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52 U.S.C. § 10305 — Use of observers

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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Stable record: federal_law:legal_authorities:record_usc_1382eb8b53175bf1894dddec
Source file: Laws/federal/codes/united-states-code/title-52/section-10305-use-of-observers--4d2861fc3e.md
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Passage SHA-256: cef8bc40301655f5ada73702d2747a67a05cc5391cffafbb589247c25ad87c91

Source location: Title 52, Chapter 103, § 10305; chapter-103-enforcement-of-voting-rights.md

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**(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 Management shall assign as many observers for such subdivision as the Director may deem appropriate. **(b) Status** Except as provided in subsection (c), such observers shall be assigned, compensated, and separated without regard to the provisions of any statute administered by the Director of the Office of Personnel Management, and their service under chapters 103 to 107 of this title 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 [section 7324 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7324&num=0&edition=prelim) prohibiting partisan political activity. **(c) Designation** The Director of the Office of Personnel Management is authorized to, after consulting the head of the appropriate department or agency, designate suitable persons in the official service of the United States, with their consent, to serve in these positions. **(d) Authority** Observers shall be authorized to— (1) 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) 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. **(e) Investigation and report** Observers shall investigate and report to the Attorney General, and if the appointment of observers has been authorized 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), to the court.

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

42 U.S.C. § 1973f — Transferred

### Statutory Notes #### Codification Section 1973f was editorially reclassified as [section 10305 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10305&num=0&edition=prelim), Voting and Elections.

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

5 U.S.C. § 7324 — Political activities on duty; prohibition

**(a)** An employee may not engage in political activity— (1) while the employee is on duty; (2) in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) using any vehicle owned or leased by the Government of the United States or any agency or instrumentality thereof. **(b)** (1) An employee described in paragraph (2) of this subsection may engage in political activity otherwise prohibited by subsection (a) if the costs associated with that political activity are not paid for by money derived from the Treasury of the United States. (2) Paragraph (1) applies to an employee— (A) the duties and responsibilities of whose position continue outside normal duty hours and while away from the normal duty post; and (B) who is— (i) an employee paid from an appropriation for the Executive Office of the President; or (ii) an employee appointed by the President, by and with the advice and consent of the Senate, whose position is located within the United States, who determines policies to be pursued by the United States in relations with foreign powers or in the nationwide administration of Federal laws.

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

52 U.S.C. § 10305 — Use of observers

Page 15 TITLE 52—VOTING AND ELECTIONS § 10305 (Pub. L. 89–110, title I, § 5, Aug. 6, 1965, 79 Stat. 439; renumbered title I and amended Pub. L. 91–285, §§ 2, 5, June 22, 1970, 84 Stat. 314, 315; Pub. L. 94–73, title II, §§ 204, 206, title IV, § 405, Aug. 6, 1975, 89 Stat. 402, 404; Pub. L. 109–246, § 5, July 27, 2006, 120 Stat. 580.) Editorial Notes CODIFICATION Section was formerly classified to section 1973c 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—Pub. L. 109–246 designated existing provisions as subsec. (a), substituted ‘‘neither has the purpose nor will have the effect’’ for ‘‘does not have the purpose and will not have the effect’’, and added subsecs. (b) to (d). 1975—Pub. L. 94–73 inserted ‘‘or whenever a State or political subdivision with respect to which the prohibi- tions set forth in section 1973b(a) of this title based upon determinations made under third sentence of sec- tion 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or pre- requisite to voting, or standard, practice, or procedure with respect to voting different from that in force or ef- fect on November 1, 1972,’’ after 1968, substituted ‘‘or upon good cause shown, to facilitate an expedited ap- proval within sixty days after such submission, the At- torney General has affirmatively indicated that such objection will not be made. Neither an affirmative indi- cation by the Attorney General that no objection will be made, nor the Attorney General’s failure to object,’’ for ‘‘except tha

Source: Supplied 2024 U.S. Code historical extraction · 52 U.S.C. § 10305

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