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OOO Sec.
1971. Voting rights
OOO(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
OOOOO(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.
OOOOO(2) No
person acting under color of law shall--
OOOOOOO(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;
OOOOOOO(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
OOOOOOO(C) employ any literacy test as
a qualification for voting in any election unless
OOOOOOOOO(i) such test is administered
to each individual and is conducted wholly in writing, and
OOOOOOOOO(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.
OOOOO(3) For purposes of this
subsection--
OOOOOOO(A) the term ``vote'' shall
have the same meaning as in subsection (e) of this section;
OOOOOOO(B) the phrase ``literacy
test'' includes any test of the ability to read, write, understand, or
interpret any matter.
OOO(b) Intimidation, threats, or
coercion
OOONo 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.
OOO(c) Preventive relief; injunction;
rebuttable literacy presumption; liability of United States for costs;
State as party defendant
OOOWhenever 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.
OOO(d) Jurisdiction; exhaustion of
other remedies
OOOThe 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.
OOO(e) Order qualifying person to
vote; application; hearing; voting referees; transmittal of report and
order; certificate of qualification; definitions
OOOIn 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.
OOONotwithstanding 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.
OOOAn 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.
OOOThe 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.
OOOUpon 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.
OOOThe 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.
OOOAny 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.
OOOApplications 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.
OOOWhen 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.
OOO(f) Contempt; assignment of
counsel; witnesses
OOOAny 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.
OOO(g)
Three-judge district court: hearing, determination, expedition of
action, review by Supreme Court; single-judge district court: hearing,
determination, expedition of action
OOOIn 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.
(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.)
References in Text
OOOThe
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.
OOORule 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.
OOOThis 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.
Codification
OOOR.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.
Amendments
OOO1965--Subsecs.
(a), (c). Pub. L. 89-110, Sec. 15(a), struck out ``Federal'' before
``election'' wherever appearing.
OOOSubsecs. (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''.
OOO1964--Subsec. (a). Pub. L. 88-352,
Sec. 101(a), designated existing provisions as par. (1) and added
pars. (2) and (3).
OOOSubsec. (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).
OOOSubsec. (h). Pub. L. 88-352, Sec.
101(d), added subsec. (h).
OOO1960--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.
OOOSubsecs. (e), (f). Pub. L. 86-449,
Sec. 601(a), added subsec. (e) and redesignated former subsec. (e) as
(f).
OOO1957--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
OOOPub. 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
OOOPub.
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 notes under section 1973ff of this title] may be
cited as the `Uniformed and Overseas Citizens Absentee Voting Act'.''
OOOPub. 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'.''
OOOPub. 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'.''
OOOPub. 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.
OOOPub. 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'.''
OOOSection 1 of Pub. L. 89-110
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'.''
OOOSection 1 of Pub. L. 86-449
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'.''
OOOSection 161 of Pub. L. 85-315
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'.''
OOOAct 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.
Separability
OOOSection
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
OOOPub.
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).''
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