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52 U.S.C. § 20701 — Retention and preservation of records and papers by officers of elections; deposit with custodian; penalty for violation
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_289e3117e10cff97352d74e6
Source file: Laws/federal/codes/united-states-code/title-52/section-20701-retention-and-preservation-of-records-and-papers-by-officers-of-election--fecdc633c0.md
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Passage SHA-256: ded6ca86fac012da713beb412abd5d6079c53f33fd5adedcfc47d9c1c378e43c
Source location: Title 52, Chapter 207, § 20701; chapter-207-federal-election-records.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1974 was editorially reclassified as [section 20701 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20701&num=0&edition=prelim), Voting and Elections.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1974
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 10101
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Federal law — U.S. Code and appendices · legal_authorities
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 20701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20701&num=0&edition=prelim) to be retained and preserved shall be fined not more than $1,000 or imprisoned not more than one year, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 20702
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Federal law — U.S. Code and appendices · legal_authorities
Any record or paper required by [section 20701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20701&num=0&edition=prelim) 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: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 20703
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Federal law — U.S. Code and appendices · legal_authorities
Page 49
TITLE 52—VOTING AND ELECTIONS
§ 20702
(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, includ-
ing 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 chapter shall supersede,
restrict, or limit the application of the Voting
Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52
U.S.C. 10301 et seq.].
(2) Nothing in this chapter authorizes or re-
quires conduct that is prohibited by the Voting
Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52
U.S.C. 10301 et seq.].
(Pub. L. 103–31, § 11, May 20, 1993, 107 Stat. 88.)
Editorial Notes
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, which is
classified generally to chapters 103 (§ 10301 et seq.), 105
(§ 10501 et seq.), and 107 (§ 10701 et seq.) of this title. For
complete classification of this Act to the Code, see Ta-
bles.
CODIFICATION
Section was formerly classified to section 1973gg–9 of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
§ 20511. Criminal penalties
A person, including an election official, who in
any election for Federal office—
(1) knowingly and willfully intimidates,
threatens, or coerces, or attempts to intimi-
date, threaten, or coerce, any person for—
(A) registering to vote, or voting, or at-
tempting to register or vote;
(B) urging or aiding any person to register
to vote, to vote, or to attempt to
Source: Supplied 2024 U.S. Code historical extraction · 52 U.S.C. § 20701
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