUPPLEMENTAL PROVISIONS

-HEAD-

SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1973b, 1973d, 1973e,

1973f, 1973g, 1973i, 1973j, 1973l, 1973n, 1973o, 1973p, 1973ee-5,

1973gg-6, 1973gg-9, 15441, 15451, 15545 of this title; title 28

section 1869.

-End-

-CITE-

42 USC Sec. 1973aa 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09B - SUPPLEMENTAL PROVISIONS

-HEAD-

Sec. 1973aa. Application of prohibition to other States; "test or

device" defined

-STATUTE-

(a) No citizen shall be denied, because of his failure to comply

with any test or device, the right to vote in any Federal, State,

or local election conducted in any State or political subdivision

of a State.

(b) As used in this section, the term "test or device" means 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.

-SOURCE-

(Pub. L. 89-110, title II, Sec. 201, as added Pub. L. 91-285, Sec.

6, June 22, 1970, 84 Stat. 315; amended Pub. L. 94-73, title I,

Sec. 102, Aug. 6, 1975, 89 Stat. 400.)

-MISC1-

AMENDMENTS

1975 - Subsec. (a). Pub. L. 94-73 struck out "Prior to August 6,

1975," and "as to which the provisions of section 1973b(a) of this

title are not in effect by reason of determinations made under

section 1973b(b) of this title".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973aa-2, 1973aa-3 of

this title.

-End-

-CITE-

42 USC Sec. 1973aa-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09B - SUPPLEMENTAL PROVISIONS

-HEAD-

Sec. 1973aa-1. Residence requirements for voting

-STATUTE-

(a) Congressional findings

The Congress hereby finds that the imposition and application of

the durational residency requirement as a precondition to voting

for the offices of President and Vice President, and the lack of

sufficient opportunities for absentee registration and absentee

balloting in presidential elections -

(1) denies or abridges the inherent constitutional right of

citizens to vote for their President and Vice President;

(2) denies or abridges the inherent constitutional right of

citizens to enjoy their free movement across State lines;

(3) denies or abridges the privileges and immunities guaranteed

to the citizens of each State under article IV, section 2, clause

1, of the Constitution;

(4) in some instances has the impermissible purpose or effect

of denying citizens the right to vote for such officers because

of the way they may vote;

(5) has the effect of denying to citizens the equality of civil

rights, and due process and equal protection of the laws that are

guaranteed to them under the fourteenth amendment; and

(6) does not bear a reasonable relationship to any compelling

State interest in the conduct of presidential elections.

(b) Congressional declaration: durational residency requirement,

abolishment; absentee registration and balloting standards,

establishment

Upon the basis of these findings, Congress declares that in order

to secure and protect the above-stated rights of citizens under the

Constitution, to enable citizens to better obtain the enjoyment of

such rights, and to enforce the guarantees of the fourteenth

amendment, it is necessary (1) to completely abolish the durational

residency requirement as a precondition to voting for President and

Vice President, and (2) to establish nationwide, uniform standards

relative to absentee registration and absentee balloting in

presidential elections.

(c) Prohibition of denial of right to vote because of durational

residency requirement or absentee balloting

No citizen of the United States who is otherwise qualified to

vote in any election for President and Vice President shall be

denied the right to vote for electors for President and Vice

President, or for President and Vice President, in such election

because of the failure of such citizen to comply with any

durational residency requirement of such State or political

subdivision; nor shall any citizen of the United States be denied

the right to vote for electors for President and Vice President, or

for President and Vice President, in such election because of the

failure of such citizen to be physically present in such State or

political subdivision at the time of such election, if such citizen

shall have complied with the requirements prescribed by the law of

such State or political subdivision providing for the casting of

absentee ballots in such election.

(d) Registration: time for application; absentee balloting: time of

application and return of ballots

For the purposes of this section, each State shall provide by law

for the registration or other means of qualification of all duly

qualified residents of such State who apply, not later than thirty

days immediately prior to any presidential election, for

registration or qualification to vote for the choice of electors

for President and Vice President or for President and Vice

President in such election; and each State shall provide by law for

the casting of absentee ballots for the choice of electors for

President and Vice President, or for President and Vice President,

by all duly qualified residents of such State who may be absent

from their election district or unit in such State on the day such

election is held and who have applied therefor not later than seven

days immediately prior to such election and have returned such

ballots to the appropriate election official of such State not

later than the time of closing of the polls in such State on the

day of such election.

(e) Change of residence; voting in person or by absentee ballot in

State of prior residence

If any citizen of the United States who is otherwise qualified to

vote in any State or political subdivision in any election for

President and Vice President has begun residence in such State or

political subdivision after the thirtieth day next preceding such

election and, for that reason, does not satisfy the registration

requirements of such State or political subdivision he shall be

allowed to vote for the choice of electors for President and Vice

President, or for President and Vice President, in such election,

(1) in person in the State or political subdivision in which he

resided immediately prior to his removal if he had satisfied, as of

the date of his change of residence, the requirements to vote in

that State or political subdivision, or (2) by absentee ballot in

the State or political subdivision in which he resided immediately

prior to his removal if he satisfies, but for his nonresident

status and the reason for his absence, the requirements for

absentee voting in that State or political subdivision.

(f) Absentee registration requirement

No citizen of the United States who is otherwise qualified to

vote by absentee ballot in any State or political subdivision in

any election for President and Vice President shall be denied the

right to vote for the choice of electors for President and Vice

President, or for President and Vice President, in such election

because of any requirement of registration that does not include a

provision for absentee registration.

(g) State or local adoption of less restrictive voting practices

Nothing in this section shall prevent any State or political

subdivision from adopting less restrictive voting practices than

those that are prescribed herein.

(h) "State" defined

The term "State" as used in this section includes each of the

several States and the District of Columbia.

(i) False registration, and other fraudulent acts and conspiracies:

application of penalty for false information in registering or

voting

The provisions of section 1973i(c) of this title shall apply to

false registration, and other fraudulent acts and conspiracies,

committed under this section.

-SOURCE-

(Pub. L. 89-110, title II, Sec. 202, as added Pub. L. 91-285, Sec.

6, June 22, 1970, 84 Stat. 316.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973i, 1973aa-2, 1973aa-3

of this title.

-End-

-CITE-

42 USC Sec. 1973aa-1a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09B - SUPPLEMENTAL PROVISIONS

-HEAD-

Sec. 1973aa-1a. Bilingual election requirements

-STATUTE-

(a) Congressional findings and declaration of policy

The Congress finds that, through the use of various practices and

procedures, citizens of language minorities have been effectively

excluded from participation in the electoral process. Among other

factors, the denial of the right to vote of such minority group

citizens is ordinarily directly related to the unequal educational

opportunities afforded them resulting in high illiteracy and low

voting participation. 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 these practices, and by

prescribing other remedial devices.

(b) Bilingual voting materials requirement

(1) Generally

Before August 6, 2007, no covered State or political

subdivision shall provide voting materials only in the English

language.

(2) Covered States and political subdivisions

(A) Generally

A State or political subdivision is a covered State or

political subdivision for the purposes of this subsection if

the Director of the Census determines, based on census data,

that -

(i)(I) more than 5 percent of the citizens of voting age of

such State or political subdivision are members of a single

language minority and are limited-English proficient;

(II) more than 10,000 of the citizens of voting age of such

political subdivision are members of a single language

minority and are limited-English proficient; or

(III) in the case of a political subdivision that contains

all or any part of an Indian reservation, more than 5 percent

of the American Indian or Alaska Native citizens of voting

age within the Indian reservation are members of a single

language minority and are limited-English proficient; and

(ii) the illiteracy rate of the citizens in the language

minority as a group is higher than the national illiteracy

rate.

(B) Exception

The prohibitions of this subsection do not apply in any

political subdivision that has less than 5 percent voting age

limited-English proficient citizens of each language minority

which comprises over 5 percent of the statewide limited-English

proficient population of voting age citizens, unless the

political subdivision is a covered political subdivision

independently from its State.

(3) Definitions

As used in this section -

(A) the term "voting materials" means registration or voting

notices, forms, instructions, assistance, or other materials or

information relating to the electoral process, including

ballots;

(B) the term "limited-English proficient" means unable to

speak or understand English adequately enough to participate in

the electoral process;

(C) the term "Indian reservation" means any area that is an

American Indian or Alaska Native area, as defined by the Census

Bureau for the purposes of the 1990 decennial census;

(D) the term "citizens" means citizens of the United States;

and

(E) the term "illiteracy" means the failure to complete the

5th primary grade.

(4) Special rule

The determinations of the Director of the Census under this

subsection shall be effective upon publication in the Federal

Register and shall not be subject to review in any court.

(c) Requirement of voting notices, forms, instructions, assistance,

or other materials and ballots in minority language

Whenever any State or political subdivision subject to the

prohibition of subsection (b) 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 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 predominant 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.

(d) Action for declaratory judgment permitting English-only

materials

Any State or political subdivision subject to the prohibition of

subsection (b) of this section, which seeks to provide English-only

registration or voting materials or information, including ballots,

may file an action against the United States in the United States

District Court for a declaratory judgment permitting such

provision. The court shall grant the requested relief if it

determines that the illiteracy rate of the applicable language

minority group within the State or political subdivision is equal

to or less than the national illiteracy rate.

(e) Definitions

For purposes of this section, the term "language minorities" or

"language minority group" means persons who are American Indian,

Asian American, Alaskan Natives, or of Spanish heritage.

-SOURCE-

(Pub. L. 89-110, title II, Sec. 203, as added Pub. L. 94-73, title

III, Sec. 301, Aug. 6, 1975, 89 Stat. 402; amended Pub. L. 97-205,

Secs. 2(d), 4, June 29, 1982, 96 Stat. 134; Pub. L. 102-344, Sec.

2, Aug. 26, 1992, 106 Stat. 921.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-344 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "Prior

to August 6, 1992, no State or political subdivision shall provide

registration or voting notices, forms, instructions, assistance, or

other materials or information relating to the electoral process,

including ballots, only in the English language if the Director of

the Census determines (i) that more than 5 percent of the citizens

of voting age of such State or political subdivision are members of

a single language minority and (ii) that the illiteracy rate of

such persons as a group is higher than the national illiteracy

rate: Provided, That the prohibitions of this subsection shall not

apply in any political subdivision which has less than five percent

voting age citizens of each language minority which comprises over

five percent of the statewide population of voting age citizens.

For purposes of this subsection, illiteracy means the failure to

complete the fifth primary grade. The determinations of the

Director of the Census under this subsection shall be effective

upon publication in the Federal Register and shall not be subject

to review in any court."

1982 - Subsec. (b). Pub. L. 97-205, Sec. 4, substituted "Prior to

August 6, 1992" for "Prior to August 6, 1985".

Subsec. (c). Pub. L. 97-205, Sec. 2(d), inserted "and American

Indians" after "Alaskan natives".

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by 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.

EXTENSION TO AUGUST 6, 1992, OF PROHIBITION ON USE OF VOTING

INSTRUCTIONS, ASSISTANCE, OR OTHER MATERIALS OR INFORMATION IN

ENGLISH ONLY; LIMITATIONS BASED ON 1980 CENSUS AND SUBSEQUENT

CENSUS DATA

Section 4 of Pub. L. 97-205 provided in part that: "[T]he

extension made by this section [amending subsec. (b) of this

section] shall apply only to determinations made by the Director of

the Census under clause (i) of section 203(b) [subsec. (b)(i) of

this section] for members of a single language minority who do not

speak or understand English adequately enough to participate in the

electoral process when such a determination can be made by the

Director of the Census based on the 1980 and subsequent census

data."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973aa-2, 1973aa-3, 15481

of this title.

-End-

-CITE-

42 USC Sec. 1973aa-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09B - SUPPLEMENTAL PROVISIONS

-HEAD-

Sec. 1973aa-2. Judicial relief; civil actions by the Attorney

General; three-judge district court; appeal to Supreme Court

-STATUTE-

Whenever the Attorney General has reason to believe that a State

or political subdivision (a) has enacted or is seeking to

administer any test or device as a prerequisite to voting in

violation of the prohibition contained in section 1973aa of this

title, or (b) undertakes to deny the right to vote in any election

in violation of section 1973aa-1 or 1973aa-1a of this title, he may

institute for the United States, or in the name of the United

States, an action in a district court of the United States, in

accordance with sections 1391 through 1393 (!1) of title 28, for a

restraining order, a preliminary or permanent injunction, or such

other order as he deems appropriate. An action under 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 be to the Supreme Court.

-SOURCE-

(Pub. L. 89-110, title II, Sec. 204, formerly Sec. 203, as added

Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 317; renumbered

Sec. 204 and amended Pub. L. 94-73, title III, Secs. 302, 303,

title IV, Sec. 406, Aug. 6, 1975, 89 Stat. 403, 405.)

-REFTEXT-

REFERENCES IN TEXT

Section 1393 of title 28, referred to in text, was repealed by

Pub. L. 100-702, title X, Sec. 1001(a), Nov. 19, 1988, 102 Stat.

4664.

-MISC1-

AMENDMENTS

1975 - Pub. L. 94-73 inserted reference to section 1973aa-1a of

this title and substituted reference to section 2284 of title 28

for reference to section 2282 of title 28.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1973aa-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09B - SUPPLEMENTAL PROVISIONS

-HEAD-

Sec. 1973aa-3. Penalty

-STATUTE-

Whoever shall deprive or attempt to deprive any person of any

right secured by section 1973aa, 1973aa-1, or 1973aa-1a of this

title shall be fined not more than $5,000, or imprisoned not more

than five years, or both.

