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52 U.S.C. § 10304 — Alteration of voting qualifications; procedure and appeal; purpose or effect of diminishing the ability of citizens to elect their preferred candidates

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

52 U.S.C. § 10304 — Alteration of voting qualifications; procedure and appeal; purpose or effect of diminishing the ability of citizens to elect their preferred candidates

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Stable record: federal_law:legal_authorities:record_usc_8d63a9442d4f75368f563f11
Source file: Laws/federal/codes/united-states-code/title-52/section-10304-alteration-of-voting-qualifications-procedure-and-appeal-purpose-or-effe--05466a44f8.md
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Source location: Title 52, Chapter 103, § 10304; chapter-103-enforcement-of-voting-rights.md

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**(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 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, 1972, such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such qualification, prerequisite, standard, practice, or procedure neither has the purpose nor will have the effect of denying or abridging 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), and unless and until the court enters such judgment no person shall be denied the right to vote for failure to comply with such qualification, prerequisite, standard, practice, or procedure: Provided, That such qualification, prerequisite, standard, practice, or procedure may be enforced without such proceeding if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission, or upon good cause shown, to facilitate an expedited approval within sixty days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General’s failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. In the event the Attorney General affirmatively indicates that no objection will be made within the sixty-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to his attention during the remainder of the sixty-day period which would otherwise require objection in accordance with this section. Any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of [section 2284 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2284&num=0&edition=prelim) and any appeal shall lie to the Supreme Court. **(b)** Any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States 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), to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of subsection (a) of this section. **(c)** The term “purpose” in subsections (a) and (b) of this section shall include any discriminatory purpose. **(d)** The purpose of subsection (b) of this section is to protect the ability of such citizens to elect their preferred candidates of choice.

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

42 U.S.C. § 1973c — Transferred

### Statutory Notes #### Codification Section 1973c was editorially reclassified as [section 10304 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section10304&num=0&edition=prelim), Voting and Elections.

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28 U.S.C. § 2284 — Three-judge court; when required; composition; procedure

**(a)** A district court of three judges shall be convened when otherwise required by Act of Congress, or when an action is filed challenging the constitutionality of the apportionment of congressional districts or the apportionment of any statewide legislative body. **(b)** In any action required to be heard and determined by a district court of three judges under subsection (a) of this section, the composition and procedure of the court shall be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request is presented shall, unless he determines that three judges are not required, immediately notify the chief judge of the circuit, who shall designate two other judges, at least one of whom shall be a circuit judge. The judges so designated, and the judge to whom the request was presented, shall serve as members of the court to hear and determine the action or proceeding. (2) If the action is against a State, or officer or agency thereof, at least five days’ notice of hearing of the action shall be given by registered or certified mail to the Governor and attorney general of the State. (3) A single judge may conduct all proceedings except the trial, and enter all orders permitted by the rules of civil procedure except as provided in this subsection. He may grant a temporary restraining order on a specific finding, based on evidence submitted, that specified irreparable damage will result if the order is not granted, which order, unless previously revoked by the district judge, shall remain in force only until the hearing and determination by the district court of three judges of an application for a preliminary injunction. A single judge shall not appoint a master, or order a reference, or hear and determine any application for a prel

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

18 U.S.C. § 1531 — Partial-birth abortions prohibited

**(a)** Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. This subsection takes effect 1 day after the enactment. **(b)** As used in this section— (1) the term “partial-birth abortion” means an abortion in which the person performing the abortion— (A) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and (B) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus; and (2) the term “physician” means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions: Provided, however, That any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this section. **(c)** (1) The father, if married to the mother at

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

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

**(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

52 U.S.C. § 10303 — Suspension of the use of tests or devices in determining eligibility to vote

**(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

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

52 U.S.C. § 21145 — No effect on other laws

**(a) In general** Except as specifically provided in [section 21083(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21083/b&num=0&edition=prelim) with regard to the National Voter Registration Act of 1993 ([42 U.S.C. 1973gg](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1973gg&num=0&edition=prelim) et seq.) [now [52 U.S.C. 20501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20501&num=0&edition=prelim) et seq.], nothing in this chapter may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) 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.]. (2) The Voting Accessibility for the Elderly and Handicapped Act ([42 U.S.C. 1973ee](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1973ee&num=0&edition=prelim) et seq.) [now [52 U.S.C. 20101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20101&num=0&edition=prelim) et seq.]. (3) The Uniformed and Overseas Citizens Absentee Voting Act ([42 U.S.C. 1973ff](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1973ff&num=0&edition=prelim) et seq.) [now [52 U.S.C. 20301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301&num=0&edition=prelim) et seq.]. (4) The National Voter Registration Act of 1993 ([42 U.S.C. 1973gg](https://uscode.house.gov/view.xhtml?req=granuleid:USC-

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

52 U.S.C. § 10304 — Alteration of voting qualifications; proce-

Page 14 TITLE 52—VOTING AND ELECTIONS § 10304 shall issue with respect to any plaintiff for a period of ten years after the entry of final judgment of any court of the United States, other than the denial of a declara- tory judgment under this section, whether entered prior to or after the enactment of this paragraph, de- termining that denials or abridgments of the right to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2) of this sec- tion through the use of tests or devices have occurred anywhere in the territory of such plaintiff, in second par., substituted ‘‘on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2)’’ for ‘‘on account of race or color’’, in third par., substituted ‘‘seventeen years preceding the filing of an action under the first sentence of this subsection’’ for ‘‘ten years preceding the filing of the action’’, and added fourth par. Subsec. (b). Pub. L. 94–73, § 202, inserted provisions that on and after August 6, 1975, in addition to any State or political subdivision of a State determined to be subject to subsection (a) pursuant to the previous two sentences, the provisions of subsection (a) shall apply in any State or any political subdivision of a State which the Attorney General determines main- tained on November 1, 1972, any test or device, and with respect to which the Director of the Census determines that less than 50 per centum of the citizens of voting age were registered on November 1, 1972, or that less than 50 per centum of such persons voted in the Presi- dential election of November, 1972. Subsec. (d). Pub. L. 94–73, § 206, substituted ‘‘on ac- count of race or color or in contravention of the guar- antees set for

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