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52 U.S.C. § 10309 — Termination of assignment of observers

Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 10309 — Termination of assignment of observers

**(a) In general** The assignment of observers shall terminate in any political subdivision of any State— (1) with respect to observers appointed pursuant to [section 10305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10305&num=0&edition=prelim) or with respect to examiners certified under chapters 103 to 107 of this title before July 27, 2006, 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 described in subsection (b), 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 10303(f)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/f/2&num=0&edition=prelim) in such subdivision; and (2) with respect to observers appointed pursuant to [section 10302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10302/a&num=0&edition=prelim), upon order of the authorizing court. **(b) Political subdivision with majority of nonwhite persons registered** A political subdivision referred to in subsection (a)(1) is one 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. **(c) Petition for termination** A political subdivision may petition the Attorney General for a termination under subsection (a)(1).

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Source file: Laws/federal/codes/united-states-code/title-52/section-10309-termination-of-assignment-of-observers--a8f417b533.md
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Source location: Title 52, Chapter 103, § 10309; chapter-103-enforcement-of-voting-rights.md

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 10305 — Use of observers

**(a) Assignment** Whenever— (1) a court has authorized the appointment of observers under [section 10302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10302/a&num=0&edition=prelim) for a political subdivision; or (2) the Attorney General certifies with respect to any political subdivision named in, or included within the scope of, determinations made under [section 10303(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/b&num=0&edition=prelim), unless a declaratory judgment has been rendered under [section 10303(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/a&num=0&edition=prelim), that— (A) the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of the guarantees set forth in [section 10303(f)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/f/2&num=0&edition=prelim) are likely to occur; or (B) in the Attorney General’s judgment (considering, among other factors, whether the ratio of nonwhite persons to white persons registered to vote within such subdivision appears to the Attorney General to be reasonably attributable to violations of the 14th or 15th amendment or whether substantial evidence exists that bona fide efforts are being made within such subdivision to comply with the 14th or 15th amendment), the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th amendment; the Director of the Office of Personnel Managemen

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1973k — Transferred

### Statutory Notes #### Codification Section 1973k was editorially reclassified as [section 10309 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10309&num=0&edition=prelim), Voting and Elections.

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 10309 — Termination of assignment of observers

Page 18 TITLE 52—VOTING AND ELECTIONS § 10309 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 unneces- sary The district courts of the United States shall have jurisdiction of proceedings instituted pur- suant to this section and shall exercise the same without regard to whether a person asserting rights under the provisions of chapters 103 to 107 of this title shall have exhausted any adminis- trative or other remedies that may be provided by law. (Pub. L. 89–110, title I, § 12, Aug. 6, 1965, 79 Stat. 443; Pub. L. 90–284, title I, § 103(c), Apr. 11, 1968, 82 Stat. 75; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314; Pub. L. 109–246, § 3(d)(3), (4), (e)(2), July 27, 2006, 120 Stat. 580.) Editorial Notes REFERENCES IN TEXT Section 1973e of title 42, referred to in subsec. (d), was repealed by Pub. L. 109–246, § 3(c), July 27, 2006, 120 Stat. 580. CODIFICATION Section was formerly classified to section 1973j of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–246, § 3(e)(2), struck out ‘‘1973e,’’ after ‘‘1973c,’’. Subsec. (b). Pub. L. 109–246, § 3(d)(3), substituted ‘‘an observer has been assigned’’ for ‘‘an e

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