-SOURCE-

(Pub. L. 89-110, title II, Sec. 205, formerly Sec. 204, as added

Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 317; renumbered

Sec. 205 and amended Pub. L. 94-73, title III, Secs. 302, 304, Aug.

6, 1975, 89 Stat. 403.)

-MISC1-

AMENDMENTS

1975 - Pub. L. 94-73 inserted reference to section 1973aa-1a of

this title.

-End-

-CITE-

42 USC Sec. 1973aa-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09B - SUPPLEMENTAL PROVISIONS

-HEAD-

Sec. 1973aa-4. Separability

-STATUTE-

If any provision of subchapters I-A to I-C of this chapter or the

application of any provision thereof to any person or circumstance

is judicially determined to be invalid, the remainder of

subchapters I-A to I-C of this chapter or the application of such

provision to other persons or circumstances shall not be affected

by such determination.

-SOURCE-

(Pub. L. 89-110, title II, Sec. 206, formerly Sec. 205, as added

Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 318; renumbered

Sec. 206, Pub. L. 94-73, title III, Sec. 302, Aug. 6, 1975, 89

Stat. 403.)

-End-

-CITE-

42 USC Sec. 1973aa-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09B - SUPPLEMENTAL PROVISIONS

-HEAD-

Sec. 1973aa-5. Survey to compile registration and voting statistics

-STATUTE-

(a) Elections to House of Representatives and elections designated

by United States Commission on Civil Rights

Congress hereby directs the Director of the Census forthwith to

conduct a survey to compile registration and voting statistics: (i)

in every State or political subdivision with respect to which the

prohibitions of section 1973b(a) of this title are in effect, for

every statewide general election for Members of the United States

House of Representatives after January 1, 1974; and (ii) in every

State or political subdivision for any election designated by the

United States Commission on Civil Rights. Such surveys shall only

include a count of citizens of voting age, race or color, and

national origin, and a determination of the extent to which such

persons are registered to vote and have voted in the elections

surveyed.

(b) Prohibition against compulsion to disclose personal data;

advice of rights

In any survey under subsection (a) of this section no person

shall be compelled to disclose his race, color, national origin,

political party affiliation, or how he voted (or the reasons

therefor), nor shall any penalty be imposed for his failure or

refusal to make such disclosures. Every person interrogated orally,

by written survey or questionnaire, or by any other means with

respect to such information shall be fully advised of his right to

fail or refuse to furnish such information.

(c) Report to Congress

The Director of the Census shall, at the earliest practicable

time, report to the Congress the results of every survey conducted

pursuant to the provisions of subsection (a) of this section.

(d) Confidentiality of information; penalties

The provisions of section 9 and chapter 7 of title 13 shall apply

to any survey, collection, or compilation of registration and

voting statistics carried out under subsection (a) of this section.

-SOURCE-

(Pub. L. 89-110, title II, Sec. 207, as added Pub. L. 94-73, title

IV, Sec. 403, Aug. 6, 1975, 89 Stat. 404.)

-End-

-CITE-

42 USC Sec. 1973aa-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09B - SUPPLEMENTAL PROVISIONS

-HEAD-

Sec. 1973aa-6. Voting assistance for blind, disabled or illiterate

persons

-STATUTE-

Any voter who requires assistance to vote by reason of blindness,

disability, or inability to read or write may be given assistance

by a person of the voter's choice, other than the voter's employer

or agent of that employer or officer or agent of the voter's union.

-SOURCE-

(Pub. L. 89-110, title II, Sec. 208, as added Pub. L. 97-205, Sec.

5, June 29, 1982, 96 Stat. 135.)

-MISC1-

EFFECTIVE DATE

Section 5 of Pub. L. 97-205 provided that this section is

effective Jan. 1, 1984.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1973ee-3 of this title.

-End-

-CITE-

42 USC SUBCHAPTER I-C - EIGHTEEN-YEAR-OLD VOTING AGE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09C - EIGHTEEN-YEAR-OLD VOTING AGE

-HEAD-

SUBCHAPTER I-C - EIGHTEEN-YEAR-OLD VOTING AGE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1973b, 1973d, 1973e,

1973f, 1973g, 1973i, 1973j, 1973l, 1973n, 1973o, 1973p, 1973aa-4,

1973ee-5, 1973gg-6, 1973gg-9, 15441, 15451, 15545 of this title;

title 28 section 1869.

-End-

-CITE-

42 USC Sec. 1973bb 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09C - EIGHTEEN-YEAR-OLD VOTING AGE

-HEAD-

Sec. 1973bb. Enforcement of twenty-sixth amendment

-STATUTE-

(a)(1) The Attorney General is directed to institute, in the name

of the United States, such actions against States or political

subdivisions, including actions for injunctive relief, as he may

determine to be necessary to implement the twenty-sixth article of

amendment to the Constitution of the United States.

(2) The district courts of the United States shall have

jurisdiction of proceedings instituted under this subchapter, which

shall be heard and determined by a court of three judges in

accordance with 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 and determination

thereof, and to cause the case to be in every way expedited.

(b) Whoever shall deny or attempt to deny any person of any right

secured by the twenty-sixth article of amendment to the

Constitution of the United States shall be fined not more than

$5,000 or imprisoned not more than five years, or both.

-SOURCE-

(Pub. L. 89-110, title III, Sec. 301, as added Pub. L. 91-285, Sec.

6, June 22, 1970, 84 Stat. 318; amended Pub. L. 94-73, title IV,

Sec. 407, Aug. 6, 1975, 89 Stat. 405.)

-MISC1-

AMENDMENTS

1975 - Pub. L. 94-73 substituted provisions authorizing the

Attorney General to institute proceedings to enforce twenty-sixth

amendment, the jurisdiction of the district courts, and penalties

for denial of rights secured by twenty-sixth amendment, for

provisions relating to Congressional findings and prohibition of

denial of right to vote on account of age.

-End-

-CITE-

42 USC Sec. 1973bb-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09C - EIGHTEEN-YEAR-OLD VOTING AGE

-HEAD-

Sec. 1973bb-1. "State" defined

-STATUTE-

As used in this subchapter, the term "State" includes the

District of Columbia.

-SOURCE-

(Pub. L. 89-110, title III, Sec. 302, as added Pub. L. 91-285, Sec.

6, June 22, 1970, 84 Stat. 318; amended Pub. L. 94-73, title IV,

Sec. 407, Aug. 6, 1975, 89 Stat. 405.)

-MISC1-

AMENDMENTS

1975 - Pub. L. 94-73 substituted definition of State for

provisions prohibiting denial of right to vote because of age.

-End-

-CITE-

42 USC Secs. 1973bb-2 to 1973bb-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09C - EIGHTEEN-YEAR-OLD VOTING AGE

-HEAD-

Secs. 1973bb-2 to 1973bb-4. Repealed. Pub. L. 94-73, title IV, Sec.

407, Aug. 6, 1975, 89 Stat. 405

-MISC1-

Section 1973bb-2, Pub. L. 89-110, title III, Sec. 303, as added

Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 318, authorized the

Attorney General to institute actions to enforce this subchapter,

and provided for jurisdiction of district courts, appeals, and

penalties for denial of rights secured by this subchapter. See

section 1973bb of this title.

Section 1973bb-3, Pub. L. 89-110, title III, Sec. 304, as added

Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 319, defined

"State". See section 1973bb-1 of this title.

Section 1973bb-4, Pub. L. 891-10, title III, Sec. 305, as added

Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 319, provided for

effective date of this subchapter.

-End-

-CITE-

42 USC SUBCHAPTER I-D - FEDERAL ABSENTEE VOTING

ASSISTANCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09D - FEDERAL ABSENTEE VOTING ASSISTANCE

-HEAD-

SUBCHAPTER I-D - FEDERAL ABSENTEE VOTING ASSISTANCE

-End-

-CITE-

42 USC Part I - Recommendation to States 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09D - FEDERAL ABSENTEE VOTING ASSISTANCE

Part I - Recommendation to States

-HEAD-

PART I - RECOMMENDATION TO STATES

-End-

-CITE-

42 USC Secs. 1973cc to 1973cc-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09D - FEDERAL ABSENTEE VOTING ASSISTANCE

Part I - Recommendation to States

-HEAD-

Secs. 1973cc to 1973cc-3. Repealed. Pub. L. 99-410, title II, Sec.

203, Aug. 28, 1986, 100 Stat. 930

-MISC1-

Section 1973cc, acts Aug. 9, 1955, ch. 656, title I, Sec. 101, 69

Stat. 584; June 18, 1968, Pub. L. 90-343, Sec. 1, 82 Stat. 180;

Nov. 4, 1978, Pub. L. 95-593, Sec. 7, 92 Stat. 2537, related to

State enactment of absentee voting legislation and to covered

persons. See sections 1973ff-1 and 1973ff-3 of this title.

Section 1973cc-1, acts Aug. 9, 1955, ch. 656, title I, Sec. 102,

69 Stat. 584; June 18, 1968, Pub. L. 90-344, Sec. 1(1), 82 Stat.

181; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(19), 95 Stat. 154,

related to balloting procedures. See section 1973ff-3 of this

title.

Section 1973cc-2, act Aug. 9, 1955, ch. 656, title I, Sec. 103,

69 Stat. 585, related to availability of statistical data to assist

Presidential designee in compiling comprehensive information of

operations under this subchapter.

Section 1973cc-3, act Aug. 9, 1955, ch. 656, title I, Sec. 104,

as added June 18, 1968, Pub. L. 90-344, Sec. 1(2), 82 Stat. 181,

related to legal residence for voting purposes of personnel

residing on military installations.

EFFECTIVE DATE OF REPEAL

Repeal applicable with respect to elections taking place after

Dec. 31, 1987, see section 204 of Pub. L. 99-410, set out as an

Effective Date note under section 1973ff of this title.

-End-

-CITE-

42 USC Part II - Responsibilities of Federal Government 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09D - FEDERAL ABSENTEE VOTING ASSISTANCE

Part II - Responsibilities of Federal Government

-HEAD-

PART II - RESPONSIBILITIES OF FEDERAL GOVERNMENT

-End-

-CITE-

42 USC Secs. 1973cc-11 to 1973cc-15 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09D - FEDERAL ABSENTEE VOTING ASSISTANCE

Part II - Responsibilities of Federal Government

-HEAD-

Secs. 1973cc-11 to 1973cc-15. Repealed. Pub. L. 99-410, title II,

Sec. 203, Aug. 28, 1986, 100 Stat. 930

-MISC1-

Section 1973cc-11, acts Aug. 9, 1955, ch. 656, title II, Sec.

201, 69 Stat. 585; Dec. 21, 1982, Pub. L. 97-375, title II, Sec.

203(b), 96 Stat. 1823, provided for designation of Presidential

designee to coordinate and facilitate Federal responsibilities and

to report to the President and Congress. See section 1973ff(a) and

(b) of this title.

Section 1973cc-12, acts Aug. 9, 1955, ch. 656, title II, Sec.

202, 69 Stat. 586; Nov. 4, 1978, Pub. L. 95-593, Sec. 8, 92 Stat.

2537, related to acquisition and distribution by Presidential

designee of current absentee voting information from each State.

Section 1973c-13, acts Aug. 9, 1955, ch. 656, title II, Sec. 203,

69 Stat. 586; June 18, 1968, Pub. L. 90-344, Sec. 1(3), 82 Stat.

181; Nov. 4, 1978, Pub. L. 95-593, Sec. 9, 92 Stat. 2538, related

to cooperation of Government officials, drafts of State

legislation, and printing and transmitting of post cards. See

section 1973ff(c) of this title.

Section 1973cc-14, acts Aug. 9, 1955, ch. 656, title II, Sec.

204, 69 Stat. 586; June 18, 1968, Pub. L. 90-343, Sec. 2, 82 Stat.

181; June 18, 1968, Pub. L. 90-344, Sec. 1(4)-(6), 82 Stat. 182;

Nov. 4, 1978, Pub. L. 95-593, Sec. 10, 92 Stat. 2538, related to

form and content of post card application. See section 1973ff(b)(2)

of this title.

Section 1973cc-15, act Aug. 9, 1955, ch. 656, title II, Sec. 205,

69 Stat. 588, related to use of prior post card form for election

of Members of Congress.

EFFECTIVE DATE OF REPEAL

Repeal applicable with respect to elections taking place after

Dec. 31, 1987, see section 204 of Pub. L. 99-410, set out as an

Effective Date note under section 1973ff of this title.

-End-

-CITE-

42 USC Part III - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09D - FEDERAL ABSENTEE VOTING ASSISTANCE

Part III - General Provisions

-HEAD-

PART III - GENERAL PROVISIONS

-End-

-CITE-

42 USC Secs. 1973cc-21 to 1973cc-26 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09D - FEDERAL ABSENTEE VOTING ASSISTANCE

Part III - General Provisions

-HEAD-

Secs. 1973cc-21 to 1973cc-26. Repealed. Pub. L. 99-410, title II,

Sec. 203, Aug. 28, 1986, 100 Stat. 930

-MISC1-

Section 1973cc-21, act Aug. 9, 1955, ch. 656, title III, Sec.

301, 69 Stat. 588, provided definitions of terms used in this

subchapter. See section 1973ff-6 of this title.

Section 1973cc-22, act Aug. 9, 1955, ch. 656, title III, Sec.

