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52 U.S.C. § 10301 — Denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation
Federal law — U.S. Code and appendices · legal_authorities
**(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 10303(f)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/f/2&num=0&edition=prelim), as provided in subsection (b).
**(b)** A violation of subsection (a) 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) 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.
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Source file: Laws/federal/codes/united-states-code/title-52/section-10301-denial-or-abridgement-of-right-to-vote-on-account-of-race-or-color-throu--fc7d94567c.md
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Source location: Title 52, Chapter 103, § 10301; chapter-103-enforcement-of-voting-rights.md
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**(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 10303(f)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/f/2&num=0&edition=prelim), as provided in subsection (b).
**(b)** A violation of subsection (a) 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) 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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1973 was editorially reclassified as [section 10301 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10301&num=0&edition=prelim), Voting and Elections.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1973
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever a State or political subdivision with respect to which the prohibitions set forth in [section 10303(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/a&num=0&edition=prelim) based upon determinations made under the first sentence of [section 10303(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/b&num=0&edition=prelim) 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 10303(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/a&num=0&edition=prelim) based upon determinations made under the second sentence of [section 10303(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/b&num=0&edition=prelim) 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 10303(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/a&num=0&edition=prelim) based upon determinations made under the third sentence of [section 10303(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10303/b&num=0&edition=prelim) are in effect shall enact or seek to administer any vo
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 10304
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in subsection (b), the time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively.
**(b) Special rules in extraordinary circumstances**
(1) **In general** — In extraordinary circumstances, the executive authority of any State in which a vacancy exists in its representation in the House of Representatives shall issue a writ of election to fill such vacancy by special election.
(2) **Timing of special election** — A special election held under this subsection to fill a vacancy shall take place not later than 49 days after the Speaker of the House of Representatives announces that the vacancy exists, unless, during the 75-day period which begins on the date of the announcement of the vacancy—
(A) a regularly scheduled general election for the office involved is to be held; or
(B) another special election for the office involved is to be held, pursuant to a writ for a special election issued by the chief executive of the State prior to the date of the announcement of the vacancy.
(3) **Nominations by parties** — If a special election is to be held under this subsection, the determination of the candidates who will run in such election shall be made—
(A) by nominations made not later than 10 days after the Speaker announces that the vacancy exists by the political parties of the State that are authorized by State law to nominate candidates for the election; or
(B) by any other method the State considers appropriate, including holding primar
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 8
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Federal law — U.S. Code and appendices · legal_authorities
**(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) 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 de
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 10303
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Federal law — U.S. Code and appendices · legal_authorities
**(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, 2032, 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 the 2010 American Community Survey census data and subsequent American Community Survey data in 5-year increments, or comparable 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 percen
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 10503
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Federal law — U.S. Code and appendices · legal_authorities
This chapter shall not be construed to impair any right guaranteed by the Voting Rights Act of 1965 ([42 U.S.C. 1973](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1973&num=0&edition=prelim) et seq.) [now [52 U.S.C. 10301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10301&num=0&edition=prelim) et seq.].
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 20106
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Federal law — U.S. Code and appendices · legal_authorities
**(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 20504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20504&num=0&edition=prelim), 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 20505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20505&num=0&edition=prelim), 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 provi
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 20507
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Federal law — U.S. Code and appendices · legal_authorities
**(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 chapter.
**(b) Private right of action**
(1) A person who is aggrieved by a violation of this chapter 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 chapter shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ([42 U.S.C. 1973](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1973&num=0&edition=prelim) et seq.) [now [52 U.S.C. 10301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 20510
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Commission shall make grants to assist entities in carrying out research and development to improve the quality, reliability, accuracy, accessibility, affordability, and security of voting equipment, election systems, and voting technology.
**(b) Eligibility** An entity is eligible to receive a grant under this subpart if it submits to the Commission (at such time and in such form as the Commission may require) an application containing—
(1) certifications that the research and development funded with the grant will take into account the need to make voting equipment fully accessible for individuals with disabilities, including the blind and visually impaired, the need to ensure that such individuals can vote independently and with privacy, and the need to provide alternative language accessibility for individuals with limited proficiency in the English language (consistent with the requirements of the Voting Rights Act of 1965 [[52 U.S.C. 10301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10301&num=0&edition=prelim) et seq.]); and
(2) such other information and certifications as the Commission may require.
**(c) Applicability of regulations governing patent rights in inventions made with Federal assistance** Any invention made by the recipient of a grant under this subpart using funds provided under this subpart shall be subject to chapter 18 of title 35 (relating to patent rights in inventions made with Federal assistance).
**(d) Recommendation of topics for research**
(1) **In general** — The Director of the National Institute of Standards and Technology (hereafter in this section referred to as the “Director”) shall submit to the Commission an annual list of the Director’s suggestions for issues which may
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 21041
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Commission shall make grants to carry out pilot programs under which new technologies in voting systems and equipment are tested and implemented on a trial basis so that the results of such tests and trials are reported to Congress.
**(b) Eligibility** An entity is eligible to receive a grant under this subpart if it submits to the Commission (at such time and in such form as the Commission may require) an application containing—
(1) certifications that the pilot programs funded with the grant will take into account the need to make voting equipment fully accessible for individuals with disabilities, including the blind and visually impaired, the need to ensure that such individuals can vote independently and with privacy, and the need to provide alternative language accessibility for individuals with limited proficiency in the English language (consistent with the requirements of the Voting Rights Act of 1965 [[52 U.S.C. 10301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10301&num=0&edition=prelim) et seq.] and the requirements of this chapter); and
(2) such other information and certifications as the Commission may require.
**(c) Recommendation of topics for pilot programs**
(1) **In general** — The Director of the National Institute of Standards and Technology (hereafter in this section referred to as the “Director”) shall submit to the Commission an annual list of the Director’s suggestions for issues which may be the subject of pilot programs funded with grants awarded under this subpart during the year.
(2) **Review of grant applications received by Commission** — The Commission shall submit each application it receives for a grant under this subpart to the Director, who shall review the application and
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 21051
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