302, 69 Stat. 588, provided free postage for official post cards,

ballots, voting instructions, and envelopes. See section 3406 of

Title 39, Postal Service.

Section 1973cc-23, act Aug. 9, 1955, ch. 656, title III, Sec.

303, 69 Stat. 588, related to prevention of fraud and coercion.

Section 1973cc-24, act Aug. 9, 1955, ch. 656, title III, Sec.

304, 69 Stat. 589, provided that acts done in good faith do not

constitute a violation of any provision of law relating to elective

franchise.

Section 1973cc-25, act Aug. 9, 1955, ch. 656, title III, Sec.

305, 69 Stat. 589, provided that no undue influence be used by any

officer but that nothing in this subchapter be deemed to prohibit

free discussion regarding political issues or candidates for public

office. See section 609 of Title 18, Crimes and Criminal Procedure.

Section 1973cc-26, act Aug. 9, 1955, ch. 656, title III, Sec.

308, 69 Stat. 589, authorized appropriations as necessary to carry

out this subchapter.

EFFECTIVE DATE OF REPEAL

Repeal applicable with respect to elections taking place after

Dec. 31, 1987, see section 204 of Pub. L. 99-410, set out as an

Effective Date note under section 1973ff of this title.

-End-

-CITE-

42 USC SUBCHAPTER I-E - VOTING RIGHTS OF OVERSEAS

CITIZENS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09E - VOTING RIGHTS OF OVERSEAS CITIZENS

-HEAD-

SUBCHAPTER I-E - VOTING RIGHTS OF OVERSEAS CITIZENS

-End-

-CITE-

42 USC Secs. 1973dd to 1973dd-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09E - VOTING RIGHTS OF OVERSEAS CITIZENS

-HEAD-

Secs. 1973dd to 1973dd-6. Repealed. Pub. L. 99-410, title II, Sec.

203, Aug. 28, 1986, 100 Stat. 930

-MISC1-

Section 1973dd, Pub. L. 94-203, Sec. 2, Jan. 2, 1976, 89 Stat.

1142; Pub. L. 95-593, Sec. 1, Nov. 4, 1978, 92 Stat. 2535, provided

definitions of terms used in this subchapter. See section 1973ff-6

of this title.

Section 13973dd-1, Pub. L. 94-203, Sec. 3, Jan. 2, 1976, 89 Stat.

1142; Pub. L. 95-593, Sec. 2, Nov. 4, 1978, 92 Stat. 2535, related

to qualifications for registration and vote by absentee ballot.

Section 1973dd-2, Pub. L. 94-203, Sec. 4, Jan. 2, 1976, 89 Stat.

1143; Pub. L. 95-593, Sec. 3, Nov. 4, 1978, 92 Stat. 2535, related

to State provisions concerning absentee registration or

qualification and absentee ballots and to recommendations to States

in carrying out the provisions of this section. See sections

1973ff-1 and 1973ff-3 of this title.

Section 1973dd-2a, Pub. L. 94-203, Sec. 5, as added Pub. L.

95-593, Sec. 4(2), Nov. 4, 1978, 92 Stat. 2535, related to

acquisition and dissemination by Presidential designee of current

absentee voting information from each State.

Section 1973dd-2b, Pub. L. 94-203, Sec. 6, as added Pub. L.

95-593, Sec. 4(2), Nov. 4, 1978, 92 Stat. 2536, related to printing

and transmitting of voting material. See section 1973ff(c)(2) of

this title and section 3406 of Title 39, Postal Service.

Section 1973dd-3, Pub. L. 94-203, Sec. 7, formerly Sec. 5, Jan.

2, 1976, 89 Stat. 1143; renumbered Sec. 7, Pub. L. 95-593, Sec.

4(1), Nov. 4, 1978, 92 Stat. 2535, provided for enforcement by the

Attorney General, jurisdiction of courts, and penalties for

depriving or attempting to deprive persons of secured rights and

giving or conspiring to give false information or paying or

accepting money either for registration to vote or voting. See

section 1973ff-4 of this title and section 608 of Title 18, Crimes

and Criminal Procedure.

Section 1973dd-4, Pub. L. 94-203, Sec. 8, formerly Sec. 6, Jan.

2, 1976, 89 Stat. 1143; renumbered Sec. 8, Pub. L. 95-593, Sec.

4(1), Nov. 4, 1978, 92 Stat. 2535, provided that if any provision

of this subchapter is held invalid, the validity of the remainder

of this subchapter not be affected.

Section 1973dd-5, Pub. L. 94-203, Sec. 9, formerly Sec. 7, Jan.

2, 1976, 89 Stat. 1144; renumbered Sec. 9 and amended Pub. L.

95-593, Secs. 4(1), 5, Nov. 4, 1978, 92 Stat. 2535, 2537, related

to applicability of this subchapter to State registration

requirements and voting practices and provided that exercise of any

right to register or vote in Federal elections by any citizen

outside the United States not affect the determination of residence

or domicile for tax purposes. See section 1973ff-5 of this title.

Section 1973dd-6, Pub. L. 94-203, Sec. 11, as added Pub. L.

95-593, Sec. 6, Nov. 4, 1978, 92 Stat. 2537, authorized

appropriations as necessary to carry out this subchapter.

EFFECTIVE DATE OF REPEAL

Repeal applicable with respect to elections taking place after

Dec. 31, 1987, see section 204 of Pub. L. 99-410, set out as an

Effective Date note under section 1973ff of this title.

-End-

-CITE-

42 USC SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE

ELDERLY AND HANDICAPPED 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09F - VOTING ACCESSIBILITY FOR THE ELDERLY AND

HANDICAPPED

-HEAD-

SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE ELDERLY AND

HANDICAPPED

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 15545 of this title.

-End-

-CITE-

42 USC Sec. 1973ee 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09F - VOTING ACCESSIBILITY FOR THE ELDERLY AND

HANDICAPPED

-HEAD-

Sec. 1973ee. Congressional declaration of purpose

-STATUTE-

It is the intention of Congress in enacting this subchapter to

promote the fundamental right to vote by improving access for

handicapped and elderly individuals to registration facilities and

polling places for Federal elections.

-SOURCE-

(Pub. L. 98-435, Sec. 2, Sept. 28, 1984, 98 Stat. 1678.)

-MISC1-

EFFECTIVE DATE

Section 9 of Pub. L. 98-435 provided that: "This Act [enacting

this subchapter] shall apply with respect to elections taking place

after December 31, 1985."

SHORT TITLE

This subchapter is known as the "Voting Accessibility for the

Elderly and Handicapped Act", see Short Title note set out under

section 1971 of this title.

-End-

-CITE-

42 USC Sec. 1973ee-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09F - VOTING ACCESSIBILITY FOR THE ELDERLY AND

HANDICAPPED

-HEAD-

Sec. 1973ee-1. Selection of polling facilities

-STATUTE-

(a) Accessibility to all polling places as responsibility of each

political subdivision

Within each State, except as provided in subsection (b) of this

section, each political subdivision responsible for conducting

elections shall assure that all polling places for Federal

elections are accessible to handicapped and elderly voters.

(b) Exception

Subsection (a) of this section shall not apply to a polling place

-

(1) in the case of an emergency, as determined by the chief

election officer of the State; or

(2) if the chief election officer of the State -

(A) determines that all potential polling places have been

surveyed and no such accessible place is available, nor is the

political subdivision able to make one temporarily accessible,

in the area involved; and

(B) assures that any handicapped or elderly voter assigned to

an inaccessible polling place, upon advance request of such

voter (pursuant to procedures established by the chief election

officer of the State) -

(i) will be assigned to an accessible polling place, or

(ii) will be provided with an alternative means for casting

a ballot on the day of the election.

(c) Report to Federal Election Commission

(1) Not later than December 31 of each even-numbered year, the

chief election officer of each State shall report to the Federal

Election Commission, in a manner to be determined by the

Commission, the number of accessible and inaccessible polling

places in such State on the date of the preceding general Federal

election, and the reasons for any instance of inaccessibility.

(2) Not later than April 30 of each odd-numbered year, the

Federal Election Commission shall compile the information reported

under paragraph (1) and shall transmit that information to the

Congress.

(3) The provisions of this subsection shall only be effective for

a period of 10 years beginning on September 28, 1984.

-SOURCE-

(Pub. L. 98-435, Sec. 3, Sept. 28, 1984, 98 Stat. 1678.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(c)(2) of this section relating to transmittal of information to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

item 3 on page 168 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973gg-4, 15483 of this

title.

-End-

-CITE-

42 USC Sec. 1973ee-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09F - VOTING ACCESSIBILITY FOR THE ELDERLY AND

HANDICAPPED

-HEAD-

Sec. 1973ee-2. Selection of registration facilities

-STATUTE-

(a) Each State or political subdivision responsible for

registration for Federal elections shall provide a reasonable

number of accessible permanent registration facilities.

(b) Subsection (a) of this section does not apply to any State

that has in effect a system that provides an opportunity for each

potential voter to register by mail or at the residence of such

voter.

-SOURCE-

(Pub. L. 98-435, Sec. 4, Sept. 28, 1984, 98 Stat. 1679.)

-End-

-CITE-

42 USC Sec. 1973ee-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09F - VOTING ACCESSIBILITY FOR THE ELDERLY AND

HANDICAPPED

-HEAD-

Sec. 1973ee-3. Registration and voting aids

-STATUTE-

(a) Printed instructions; telecommunications devices for the deaf

Each State shall make available registration and voting aids for

Federal elections for handicapped and elderly individuals,

including -

(1) instructions, printed in large type, conspicuously

displayed at each permanent registration facility and each

polling place; and

(2) information by telecommunications devices for the deaf.

(b) Medical certification

No notarization or medical certification shall be required of a

handicapped voter with respect to an absentee ballot or an

application for such ballot, except that medical certification may

be required when the certification establishes eligibility, under

State law -

(1) to automatically receive an application or a ballot on a

continuing basis; or

(2) to apply for an absentee ballot after the deadline has

passed.

(c) Notice of availability of aids

The chief election officer of each State shall provide public

notice, calculated to reach elderly and handicapped voters, of the

availability of aids under this section, assistance under section

1973aa-6 of this title, and the procedures for voting by absentee

ballot, not later than general public notice of registration and

voting is provided.

-SOURCE-

(Pub. L. 98-435, Sec. 5, Sept. 28, 1984, 98 Stat. 1679.)

-End-

-CITE-

42 USC Sec. 1973ee-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09F - VOTING ACCESSIBILITY FOR THE ELDERLY AND

HANDICAPPED

-HEAD-

Sec. 1973ee-4. Enforcement

-STATUTE-

(a) Action for declaratory or injunctive relief

If a State or political subdivision does not comply with this

subchapter, the United States Attorney General or a person who is

personally aggrieved by the noncompliance may bring an action for

declaratory or injunctive relief in the appropriate district court.

(b) Prerequisite notice of noncompliance

An action may be brought under this section only if the plaintiff

notifies the chief election officer of the State of the

noncompliance and a period of 45 days has elapsed since the date of

notification.

(c) Attorney fees

Notwithstanding any other provision of law, no award of attorney

fees may be made with respect to an action under this section,

except in any action brought to enforce the original judgment of

the court.

-SOURCE-

(Pub. L. 98-435, Sec. 6, Sept. 28, 1984, 98 Stat. 1679.)

-End-

-CITE-

42 USC Sec. 1973ee-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09F - VOTING ACCESSIBILITY FOR THE ELDERLY AND

HANDICAPPED

-HEAD-

Sec. 1973ee-5. Relationship to Voting Rights Act of 1965

-STATUTE-

This subchapter shall not be construed to impair any right

guaranteed by the Voting Rights Act of 1965 (42 U.S.C. 1973 et

seq.).

-SOURCE-

(Pub. L. 98-435, Sec. 7, Sept. 28, 1984, 98 Stat. 1679.)

-REFTEXT-

REFERENCES IN TEXT

The Voting Rights Act of 1965, referred to in text, is Pub. L.

89-110, Aug. 6, 1965, 79 Stat. 437, as amended, which is classified

generally to subchapters I-A (Sec. 1973 et seq.), I-B (Sec. 1973aa

et seq.), and I-C (Sec. 1973bb et seq.) of this chapter. For

complete classification of this Act to the Code, see Short Title

note set out under section 1971 of this title and Tables.

-End-

-CITE-

42 USC Sec. 1973ee-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09F - VOTING ACCESSIBILITY FOR THE ELDERLY AND

HANDICAPPED

-HEAD-

Sec. 1973ee-6. Definitions

-STATUTE-

As used in this subchapter, the term -

(1) "accessible" means accessible to handicapped and elderly

individuals for the purpose of voting or registration, as

determined under guidelines established by the chief election

officer of the State involved;

(2) "elderly" means 65 years of age or older;

(3) "Federal election" means a general, special, primary, or

runoff election for the office of President or Vice President, or

of Senator or Representative in, or Delegate or Resident

Commissioner to, the Congress;

(4) "handicapped" means having a temporary or permanent

physical disability; and

(5) "State" means a State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, and any territory or

possesssion (!1) of the United States.

-SOURCE-

(Pub. L. 98-435, Sec. 8, Sept. 28, 1984, 98 Stat. 1679.)

-FOOTNOTE-

(!1) So in original. Probably should be "possession".

-End-

-CITE-

42 USC SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT

UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS

IN ELECTIONS FOR FEDERAL OFFICE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09G - REGISTRATION AND VOTING BY ABSENT UNIFORMED

SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR

FEDERAL OFFICE

-HEAD-

SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED

SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE

-MISC1-

PRIOR PROVISIONS

Provisions similar to this subchapter were contained in

subchapters I-D and I-E (1973cc et seq. and 1973dd et seq.) of this

chapter prior to repeal by Pub. L. 99-410.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1973gg-4, 15483, 15545

of this title; title 10 section 1566; title 18 section 608; title

39 section 3406.

-End-

-CITE-

42 USC Sec. 1973ff 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09G - REGISTRATION AND VOTING BY ABSENT UNIFORMED

SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR

FEDERAL OFFICE

-HEAD-

Sec. 1973ff. Federal responsibilities

-STATUTE-

(a) Presidential designee

The President shall designate the head of an executive department

to have primary responsibility for Federal functions under this

subchapter.

(b) Duties of Presidential designee

The Presidential designee shall -

(1) consult State and local election officials in carrying out

this subchapter, and ensure that such officials are aware of the

requirements of this Act;

(2) prescribe an official post card form, containing both an

absentee voter registration application and an absentee ballot

application, for use by the States as required under section

1973ff-1(4) of this title;

(3) carry out section 1973ff-2 of this title with respect to

the Federal write-in absentee ballot for overseas voters in

general elections for Federal office;

(4) prescribe a suggested design for absentee ballot mailing

envelopes for use by the States as recommended in section

1973ff-3 (!1) of this title;

(5) compile and distribute (A) descriptive material on State

absentee registration and voting procedures, and (B) to the

extent practicable, facts relating to specific elections,

including dates, offices involved, and the text of ballot

questions;

(6) not later than the end of each year after a Presidential

election year, transmit to the President and the Congress a

report on the effectiveness of assistance under this subchapter,

including a statistical analysis of uniformed services voter

participation, a separate statistical analysis of overseas

nonmilitary participation, and a description of State-Federal

cooperation; and

(7) prescribe a standard oath for use with any document under

this subchapter affirming that a material misstatement of fact in

the completion of such a document may constitute grounds for a

conviction for perjury.

(c) Duties of other Federal officials

(1) In general

The head of each Government department, agency, or other entity

shall, upon request of the Presidential designee, distribute

balloting materials and otherwise cooperate in carrying out this

subchapter.

(2) Administrator of General Services

As directed by the Presidential designee, the Administrator of

General Services shall furnish official post card forms

(prescribed under subsection (b) of this section) and Federal

write-in absentee ballots (prescribed under section 1973ff-2 of

this title).

-SOURCE-

(Pub. L. 99-410, title I, Sec. 101, Aug. 28, 1986, 100 Stat. 924;

Pub. L. 105-277, div. G, title XXII, Sec. 2219(c), Oct. 21, 1998,

112 Stat. 2681-817; Pub. L. 107-107, div. A, title XVI, Sec.

1606(a)(2), Dec. 28, 2001, 115 Stat. 1279; Pub. L. 107-252, title

VII, Sec. 705(a), (b)(1), (c), Oct. 29, 2002, 116 Stat. 1724,

1725.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(1), is Pub. L. 99-410, Aug.

28, 1986, 100 Stat. 924, as amended, known as the Uniformed and

Overseas Citizens Absentee Voting Act, which is classified

principally to this subchapter. For complete classification of this

Act to the Code, see Short Title of 1986 Amendment note set out

under section 1971 of this title and Tables.

Section 1973ff-3 of this title, referred to in subsec. (b)(4),

was amended generally by Pub. L. 107-107, div. A, title XVI, Sec.

1606(b), Dec. 28, 2001, 115 Stat. 1279, and, as so amended, no

longer contains provisions relating to designs for absentee ballot

mailing envelopes.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-252, Sec. 705(a), inserted ",

and ensure that such officials are aware of the requirements of

this Act" before semicolon at end.

Subsec. (b)(6). Pub. L. 107-252, Sec. 705(c), substituted "a

separate statistical analysis" for "a general assessment".

Subsec. (b)(7). Pub. L. 107-252, Sec. 705(b)(1), added par. (7).

2001 - Subsec. (b)(2). Pub. L. 107-107 substituted "as required

under section 1973ff-1(4) of this title" for "as recommended in

section 1973ff-3 of this title".

1998 - Subsec. (b)(6). Pub. L. 105-277 substituted "of uniformed

services voter participation, a general assessment of overseas

nonmilitary participation," for "of voter participation".

EFFECTIVE DATE

Section 204 of Pub. L. 99-410 provided that: "The amendments and

repeals made by this Act [see Short Title of 1986 Amendment note

set out under section 1971 of this title] shall apply with respect

to elections taking place after December 31, 1987."

SENSE OF CONGRESS REGARDING THE IMPORTANCE OF VOTING

Pub. L. 107-107, div. A, title XVI, Sec. 1601, Dec. 28, 2001, 115

Stat. 1274, provided that:

"(a) Sense of Congress. - It is the sense of Congress that each

person who is an administrator of a Federal, State, or local

election -

"(1) should be aware of the importance of the ability of each

uniformed services voter to exercise the right to vote; and

"(2) should perform that person's duties as an election

administrator with the intent to ensure that -

"(A) each uniformed services voter receives the utmost

consideration and cooperation when voting;

"(B) each valid ballot cast by such a voter is duly counted;

and

"(C) all eligible American voters, regardless of race,

ethnicity, disability, the language they speak, or the

resources of the community in which they live, should have an

equal opportunity to cast a vote and to have that vote counted.

"(b) Uniformed Services Voter Defined. - In this section, the

term 'uniformed services voter' means -

"(1) a member of a uniformed service (as defined in section

101(a)(5) of title 10, United States Code) in active service;

"(2) a member of the merchant marine (as defined in section 107

of the Uniformed and Overseas Citizens Absentee Voting Act (42

U.S.C. 1973ff-6)); and

"(3) a spouse or dependent of a member referred to in paragraph

(1) or (2) who is qualified to vote."

ELECTRONIC VOTING DEMONSTRATION PROJECT

Pub. L. 107-107, div. A, title XVI, Sec. 1604, Dec. 28, 2001, 115

Stat. 1277, provided that:

"(a) Establishment of Demonstration Project. -

"(1) In general. - Subject to paragraph (2), the Secretary of

Defense shall carry out a demonstration project under which

absent uniformed services voters are permitted to cast ballots in

the regularly scheduled general election for Federal office for

November 2002 through an electronic voting system. The project

shall be carried out with participation of sufficient numbers of

absent uniformed services voters so that the results are

statistically relevant.

"(2) Authority to delay implementation. - If the Secretary of

Defense determines that the implementation of the demonstration

project under paragraph (1) with respect to the regularly

scheduled general election for Federal office for November 2002

may adversely affect the national security of the United States,

the Secretary may delay the implementation of such demonstration

project until the regularly scheduled general election for

Federal office for November 2004. The Secretary shall notify the

Committee on Armed Services and the Committee on Rules and

Administration of the Senate and the Committee on Armed Services

and the Committee on House Administration of the House of

Representatives of any decision to delay implementation of the

demonstration project.

"(b) Coordination With State Election Officials. - The Secretary

shall carry out the demonstration project under this section

through cooperative agreements with State election officials of

States that agree to participate in the project.

"(c) Report to Congress. - Not later than June 1 of the year

following the year in which the demonstration project is conducted

under this section, the Secretary of Defense shall submit to

Congress a report analyzing the demonstration project. The

Secretary shall include in the report any recommendations the

Secretary considers appropriate for continuing the project on an

expanded basis for absent uniformed services voters during the next

regularly scheduled general election for Federal office.

"(d) Definitions. - In this section:

"(1) Absent uniformed services voter. - The term 'absent

uniformed services voter' has the meaning given that term in

section 107(1) of the Uniformed and Overseas Citizens Absentee

Voting Act (42 U.S.C. 1973ff-6(1)).

"(2) State. - The term 'State' includes the District of

Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin

Islands, and American Samoa."

GOVERNORS' REPORTS ON IMPLEMENTATION OF RECOMMENDATIONS FOR CHANGES

IN STATE LAW MADE UNDER FEDERAL VOTING ASSISTANCE PROGRAM

Pub. L. 107-107, div. A, title XVI, Sec. 1605, Dec. 28, 2001, 115

Stat. 1277, provided that:

"(a) Reports. - (1) Whenever a State receives a uniformed

services voting assistance legislative recommendation from the

Secretary of Defense, acting as the Presidential designee, the

chief executive authority of that State shall, not later than 90

days after receipt of that recommendation, provide a report on the

status of implementation of that recommendation by that State.

"(2) If a legislative recommendation referred to in paragraph (1)

has been implemented, in whole or in part, by a State, the report

of the chief executive authority of that State under that paragraph

with respect to that recommendation shall include a description of

the changes made to State law to implement the recommendation. If

the recommendation has not been implemented, the report shall

include a statement of the status of the recommendation before the

State legislature and a statement of any recommendation the chief

executive officer has made or intends to make to the legislature

with respect to that recommendation.

"(3) Any report under paragraph (1) shall be transmitted to the

Secretary of Defense, acting as the Presidential designee. The

Secretary shall transmit a copy of the response to each Member of

Congress who represents that State.

"(b) Period of Applicability. - This section applies with respect

to any uniformed services voting assistance legislative

recommendation transmitted to a State by the Secretary of Defense,

acting as the Presidential designee, during the three-year period

beginning on the date of the enactment of this Act [Dec. 28, 2001].

"(c) Definitions. - In this section:

"(1) The term 'uniformed services voting assistance legislative

recommendation' means a recommendation of the Presidential

designee for a modification in the laws of a State for the

purpose of improving the access to the polls of absent uniformed

services voters and overseas voters.

"(2) The term 'Presidential designee' means the head of the

executive department designated by the President under section

101(a) of the Uniformed and Overseas Citizens Absentee Voting Act

(42 U.S.C. 1973ff(a)).

"(3) The term 'State' includes the District of Columbia, the

Commonwealth of Puerto Rico, Guam, the Virgin Islands, and

American Samoa.

"(4) The term 'Member of Congress' includes a Delegate or

Resident Commissioner to the Congress."

-EXEC-

EX. ORD. NO. 12642. DESIGNATION OF SECRETARY OF DEFENSE AS

PRESIDENTIAL DESIGNEE

Ex. Ord. No. 12642, June 8, 1988, 53 F.R. 21975, provided:

By virtue of the authority vested in me as President by the

Constitution and laws of the United States of America, including

section 101(a) of the Uniformed and Overseas Citizens Absentee

Voting Act (Public Law 99-410) ("the Act") [42 U.S.C. 1973ff(a)],

it is hereby ordered as follows:

Section 1. The Secretary of Defense is hereby designated as the

"Presidential designee" under Title I of the Act [42 U.S.C. 1973ff

et seq.].

Sec. 2. In order to effectuate the purposes of the Act [see Short

Title note above], the Secretary of Defense is hereby authorized to

delegate any or all of the functions, responsibilities, powers,

authority, or discretion devolving upon him in consequence of this

Order to any person or persons within the Department of Defense.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973ff-1, 1973ff-3,

1973ff-6 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1973ff-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09G - REGISTRATION AND VOTING BY ABSENT UNIFORMED

SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR

FEDERAL OFFICE

-HEAD-

Sec. 1973ff-1. State responsibilities

-STATUTE-

(a) In general

Each State shall -

(1) permit absent uniformed services voters and overseas voters

to use absentee registration procedures and to vote by absentee

ballot in general, special, primary, and runoff elections for

Federal office;

(2) accept and process, with respect to any election for

Federal office, any otherwise valid voter registration

application and absentee ballot application from an absent

uniformed services voter or overseas voter, if the application is

received by the appropriate State election official not less than

30 days before the election;

(3) permit overseas voters to use Federal write-in absentee

ballots (in accordance with section 1973ff-2 of this title) in

general elections for Federal office;

(4) use the official post card form (prescribed under section

1973ff of this title) for simultaneous voter registration

application and absentee ballot application; and

(5) if the State requires an oath or affirmation to accompany

any document under this subchapter, use the standard oath

prescribed by the Presidential designee under section

1973ff(b)(7) of this title.

(b) Designation of single State office to provide information on

registration and absentee ballot procedures for all voters in

State

(1) In general

Each State shall designate a single office which shall be

responsible for providing information regarding voter

registration procedures and absentee ballot procedures to be used

by absent uniformed services voters and overseas voters with

respect to elections for Federal office (including procedures

relating to the use of the Federal write-in absentee ballot) to

all absent uniformed services voters and overseas voters who wish

to register to vote or vote in any jurisdiction in the State.

(2) Recommendation regarding use of office to accept and process

materials

Congress recommends that the State office designated under

paragraph (1) be responsible for carrying out the State's duties

under this Act, including accepting valid voter registration

applications, absentee ballot applications, and absentee ballots

(including Federal write-in absentee ballots) from all absent

uniformed services voters and overseas voters who wish to

register to vote or vote in any jurisdiction in the State.

(c) Report on number of absentee ballots transmitted and received

Not later than 90 days after the date of each regularly scheduled

general election for Federal office, each State and unit of local

government which administered the election shall (through the

State, in the case of a unit of local government) submit a report

to the Election Assistance Commission (established under the Help

America Vote Act of 2002 [42 U.S.C. 15301 et seq.]) on the combined

number of absentee ballots transmitted to absent uniformed services

voters and overseas voters for the election and the combined number

of such ballots which were returned by such voters and cast in the

election, and shall make such report available to the general

public.

(d) Registration notification

With respect to each absent uniformed services voter and each

overseas voter who submits a voter registration application or an

absentee ballot request, if the State rejects the application or

request, the State shall provide the voter with the reasons for the

rejection.

-SOURCE-

(Pub. L. 99-410, title I, Sec. 102, Aug. 28, 1986, 100 Stat. 925;

Pub. L. 107-107, div. A, title XVI, Sec. 1606(a)(1), Dec. 28, 2001,

115 Stat. 1278; Pub. L. 107-252, title VII, Secs. 702, 703(a),

705(b)(2), 707, Oct. 29, 2002, 116 Stat. 1723-1725.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(2), is Pub. L. 99-410, Aug.

28, 1986, 100 Stat. 924, as amended, known as the Uniformed and

Overseas Citizens Absentee Voting Act, which is classified

principally to this subchapter. For complete classification of this

Act to the Code, see Short Title of 1986 Amendment note set out

under section 1971 of this title and Tables.

The Help America Vote Act of 2002, referred to in subsec. (c), is

Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666, which is classified

principally to chapter 146 (Sec. 15301 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 15301 of this title and Tables.

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-252, Sec. 702, designated existing provisions

as subsec. (a) and added subsec. (b).

Subsec. (a)(5). Pub. L. 107-252, Sec. 705(b)(2), added par. (5).

Subsec. (c). Pub. L. 107-252, Sec. 703(a), added subsec. (c).

Subsec. (d). Pub. L. 107-252, Sec. 707, added subsec. (d).

2001 - Par. (2). Pub. L. 107-107, Sec. 1606(a)(1)(A), struck out

"general, special, primary, or runoff" before "election for Federal

office" and "and" after semicolon at end and inserted "and absentee

ballot application" after "voter registration application".

Par. (4). Pub. L. 107-107, Sec. 1606(a)(1)(B), (C), added par.

(4).

DEVELOPMENT OF STANDARDIZED FORMAT FOR REPORTS

Pub. L. 107-252, title VII, Sec. 703(b), Oct. 29, 2002, 116 Stat.

1724, provided that: "The Election Assistance Commission, working

with the Election Assistance Commission Board of Advisors and the

Election Assistance Commission Standards Board, shall develop a

standardized format for the reports submitted by States and units

of local government under section 102(c) of the Uniformed and

Overseas Citizens Absentee Voting Act [42 U.S.C. 1973ff-1(c)] (as

added by subsection (a)), and shall make the format available to

the States and units of local government submitting such reports."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973ff, 1973ff-3 of this

title.

-End-

-CITE-

42 USC Sec. 1973ff-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09G - REGISTRATION AND VOTING BY ABSENT UNIFORMED

SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR

FEDERAL OFFICE

-HEAD-

Sec. 1973ff-2. Federal write-in absentee ballot for overseas voters

in general elections for Federal office

-STATUTE-

(a) In general

The Presidential designee shall prescribe a Federal write-in

absentee ballot (including a secrecy envelope and mailing envelope

for such ballot) for use in general elections for Federal office by

overseas voters who make timely application for, and do not

receive, States, absentee ballots.

(b) Submission and processing

Except as otherwise provided in this subchapter, a Federal

write-in absentee ballot shall be submitted and processed in the

manner provided by law for absentee ballots in the State involved.

A Federal write-in absentee ballot of an overseas voter shall not

be counted -

(1) if the ballot is submitted from any location in the United

States;

(2) if the application of the overseas voter for a State

absentee ballot is received by the appropriate State election

official less than 30 days before the general election; or

(3) if a State absentee ballot of the overseas voter is

received by the appropriate State election official not later

than the deadline for receipt of the State absentee ballot under

State law.

(c) Special rules

The following rules shall apply with respect to Federal write-in

absentee ballots:

(1) In completing the ballot, the overseas voter may designate

a candidate by writing in the name of the candidate or by writing

in the name of a political party (in which case the ballot shall

be counted for the candidate of that political party).

(2) In the case of the offices of President and Vice President,

a vote for a named candidate or a vote by writing in the name of

a political party shall be counted as a vote for the electors

supporting the candidate involved.

(3) Any abbreviation, misspelling, or other minor variation in

the form of the name of a candidate or a political party shall be

disregarded in determining the validity of the ballot, if the

intention of the voter can be ascertained.

(d) Second ballot submission; instruction to overseas voter

An overseas voter who submits a Federal write-in absentee ballot

and later receives a State absentee ballot, may submit the State

absentee ballot. The Presidential designee shall assure that the

instructions for each Federal write-in absentee ballot clearly

state that an overseas voter who submits a Federal write-in

absentee ballot and later receives and submits a State absentee

ballot should make every reasonable effort to inform the

appropriate State election official that the voter has submitted

more than one ballot.

(e) Use of approved State absentee ballot in place of Federal

write-in absentee ballot

The Federal write-in absentee ballot shall not be valid for use

in a general election if the State involved provides a State

absentee ballot that -

(1) at the request of the State, is approved by the

Presidential designee for use in place of the Federal write-in

absentee ballot; and

(2) is made available to overseas voters at least 60 days

before the deadline for receipt of the State ballot under State

law.

(f) Certain States exempted

A State is not required to permit use of the Federal write-in

absentee ballot, if, on and after August 28, 1986, the State has in

effect a law providing that -

(1) a State absentee ballot is required to be available to any

voter described in section 1973ff-6(5)(A) of this title at least

90 days before the general election involved; and

(2) a State absentee ballot is required to be available to any

voter described in section 1973ff-6(5)(B) or (C) of this title,

as soon as the official list of candidates in the general

election is complete.

-SOURCE-

(Pub. L. 99-410, title I, Sec. 103, Aug. 28, 1986, 100 Stat. 925.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973ff, 1973ff-1,

1973ff-6 of this title.

-End-

-CITE-

42 USC Sec. 1973ff-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09G - REGISTRATION AND VOTING BY ABSENT UNIFORMED

SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR

FEDERAL OFFICE

-HEAD-

Sec. 1973ff-3. Use of single application for all subsequent

elections

-STATUTE-

(a) In general

If a State accepts and processes an official post card form

(prescribed under section 1973ff of this title) submitted by an

absent uniformed services voter or overseas voter for simultaneous

voter registration and absentee ballot application (in accordance

with section 1973ff-1(a)(4) of this title) and the voter requests

that the application be considered an application for an absentee

ballot for each subsequent election for Federal office held in the

State through the next 2 regularly scheduled general elections for

Federal office (including any runoff elections which may occur as a

result of the outcome of such general elections), the State shall

provide an absentee ballot to the voter for each such subsequent

election.

(b) Exception for voters changing registration

Subsection (a) of this section shall not apply with respect to a

voter registered to vote in a State for any election held after the

voter notifies the State that the voter no longer wishes to be

registered to vote in the State or after the State determines that

the voter has registered to vote in another State.

(c) Revision of official post card form

The Presidential designee shall revise the official post card

form (prescribed under section 1973ff of this title) to enable a

voter using the form to -

(1) request an absentee ballot for each election for Federal

office held in a State during a year; or

(2) request an absentee ballot for only the next scheduled

election for Federal office held in a State.

(d) No Effect on voter removal programs

Nothing in this section may be construed to prevent a State from

removing any voter from the rolls of registered voters in the State

under any program or method permitted under section 1973gg-6 of

this title.

(e) Prohibition of refusal of applications on grounds of early

submission

A State may not refuse to accept or process, with respect to any

election for Federal office, any otherwise valid voter registration

application or absentee ballot application (including the postcard

form prescribed under section 1973ff of this title) submitted by an

absent uniformed services voter during a year on the grounds that

the voter submitted the application before the first date on which

the State otherwise accepts or processes such applications for that

year submitted by absentee voters who are not members of the

uniformed services.

-SOURCE-

(Pub. L. 99-410, title I, Sec. 104, Aug. 28, 1986, 100 Stat. 926;

Pub. L. 107-107, div. A, title XVI, Sec. 1606(b), Dec. 28, 2001,

115 Stat. 1279; Pub. L. 107-252, title VII, Secs. 704, 706(a), Oct.

29, 2002, 116 Stat. 1724, 1725.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-252, Sec. 704, substituted

"through the next 2 regularly scheduled general elections for

Federal office (including any runoff elections which may occur as a

result of the outcome of such general elections), the State shall

provide an absentee ballot to the voter for each such subsequent

election" for "during that year, the State shall provide an

absentee ballot to the voter for each subsequent election for

Federal office held in the State during that year".

Subsec. (e). Pub. L. 107-252, Sec. 706(a), added subsec. (e).

2001 - Pub. L. 107-107 amended section catchline and text

generally, substituting provisions relating to use of single

application for all subsequent elections for provisions relating to

recommendations to States to maximize access to polls by absent

uniformed services voters and overseas voters.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-252, title VII, Sec. 706(b), Oct. 29, 2002, 116 Stat.

1725, provided that: "The amendment made by subsection (a)

[amending this section] shall apply with respect to elections for

Federal office that occur after January 1, 2004."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1973ff of this title.

-End-

-CITE-

42 USC Sec. 1973ff-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09G - REGISTRATION AND VOTING BY ABSENT UNIFORMED

SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR

FEDERAL OFFICE

-HEAD-

Sec. 1973ff-4. Enforcement

-STATUTE-

The Attorney General may bring a civil action in an appropriate

district court for such declaratory or injunctive relief as may be

necessary to carry out this subchapter.

-SOURCE-

(Pub. L. 99-410, title I, Sec. 105, Aug. 28, 1986, 100 Stat. 927.)

-End-

-CITE-

42 USC Sec. 1973ff-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09G - REGISTRATION AND VOTING BY ABSENT UNIFORMED

SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR

FEDERAL OFFICE

-HEAD-

Sec. 1973ff-5. Effect on certain other laws

-STATUTE-

The exercise of any right under this subchapter shall not affect,

for purposes of any Federal, State, or local tax, the residence or

domicile of a person exercising such right.

-SOURCE-

(Pub. L. 99-410, title I, Sec. 106, Aug. 28, 1986, 100 Stat. 927.)

-End-

-CITE-

42 USC Sec. 1973ff-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09G - REGISTRATION AND VOTING BY ABSENT UNIFORMED

SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR

FEDERAL OFFICE

-HEAD-

Sec. 1973ff-6. Definitions

-STATUTE-

As used in this subchapter, the term -

(1) "absent uniformed services voter" means -

(A) a member of a uniformed service on active duty who, by

reason of such active duty, is absent from the place of

residence where the member is otherwise qualified to vote;

(B) a member of the merchant marine who, by reason of service

in the merchant marine, is absent from the place of residence

where the member is otherwise qualified to vote; and

(C) a spouse or dependent of a member referred to in

subparagraph (A) or (B) who, by reason of the active duty or

service of the member, is absent from the place of residence

where the spouse or dependent is otherwise qualified to vote;

(2) "balloting materials" means official post card forms

(prescribed under section 1973ff of this title), Federal write-in

absentee ballots (prescribed under section 1973ff-2 of this

title), and any State balloting materials that, as determined by

the Presidential designee, are essential to the carrying out of

this subchapter;

(3) "Federal office" means the office of President or Vice

President, or of Senator or Representative in, or Delegate or

Resident Commissioner to, the Congress;

(4) "member of the merchant marine" means an individual (other

than a member of a uniformed service or an individual employed,

enrolled, or maintained on the Great Lakes or the inland

waterways) -

(A) employed as an officer or crew member of a vessel

documented under the laws of the United States, or a vessel

owned by the United States, or a vessel of foreign-flag

registry under charter to or control of the United States; or

(B) enrolled with the United States for employment or

training for employment, or maintained by the United States for

emergency relief service, as an officer or crew member of any

such vessel;

(5) "overseas voter" means -

(A) an absent uniformed services voter who, by reason of

active duty or service is absent from the United States on the

date of the election involved;

(B) a person who resides outside the United States and is

qualified to vote in the last place in which the person was

domiciled before leaving the United States; or

(C) a person who resides outside the United States and (but

for such residence) would be qualified to vote in the last

place in which the person was domiciled before leaving the

United States.

(6) "State" means a State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin

Islands, and American Samoa;

(7) "uniformed services" means the Army, Navy, Air Force,

Marine Corps, and Coast Guard, the commissioned corps of the

Public Health Service, and the commissioned corps of the National

Oceanic and Atmospheric Administration; and

(8) "United States", where used in the territorial sense, means

the several States, the District of Columbia, the Commonwealth of

Puerto Rico, Guam, the Virgin Islands, and American Samoa.

-SOURCE-

(Pub. L. 99-410, title I, Sec. 107, Aug. 28, 1986, 100 Stat. 927.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973ff-2, 15382 of this

title; title 39 section 3406.

-End-

-CITE-

42 USC SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09H - NATIONAL VOTER REGISTRATION

-HEAD-

SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 15403, 15483, 15545 of

this title.

-End-

-CITE-

42 USC Sec. 1973gg 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09H - NATIONAL VOTER REGISTRATION

-HEAD-

Sec. 1973gg. Findings and purposes

-STATUTE-

(a) Findings

The Congress finds that -

(1) the right of citizens of the United States to vote is a

fundamental right;

(2) it is the duty of the Federal, State, and local governments

to promote the exercise of that right; and

(3) discriminatory and unfair registration laws and procedures

can have a direct and damaging effect on voter participation in

elections for Federal office and disproportionately harm voter

participation by various groups, including racial minorities.

(b) Purposes

The purposes of this subchapter are -

(1) to establish procedures that will increase the number of

eligible citizens who register to vote in elections for Federal

office;

(2) to make it possible for Federal, State, and local

governments to implement this subchapter in a manner that

enhances the participation of eligible citizens as voters in

elections for Federal office;

(3) to protect the integrity of the electoral process; and

(4) to ensure that accurate and current voter registration

rolls are maintained.

-SOURCE-

(Pub. L. 103-31, Sec. 2, May 20, 1993, 107 Stat. 77.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 103-31, May 20, 1993, 107 Stat. 77, as

amended, which is classified principally to this subchapter. For

complete classification of this Act to the Code, see Short Title

note set out under section 1971 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Section 13 of Pub. L. 103-31 provided that: "This Act [see Short

Title note set out under section 1971 of this title] shall take

effect -

"(1) with respect to a State that on the date of enactment of

this Act [May 20, 1993] has a provision in the constitution of

the State that would preclude compliance with this Act unless the

State maintained separate Federal and State official lists of

eligible voters, on the later of -

"(A) January 1, 1996; or

"(B) the date that is 120 days after the date by which, under

the constitution of the State as in effect on the date of

enactment of this Act, it would be legally possible to adopt

and place into effect any amendments to the constitution of the

State that are necessary to permit such compliance with this

Act without requiring a special election; and

"(2) with respect to any State not described in paragraph (1),

on January 1, 1995."

SHORT TITLE

This subchapter is known as the "National Voter Registration Act

of 1993", see Short Title note set out under section 1971 of this

title.

PROOF OF CITIZENSHIP

Pub. L. 104-132, title IX, Sec. 902, Apr. 24, 1996, 110 Stat.

1317, provided that: "Notwithstanding any other provision of law, a

Federal, State, or local government agency may not use a voter

registration card (or other related document) that evidences

registration for an election for Federal office, as evidence to

prove United States citizenship."

Similar provisions were contained in section 117 of H.R. 2076,

One Hundred Fourth Congress, as passed by the House of

Representatives on Dec. 6, 1995, and as enacted into law by Pub. L.

104-91, title I, Sec. 101(a), Jan. 6, 1996, 110 Stat. 11, as

amended by Pub. L. 104-99, title II, Sec. 211, Jan. 26, 1996, 110

Stat. 37.

-End-

-CITE-

42 USC Sec. 1973gg-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09H - NATIONAL VOTER REGISTRATION

-HEAD-

Sec. 1973gg-1. Definitions

-STATUTE-

As used in this subchapter -

(1) the term "election" has the meaning stated in section

431(1) of title 2;

(2) the term "Federal office" has the meaning stated in section

431(3) of title 2;

(3) the term "motor vehicle driver's license" includes any

personal identification document issued by a State motor vehicle

authority;

(4) the term "State" means a State of the United States and the

District of Columbia; and

(5) the term "voter registration agency" means an office

designated under section 1973gg-5(a)(1) of this title to perform

voter registration activities.

-SOURCE-

(Pub. L. 103-31, Sec. 3, May 20, 1993, 107 Stat. 77.)

-End-

-CITE-

42 USC Sec. 1973gg-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09H - NATIONAL VOTER REGISTRATION

-HEAD-

Sec. 1973gg-2. National procedures for voter registration for

elections for Federal office

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section,

notwithstanding any other Federal or State law, in addition to any

other method of voter registration provided for under State law,

each State shall establish procedures to register to vote in

elections for Federal office -

(1) by application made simultaneously with an application for

a motor vehicle driver's license pursuant to section 1973gg-3 of

this title;

(2) by mail application pursuant to section 1973gg-4 of this

title; and

(3) by application in person -

(A) at the appropriate registration site designated with

respect to the residence of the applicant in accordance with

State law; and

(B) at a Federal, State, or nongovernmental office designated

under section 1973gg-5 of this title.

(b) Nonapplicability to certain States

This subchapter does not apply to a State described in either or

both of the following paragraphs:

(1) A State in which, under law that is in effect continuously

on and after August 1, 1994, there is no voter registration

requirement for any voter in the State with respect to an

election for Federal office.

(2) A State in which, under law that is in effect continuously

on and after August 1, 1994, or that was enacted on or prior to

August 1, 1994, and by its terms is to come into effect upon the

enactment of this subchapter, so long as that law remains in

effect, all voters in the State may register to vote at the

polling place at the time of voting in a general election for

Federal office.

-SOURCE-

(Pub. L. 103-31, Sec. 4, May 20, 1993, 107 Stat. 78; Pub. L.

104-91, title I, Sec. 101(a), Jan. 6, 1996, 110 Stat. 11, amended

Pub. L. 104-99, title II, Sec. 211, Jan. 26, 1996, 110 Stat. 37.)

-REFTEXT-

REFERENCES IN TEXT

Upon the enactment of this subchapter, referred to in subsec.

(b)(2), means the date of enactment of Pub. L. 103-31, which was

approved May 20, 1993.

-COD-

CODIFICATION

Amendment by Pub. L. 104-91 is based on section 116(a) of H.R.

2076, One Hundred Fourth Congress, as passed by the House of

Representatives on Dec. 6, 1995, which was enacted into law by Pub.

L. 104-91.

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-91, as amended by Pub. L. 104-99,

substituted "August 1, 1994" for "March 11, 1993" wherever

appearing.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 116(b) of H.R. 2076, One Hundred Fourth Congress, as

passed by the House of Representatives on Dec. 6, 1995, and as

enacted into law by Pub. L. 104-91, title I, Sec. 101(a), Jan. 6,

1996, 110 Stat. 11, as amended by Pub. L. 104-99, title II, Sec.

211, Jan. 26, 1996, 110 Stat. 37, provided that: "The amendments

made by subsection (a) [amending this section] shall take effect as

if included in the provisions of the National Voter Registration

Act of 1993 [Pub. L. 103-31]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15482, 15483 of this

title; title 20 section 1094.

-End-

-CITE-

42 USC Sec. 1973gg-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09H - NATIONAL VOTER REGISTRATION

-HEAD-

Sec. 1973gg-3. Simultaneous application for voter registration and

application for motor vehicle driver's license

-STATUTE-

(a) In general

(1) Each State motor vehicle driver's license application

(including any renewal application) submitted to the appropriate

State motor vehicle authority under State law shall serve as an

application for voter registration with respect to elections for

Federal office unless the applicant fails to sign the voter

registration application.

(2) An application for voter registration submitted under

paragraph (1) shall be considered as updating any previous voter

registration by the applicant.

(b) Limitation on use of information

No information relating to the failure of an applicant for a

State motor vehicle driver's license to sign a voter registration

application may be used for any purpose other than voter

registration.

(c) Forms and procedures

(1) Each State shall include a voter registration application

form for elections for Federal office as part of an application for

a State motor vehicle driver's license.

(2) The voter registration application portion of an application

for a State motor vehicle driver's license -

(A) may not require any information that duplicates information

required in the driver's license portion of the form (other than

a second signature or other information necessary under

subparagraph (C));

(B) may require only the minimum amount of information

necessary to -

(i) prevent duplicate voter registrations; and

(ii) enable State election officials to assess the

eligibility of the applicant and to administer voter

registration and other parts of the election process;

(C) shall include a statement that -

(i) states each eligibility requirement (including

citizenship);

(ii) contains an attestation that the applicant meets each

such requirement; and

(iii) requires the signature of the applicant, under penalty

of perjury;

(D) shall include, in print that is identical to that used in

the attestation portion of the application -

(i) the information required in section 1973gg-6(a)(5)(A) and

(B) of this title;

(ii) a statement that, if an applicant declines to register

to vote, the fact that the applicant has declined to register

will remain confidential and will be used only for voter

registration purposes; and

(iii) a statement that if an applicant does register to vote,

the office at which the applicant submits a voter registration

application will remain confidential and will be used only for

voter registration purposes; and

(E) shall be made available (as submitted by the applicant, or

in machine readable or other format) to the appropriate State

election official as provided by State law.

(d) Change of address

Any change of address form submitted in accordance with State law

for purposes of a State motor vehicle driver's license shall serve

as notification of change of address for voter registration with

respect to elections for Federal office for the registrant involved

unless the registrant states on the form that the change of address

is not for voter registration purposes.

(e) Transmittal deadline

(1) Subject to paragraph (2), a completed voter registration

portion of an application for a State motor vehicle driver's

license accepted at a State motor vehicle authority shall be

transmitted to the appropriate State election official not later

than 10 days after the date of acceptance.

(2) If a registration application is accepted within 5 days

before the last day for registration to vote in an election, the

application shall be transmitted to the appropriate State election

official not later than 5 days after the date of acceptance.

-SOURCE-

(Pub. L. 103-31, Sec. 5, May 20, 1993, 107 Stat. 78.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973gg-2, 1973gg-6 of

this title.

-End-

-CITE-

42 USC Sec. 1973gg-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09H - NATIONAL VOTER REGISTRATION

-HEAD-

Sec. 1973gg-4. Mail registration

-STATUTE-

(a) Form

(1) Each State shall accept and use the mail voter registration

application form prescribed by the Federal Election Commission

pursuant to section 1973gg-7(a)(2) of this title for the

registration of voters in elections for Federal office.

(2) In addition to accepting and using the form described in

paragraph (1), a State may develop and use a mail voter

registration form that meets all of the criteria stated in section

1973gg-7(b) of this title for the registration of voters in

elections for Federal office.

(3) A form described in paragraph (1) or (2) shall be accepted

and used for notification of a registrant's change of address.

(b) Availability of forms

The chief State election official of a State shall make the forms

described in subsection (a) of this section available for

distribution through governmental and private entities, with

particular emphasis on making them available for organized voter

registration programs.

(c) First-time voters

(1) Subject to paragraph (2), a State may by law require a person

to vote in person if -

(A) the person was registered to vote in a jurisdiction by

mail; and

(B) the person has not previously voted in that jurisdiction.

(2) Paragraph (1) does not apply in the case of a person -

(A) who is entitled to vote by absentee ballot under the

Uniformed and Overseas Citizens Absentee Voting Act [42 U.S.C.

1973ff et seq.];

(B) who is provided the right to vote otherwise than in person

under section 1973ee-1(b)(2)(B)(ii) of this title; or

(C) who is entitled to vote otherwise than in person under any

other Federal law.

(d) Undelivered notices

If a notice of the disposition of a mail voter registration

application under section 1973gg-6(a)(2) of this title is sent by

nonforwardable mail and is returned undelivered, the registrar may

proceed in accordance with section 1973gg-6(d) of this title.

-SOURCE-

(Pub. L. 103-31, Sec. 6, May 20, 1993, 107 Stat. 79.)

-REFTEXT-

REFERENCES IN TEXT

The Uniformed and Overseas Citizens Absentee Voting Act, referred

to in subsec. (c)(2)(A), is Pub. L. 99-410, Aug. 28, 1986, 100

Stat. 924, as amended, which is classified principally to

subchapter I-G (Sec. 1973ff et seq.) of this chapter. For complete

classification of this Act to the Code, see Short Title of 1986

Amendment note set out under section 1971 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973gg-2, 1973gg-6, 15483

of this title.

-End-

-CITE-

42 USC Sec. 1973gg-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09H - NATIONAL VOTER REGISTRATION

-HEAD-

Sec. 1973gg-5. Voter registration agencies

-STATUTE-

(a) Designation

(1) Each State shall designate agencies for the registration of

voters in elections for Federal office.

(2) Each State shall designate as voter registration agencies -

(A) all offices in the State that provide public assistance;

and

(B) all offices in the State that provide State-funded programs

primarily engaged in providing services to persons with

disabilities.

(3)(A) In addition to voter registration agencies designated

under paragraph (2), each State shall designate other offices

within the State as voter registration agencies.

(B) Voter registration agencies designated under subparagraph (A)

may include -

(i) State or local government offices such as public libraries,

public schools, offices of city and county clerks (including

marriage license bureaus), fishing and hunting license bureaus,

government revenue offices, unemployment compensation offices,

and offices not described in paragraph (2)(B) that provide

services to persons with disabilities; and

(ii) Federal and nongovernmental offices, with the agreement of

such offices.

(4)(A) At each voter registration agency, the following services

shall be made available:

(i) Distribution of mail voter registration application forms

in accordance with paragraph (6).

(ii) Assistance to applicants in completing voter registration

application forms, unless the applicant refuses such assistance.

(iii) Acceptance of completed voter registration application

forms for transmittal to the appropriate State election official.

(B) If a voter registration agency designated under paragraph

(2)(B) provides services to a person with a disability at the

person's home, the agency shall provide the services described in

subparagraph (A) at the person's home.

(5) A person who provides service described in paragraph (4)

shall not -

(A) seek to influence an applicant's political preference or

party registration;

(B) display any such political preference or party allegiance;

(C) make any statement to an applicant or take any action the

purpose or effect of which is to discourage the applicant from

registering to vote; or

(D) make any statement to an applicant or take any action the

purpose or effect of which is to lead the applicant to believe

that a decision to register or not to register has any bearing on

the availability of services or benefits.

(6) A voter registration agency that is an office that provides

service or assistance in addition to conducting voter registration

shall -

(A) distribute with each application for such service or

assistance, and with each recertification, renewal, or change of

address form relating to such service or assistance -

(i) the mail voter registration application form described in

section 1973gg-7(a)(2) of this title, including a statement

that -

(I) specifies each eligibility requirement (including

citizenship);

(II) contains an attestation that the applicant meets each

such requirement; and

(III) requires the signature of the applicant, under

penalty of perjury; or

(ii) the office's own form if it is equivalent to the form

described in section 1973gg-7(a)(2) of this title,

unless the applicant, in writing, declines to register to vote;

(B) provide a form that includes -

(i) the question, "If you are not registered to vote where

you live now, would you like to apply to register to vote here

today?";

(ii) if the agency provides public assistance, the statement,

"Applying to register or declining to register to vote will not

affect the amount of assistance that you will be provided by

this agency.";

(iii) boxes for the applicant to check to indicate whether

the applicant would like to register or declines to register to

vote (failure to check either box being deemed to constitute a

declination to register for purposes of subparagraph (C)),

together with the statement (in close proximity to the boxes

and in prominent type), "IF YOU DO NOT CHECK EITHER BOX, YOU

WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT

THIS TIME.";

(iv) the statement, "If you would like help in filling out

the voter registration application form, we will help you. The

decision whether to seek or accept help is yours. You may fill

out the application form in private."; and

(v) the statement, "If you believe that someone has

interfered with your right to register or to decline to

register to vote, your right to privacy in deciding whether to

register or in applying to register to vote, or your right to

choose your own political party or other political preference,

you may file a complaint with _____.", the blank being filled

by the name, address, and telephone number of the appropriate

official to whom such a complaint should be addressed; and

(C) provide to each applicant who does not decline to register

to vote the same degree of assistance with regard to the

completion of the registration application form as is provided by

the office with regard to the completion of its own forms, unless

the applicant refuses such assistance.

(7) No information relating to a declination to register to vote

in connection with an application made at an office described in

paragraph (6) may be used for any purpose other than voter

registration.

(b) Federal Government and private sector cooperation

All departments, agencies, and other entities of the executive

branch of the Federal Government shall, to the greatest extent

practicable, cooperate with the States in carrying out subsection

(a) of this section, and all nongovernmental entities are

encouraged to do so.

(c) Armed Forces recruitment offices

(1) Each State and the Secretary of Defense shall jointly develop

and implement procedures for persons to apply to register to vote

at recruitment offices of the Armed Forces of the United States.

(2) A recruitment office of the Armed Forces of the United States

shall be considered to be a voter registration agency designated

under subsection (a)(2) of this section for all purposes of this

subchapter.

(d) Transmittal deadline

(1) Subject to paragraph (2), a completed registration

application accepted at a voter registration agency shall be

transmitted to the appropriate State election official not later

than 10 days after the date of acceptance.

(2) If a registration application is accepted within 5 days

before the last day for registration to vote in an election, the

application shall be transmitted to the appropriate State election

official not later than 5 days after the date of acceptance.

-SOURCE-

(Pub. L. 103-31, Sec. 7, May 20, 1993, 107 Stat. 80.)

-EXEC-

EX. ORD. NO. 12926. IMPLEMENTATION OF NATIONAL VOTER REGISTRATION

ACT OF 1993

Ex. Ord. No. 12926, Sept. 12, 1994, 59 F.R. 47227, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section 301

of title 3, United States Code, and in order to ensure, as required

by section 7(b) of the National Voter Registration Act of 1993 (42

U.S.C. 1973gg) [42 U.S.C. 1973gg-5(b)] ("the Act"), that

departments, agencies, and other entities of the executive branch

of the Federal Government cooperate with the States in carrying out

the Act's requirements, it is hereby ordered as follows:

Section 1. Assistance to States. To the greatest extent

practicable, departments, agencies, and other entities of the

executive branch of the Federal Government that provide, in whole

or in part, funding, grants, or assistance for, or with respect to

the administration of, any program of public assistance or services

to persons with disabilities within the meaning of section 7(a) of

the Act shall: (a) provide, to State agencies administering any

such program, guidance for the implementation of the requirements

of section 7 of the Act, including guidance for use and

distribution of voter registration forms in connection with

applications for service;

(b) assist each such State agency administering any such program

with the costs of implementation of the Act [42 U.S.C. 1973gg et

seq.], consistent with legal authority and the availability of

funds, and promptly indicate to each State agency the extent to

which such assistance will be made available; and

(c) designate an office or staff to be available to provide

technical assistance to such State agencies.

Sec. 2. Armed Forces Recruitment Offices. The Secretary of

Defense is directed to work with the appropriate State elections

authorities in each State to develop procedures for persons to

apply to register to vote at Armed Forces recruitment offices as

required by section 7(c) of the Act.

Sec. 3. Acceptance of Designation. To the greatest extent

practicable, departments, agencies, or other entities of the

executive branch of the Federal Government, if requested to be

designated as a voter registration agency pursuant to section

7(a)(3)(B)(ii) of the Act, shall: (a) agree to such a designation

if agreement is consistent with the department's, agency's, or

entity's legal authority and availability of funds; and

(b) ensure that all of its offices that are located in a

particular State will have available to the public at least one of

the national voter registration forms that are required under the

Act to be available in that State.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973gg-1, 1973gg-2,

1973gg-6 of this title.

-End-

-CITE-

42 USC Sec. 1973gg-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09H - NATIONAL VOTER REGISTRATION

-HEAD-

Sec. 1973gg-6. Requirements with respect to administration of voter

registration

-STATUTE-

(a) In general

In the administration of voter registration for elections for

Federal office, each State shall -

(1) ensure that any eligible applicant is registered to vote in

an election -

(A) in the case of registration with a motor vehicle

application under section 1973gg-3 of this title, if the valid

voter registration form of the applicant is submitted to the

appropriate State motor vehicle authority not later than the

lesser of 30 days, or the period provided by State law, before

the date of the election;

(B) in the case of registration by mail under section

1973gg-4 of this title, if the valid voter registration form of

the applicant is postmarked not later than the lesser of 30

days, or the period provided by State law, before the date of

the election;

(C) in the case of registration at a voter registration

agency, if the valid voter registration form of the applicant

is accepted at the voter registration agency not later than the

lesser of 30 days, or the period provided by State law, before

the date of the election; and

(D) in any other case, if the valid voter registration form

of the applicant is received by the appropriate State election

official not later than the lesser of 30 days, or the period

provided by State law, before the date of the election;

(2) require the appropriate State election official to send

notice to each applicant of the disposition of the application;

(3) provide that the name of a registrant may not be removed

from the official list of eligible voters except -

(A) at the request of the registrant;

(B) as provided by State law, by reason of criminal

conviction or mental incapacity; or

(C) as provided under paragraph (4);

(4) conduct a general program that makes a reasonable effort to

remove the names of ineligible voters from the official lists of

eligible voters by reason of -

(A) the death of the registrant; or

(B) a change in the residence of the registrant, in

accordance with subsections (b), (c), and (d) of this section;

(5) inform applicants under sections 1973gg-3, 1973gg-4, and

1973gg-5 of this title of -

(A) voter eligibility requirements; and

(B) penalties provided by law for submission of a false voter

registration application; and

(6) ensure that the identity of the voter registration agency

through which any particular voter is registered is not disclosed

to the public.

(b) Confirmation of voter registration

Any State program or activity to protect the integrity of the

electoral process by ensuring the maintenance of an accurate and

current voter registration roll for elections for Federal office -

(1) shall be uniform, nondiscriminatory, and in compliance with

the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.); and

(2) shall not result in the removal of the name of any person

from the official list of voters registered to vote in an

election for Federal office by reason of the person's failure to

vote, except that nothing in this paragraph may be construed to

prohibit a State from using the procedures described in

subsections (c) and (d) of this section to remove an individual

from the official list of eligible voters if the individual -

(A) has not either notified the applicable registrar (in

person or in writing) or responded during the period described

in subparagraph (B) to the notice sent by the applicable

registrar; and then

(B) has not voted or appeared to vote in 2 or more

consecutive general elections for Federal office.

(c) Voter removal programs

(1) A State may meet the requirement of subsection (a)(4) of this

section by establishing a program under which -

(A) change-of-address information supplied by the Postal

Service through its licensees is used to identify registrants

whose addresses may have changed; and

(B) if it appears from information provided by the Postal

Service that -

(i) a registrant has moved to a different residence address

in the same registrar's jurisdiction in which the registrant is

currently registered, the registrar changes the registration

records to show the new address and sends the registrant a

notice of the change by forwardable mail and a postage prepaid

pre-addressed return form by which the registrant may verify or

correct the address information; or

(ii) the registrant has moved to a different residence

address not in the same registrar's jurisdiction, the registrar

uses the notice procedure described in subsection (d)(2) of

this section to confirm the change of address.

(2)(A) A State shall complete, not later than 90 days prior to

the date of a primary or general election for Federal office, any

program the purpose of which is to systematically remove the names

of ineligible voters from the official lists of eligible voters.

(B) Subparagraph (A) shall not be construed to preclude -

(i) the removal of names from official lists of voters on a

basis described in paragraph (3)(A) or (B) or (4)(A) of

subsection (a) of this section; or

(ii) correction of registration records pursuant to this

subchapter.

(d) Removal of names from voting rolls

(1) A State shall not remove the name of a registrant from the

official list of eligible voters in elections for Federal office on

the ground that the registrant has changed residence unless the

registrant -

(A) confirms in writing that the registrant has changed

residence to a place outside the registrar's jurisdiction in

which the registrant is registered; or

(B)(i) has failed to respond to a notice described in paragraph

(2); and

(ii) has not voted or appeared to vote (and, if necessary,

correct the registrar's record of the registrant's address) in an

election during the period beginning on the date of the notice

and ending on the day after the date of the second general

election for Federal office that occurs after the date of the

notice.

(2) A notice is described in this paragraph if it is a postage

prepaid and pre-addressed return card, sent by forwardable mail, on

which the registrant may state his or her current address, together

with a notice to the following effect:

(A) If the registrant did not change his or her residence, or

changed residence but remained in the registrar's jurisdiction,

the registrant should return the card not later than the time

provided for mail registration under subsection (a)(1)(B) of this

section. If the card is not returned, affirmation or confirmation

of the registrant's address may be required before the registrant

is permitted to vote in a Federal election during the period

beginning on the date of the notice and ending on the day after

the date of the second general election for Federal office that

occurs after the date of the notice, and if the registrant does

not vote in an election during that period the registrant's name

will be removed from the list of eligible voters.

(B) If the registrant has changed residence to a place outside

the registrar's jurisdiction in which the registrant is

registered, information concerning how the registrant can

continue to be eligible to vote.

(3) A voting registrar shall correct an official list of eligible

voters in elections for Federal office in accordance with change of

residence information obtained in conformance with this subsection.

(e) Procedure for voting following failure to return card

(1) A registrant who has moved from an address in the area

covered by a polling place to an address in the same area shall,

notwithstanding failure to notify the registrar of the change of

address prior to the date of an election, be permitted to vote at

that polling place upon oral or written affirmation by the

registrant of the change of address before an election official at

that polling place.

(2)(A) A registrant who has moved from an address in the area

covered by one polling place to an address in an area covered by a

second polling place within the same registrar's jurisdiction and

the same congressional district and who has failed to notify the

registrar of the change of address prior to the date of an

election, at the option of the registrant -

(i) shall be permitted to correct the voting records and vote

at the registrant's former polling place, upon oral or written

affirmation by the registrant of the new address before an

election official at that polling place; or

(ii)(I) shall be permitted to correct the voting records and

vote at a central location within the same registrar's

jurisdiction designated by the registrar where a list of eligible

voters is maintained, upon written affirmation by the registrant

of the new address on a standard form provided by the registrar

at the central location; or

(II) shall be permitted to correct the voting records for

purposes of voting in future elections at the appropriate polling

place for the current address and, if permitted by State law,

shall be permitted to vote in the present election, upon

confirmation by the registrant of the new address by such means

as are required by law.

(B) If State law permits the registrant to vote in the current

election upon oral or written affirmation by the registrant of the

new address at a polling place described in subparagraph (A)(i) or

(A)(ii)(II), voting at the other locations described in

subparagraph (A) need not be provided as options.

(3) If the registration records indicate that a registrant has

moved from an address in the area covered by a polling place, the

registrant shall, upon oral or written affirmation by the

registrant before an election official at that polling place that

the registrant continues to reside at the address previously made

known to the registrar, be permitted to vote at that polling place.

(f) Change of voting address within a jurisdiction

In the case of a change of address, for voting purposes, of a

registrant to another address within the same registrar's

jurisdiction, the registrar shall correct the voting registration

list accordingly, and the registrant's name may not be removed from

the official list of eligible voters by reason of such a change of

address except as provided in subsection (d) of this section.

(g) Conviction in Federal court

(1) On the conviction of a person of a felony in a district court

of the United States, the United States attorney shall give written

notice of the conviction to the chief State election official

designated under section 1973gg-8 of this title of the State of the

person's residence.

(2) A notice given pursuant to paragraph (1) shall include -

(A) the name of the offender;

(B) the offender's age and residence address;

(C) the date of entry of the judgment;

(D) a description of the offenses of which the offender was

convicted; and

(E) the sentence imposed by the court.

(3) On request of the chief State election official of a State or

other State official with responsibility for determining the effect

that a conviction may have on an offender's qualification to vote,

the United States attorney shall provide such additional

information as the United States attorney may have concerning the

offender and the offense of which the offender was convicted.

(4) If a conviction of which notice was given pursuant to

paragraph (1) is overturned, the United States attorney shall give

the official to whom the notice was given written notice of the

vacation of the judgment.

(5) The chief State election official shall notify the voter

registration officials of the local jurisdiction in which an

offender resides of the information received under this subsection.

(h) Omitted

(i) Public disclosure of voter registration activities

(1) Each State shall maintain for at least 2 years and shall make

available for public inspection and, where available, photocopying

at a reasonable cost, all records concerning the implementation of

programs and activities conducted for the purpose of ensuring the

accuracy and currency of official lists of eligible voters, except

to the extent that such records relate to a declination to register

to vote or to the identity of a voter registration agency through

which any particular voter is registered.

(2) The records maintained pursuant to paragraph (1) shall

include lists of the names and addresses of all persons to whom

notices described in subsection (d)(2) of this section are sent,

and information concerning whether or not each such person has

responded to the notice as of the date that inspection of the

records is made.

(j) "Registrar's jurisdiction" defined

For the purposes of this section, the term "registrar's

jurisdiction" means -

(1) an incorporated city, town, borough, or other form of

municipality;

(2) if voter registration is maintained by a county, parish, or

other unit of government that governs a larger geographic area

than a municipality, the geographic area governed by that unit of

government; or

(3) if voter registration is maintained on a consolidated basis

for more than one municipality or other unit of government by an

office that performs all of the functions of a voting registrar,

the geographic area of the consolidated municipalities or other

geographic units.

-SOURCE-

(Pub. L. 103-31, Sec. 8, May 20, 1993, 107 Stat. 82; Pub. L.

107-252, title IX, Sec. 903, Oct. 29, 2002, 116 Stat. 1728.)

-REFTEXT-

REFERENCES IN TEXT

The Voting Rights Act of 1965, referred to in subsec. (b)(1), is

Pub. L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended, which is

classified generally to subchapters I-A (Sec. 1973 et seq.), I-B

(Sec. 1973aa et seq.), and I-C (Sec. 1973bb et seq.) of this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 1971 of this title and

Tables.

-COD-

CODIFICATION

Section is comprised of section 8 of Pub. L. 103-31. Subsec. (h)

of section 8 of Pub. L. 103-31 enacted section 3629 of Title 39,

Postal Service, and amended sections 2401 and 3627 of Title 39.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-252 inserted before period at

end ", except that nothing in this paragraph may be construed to

prohibit a State from using the procedures described in subsections

(c) and (d) of this section to remove an individual from the

official list of eligible voters if the individual -

"(A) has not either notified the applicable registrar (in

person or in writing) or responded during the period described in

subparagraph (B) to the notice sent by the applicable registrar;

and then

"(B) has not voted or appeared to vote in 2 or more consecutive

general elections for Federal office".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973ff-3, 1973gg-3,

1973gg-4, 1973gg-7, 15483 of this title.

-End-

-CITE-

42 USC Sec. 1973gg-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09H - NATIONAL VOTER REGISTRATION

-HEAD-

Sec. 1973gg-7. Federal coordination and regulations

-STATUTE-

(a) In general

The Election Assistance Commission -

(1) in consultation with the chief election officers of the

States, shall prescribe such regulations as are necessary to

carry out paragraphs (2) and (3);

(2) in consultation with the chief election officers of the

States, shall develop a mail voter registration application form

for elections for Federal office;

(3) not later than June 30 of each odd-numbered year, shall

submit to the Congress a report assessing the impact of this

subchapter on the administration of elections for Federal office

during the preceding 2-year period and including recommendations

for improvements in Federal and State procedures, forms, and

other matters affected by this subchapter; and

(4) shall provide information to the States with respect to the

responsibilities of the States under this subchapter.

(b) Contents of mail voter registration form

The mail voter registration form developed under subsection

(a)(2) of this section -

(1) may require only such identifying information (including

the signature of the applicant) and other information (including

data relating to previous registration by the applicant), as is

necessary to enable the appropriate State election official to

assess the eligibility of the applicant and to administer voter

registration and other parts of the election process;

(2) shall include a statement that -

(A) specifies each eligibility requirement (including

citizenship);

(B) contains an attestation that the applicant meets each

such requirement; and

(C) requires the signature of the applicant, under penalty of

perjury;

(3) may not include any requirement for notarization or other

formal authentication; and

(4) shall include, in print that is identical to that used in

the attestation portion of the application -

(i) the information required in section 1973gg-6(a)(5)(A) and

(B) of this title;

(ii) a statement that, if an applicant declines to register

to vote, the fact that the applicant has declined to register

will remain confidential and will be used only for voter

registration purposes; and

(iii) a statement that if an applicant does register to vote,

the office at which the applicant submits a voter registration

application will remain confidential and will be used only for

voter registration purposes.

-SOURCE-

(Pub. L. 103-31, Sec. 9, May 20, 1993, 107 Stat. 87; Pub. L.

107-252, title VIII, Sec. 802(b), Oct. 29, 2002, 116 Stat. 1726.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-252 substituted "Election

Assistance Commission" for "Federal Election Commission" in

introductory provisions.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-252 effective upon appointment of all

members of the Election Assistance Commission under section 15323

of this title, see section 15534(a) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973gg-4, 1973gg-5,

15329, 15532 of this title.

-End-

-CITE-

42 USC Sec. 1973gg-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09H - NATIONAL VOTER REGISTRATION

-HEAD-

Sec. 1973gg-8. Designation of chief State election official

-STATUTE-

Each State shall designate a State officer or employee as the

chief State election official to be responsible for coordination of

State responsibilities under this subchapter.

-SOURCE-

(Pub. L. 103-31, Sec. 10, May 20, 1993, 107 Stat. 87.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973gg-6, 15403 of this

title.

-End-

-CITE-

42 USC Sec. 1973gg-9 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09H - NATIONAL VOTER REGISTRATION

-HEAD-

Sec. 1973gg-9. Civil enforcement and private right of action

-STATUTE-

(a) Attorney General

The Attorney General may bring a civil action in an appropriate

district court for such declaratory or injunctive relief as is

necessary to carry out this subchapter.

(b) Private right of action

(1) A person who is aggrieved by a violation of this subchapter

may provide written notice of the violation to the chief election

official of the State involved.

(2) If the violation is not corrected within 90 days after

receipt of a notice under paragraph (1), or within 20 days after

receipt of the notice if the violation occurred within 120 days

before the date of an election for Federal office, the aggrieved

person may bring a civil action in an appropriate district court

for declaratory or injunctive relief with respect to the violation.

(3) If the violation occurred within 30 days before the date of

an election for Federal office, the aggrieved person need not

provide notice to the chief election official of the State under

paragraph (1) before bringing a civil action under paragraph (2).

(c) Attorney's fees

In a civil action under this section, the court may allow the

prevailing party (other than the United States) reasonable attorney

fees, including litigation expenses, and costs.

(d) Relation to other laws

(1) The rights and remedies established by this section are in

addition to all other rights and remedies provided by law, and

neither the rights and remedies established by this section nor any

other provision of this subchapter shall supersede, restrict, or

limit the application of the Voting Rights Act of 1965 (42 U.S.C.

1973 et seq.).

(2) Nothing in this subchapter authorizes or requires conduct

that is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973

et seq.).

-SOURCE-

(Pub. L. 103-31, Sec. 11, May 20, 1993, 107 Stat. 88.)

-REFTEXT-

REFERENCES IN TEXT

The Voting Rights Act of 1965, referred to in subsec. (d), is

Pub. L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended, which is

classified generally to subchapters I-A (Sec. 1973 et seq.), I-B

(Sec. 1973aa et seq.), and I-C (Sec. 1973bb et seq.) of this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 1971 of this title and

Tables.

-End-

-CITE-

42 USC Sec. 1973gg-10 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER I09H - NATIONAL VOTER REGISTRATION

-HEAD-

Sec. 1973gg-10. Criminal penalties

-STATUTE-

A person, including an election official, who in any election for

Federal office -

(1) knowingly and willfully intimidates, threatens, or coerces,

or attempts to intimidate, threaten, or coerce, any person for -

(A) registering to vote, or voting, or attempting to register

or vote;

(B) urging or aiding any person to register to vote, to vote,

or to attempt to register or vote; or

(C) exercising any right under this subchapter; or

(2) knowingly and willfully deprives, defrauds, or attempts to

deprive or defraud the residents of a State of a fair and

impartially conducted election process, by -

(A) the procurement or submission of voter registration

applications that are known by the person to be materially

false, fictitious, or fraudulent under the laws of the State in

which the election is held; or

(B) the procurement, casting, or tabulation of ballots that

are known by the person to be materially false, fictitious, or

fraudulent under the laws of the State in which the election is

held,

shall be fined in accordance with title 18 (which fines shall be

paid into the general fund of the Treasury, miscellaneous receipts

(pursuant to section 3302 of title 31), notwithstanding any other

law), or imprisoned not more than 5 years, or both.

-SOURCE-

(Pub. L. 103-31, Sec. 12, May 20, 1993, 107 Stat. 88.)

-End-

-CITE-

42 USC SUBCHAPTER II - FEDERAL ELECTION RECORDS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-

SUBCHAPTER II - FEDERAL ELECTION RECORDS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1971 of this title.

-End-

-CITE-

42 USC Sec. 1974 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-

Sec. 1974. Retention and preservation of records and papers by

officers of elections; deposit with custodian; penalty for

violation

-STATUTE-

Every officer of election shall retain and preserve, for a period

of twenty-two months from the date of any general, special, or

primary election of which candidates for the office of President,

Vice President, presidential elector, Member of the Senate, Member

of the House of Representatives, or Resident Commissioner from the

Commonwealth of Puerto Rico are voted for, all records and papers

which come into his possession relating to any application,

registration, payment of poll tax, or other act requisite to voting

in such election, except that, when required by law, such records

and papers may be delivered to another officer of election and

except that, if a State or the Commonwealth of Puerto Rico

designates a custodian to retain and preserve these records and

papers at a specified place, then such records and papers may be

deposited with such custodian, and the duty to retain and preserve

any record or paper so deposited shall devolve upon such custodian.

Any officer of election or custodian who willfully fails to comply

with this section shall be fined not more than $1,000 or imprisoned

not more than one year, or both.

-SOURCE-

(Pub. L. 86-449, title III, Sec. 301, May 6, 1960, 74 Stat. 88.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1974a, 1974b of this

title.

-End-

-CITE-

42 USC Sec. 1974a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-

Sec. 1974a. Theft, destruction, concealment, mutilation, or

alteration of records or papers; penalties

-STATUTE-

Any person, whether or not an officer of election or custodian,

who willfully steals, destroys, conceals, mutilates, or alters any

record or paper required by section 1974 of this title to be

retained and preserved shall be fined not more than $1,000 or

imprisoned not more than one year, or both.

-SOURCE-

(Pub. L. 86-449, title III, Sec. 302, May 6, 1960, 74 Stat. 88.)

-End-

-CITE-

42 USC Sec. 1974b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-

Sec. 1974b. Demand for records or papers by Attorney General or

representative; statement of basis and purpose

-STATUTE-

Any record or paper required by section 1974 of this title to be

retained and preserved shall, upon demand in writing by the

Attorney General or his representative directed to the person

having custody, possession, or control of such record or paper, be

made available for inspection, reproduction, and copying at the

principal office of such custodian by the Attorney General or his

representative. This demand shall contain a statement of the basis

and the purpose therefor.

-SOURCE-

(Pub. L. 86-449, title III, Sec. 303, May 6, 1960, 74 Stat. 88.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1974d of this title.

-End-

-CITE-

42 USC Sec. 1974c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-

Sec. 1974c. Disclosure of records or papers

-STATUTE-

Unless otherwise ordered by a court of the United States, neither

the Attorney General nor any employee of the Department of Justice,

nor any other representative of the Attorney General, shall

disclose any record or paper produced pursuant to this subchapter,

or any reproduction or copy, except to Congress and any committee

thereof, governmental agencies, and in the presentation of any case

or proceeding before any court or grand jury.

-SOURCE-

(Pub. L. 86-449, title III, Sec. 304, May 6, 1960, 74 Stat. 88.)

-End-

-CITE-

42 USC Sec. 1974d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-

Sec. 1974d. Jurisdiction to compel production of records or papers

-STATUTE-

The United States district court for the district in which a

demand is made pursuant to section 1974b of this title, or in which

a record or paper so demanded is located, shall have jurisdiction

by appropriate process to compel the production of such record or

paper.

-SOURCE-

(Pub. L. 86-449, title III, Sec. 305, May 6, 1960, 74 Stat. 88.)

-End-

-CITE-

42 USC Sec. 1974e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 20 - ELECTIVE FRANCHISE

SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-

Sec. 1974e. "Officer of election" defined

-STATUTE-

As used in this subchapter, the term "officer of election" means

any person who, under color of any Federal, State, Commonwealth, or

local law, statute, ordinance, regulation, authority, custom, or

usage, performs or is authorized to perform any function, duty, or

task in connection with any application, registration, payment of

poll tax, or other act requisite to voting in any general, special,

or primary election at which votes are cast for candidates for the

office of President, Vice President, presidential elector, Member

of the Senate, Member of the House of Representatives, or Resident

Commissioner from the Commonwealth of Puerto Rico.

-SOURCE-

(Pub. L. 86-449, title III, Sec. 306, May 6, 1960, 74 Stat. 88.)

-End-