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 (d), was repealed by Pub.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 examiner has been appointed’’. Subsec. (c). Pub. L. 109–246, § 3(e)(2), struck out ‘‘1973e,’’ after ‘‘1973c,’’. Subsec. (e). Pub. L. 109–246, § 3(d)(4), substituted ‘‘ob- servers’’ for ‘‘examiners’’ and substituted ‘‘observer’’ for ‘‘examiner’’ in two places. 1968—Subsecs. (a), (c). Pub. L. 90–284 struck out ref- erence to violation of section 1973i(b) of this title. § 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 pur- suant to section 10305 of this title or with re- spect to examiners certified under chapters 103 to 107 of this title before July 27, 2006, when- ever the Attorney General notifies the Direc- tor of the Office of Personnel Management, or whenever the District Court for the District of Columbia determines in an action for declara- tory judgment brought by any political sub- division 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 con- travention of the guarantees set forth in sec- tion 10303(f)(2) of this title in such subdivision; and (2) with respect to observers appointed pur- suant to section 10302(a) of this title, upon order of the authorizing court. (b) Political subdivision with majority of nonwhite persons registered A political subdivision referred to in sub- section (a)(1) is one with respect to which the Director of the Census has determined that more than 50 per centum of the nonwhite per- sons of voting age residing therein are reg- istered to vote. (c) Petition for termination A political subdivision may petition the At- torney General for a termination under sub- section (a)(1). (Pub. L. 89–110, title I, § 13, Aug. 6, 1965, 79 Stat. 444; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94–73, title II, § 206, Aug. 6, 1975, 89 Stat. 402; Pub. L. 109–246, § 3(b), July 27, 2006, 120 Stat. 579; Pub. L. 110–258, § 2, July 1, 2008, 122 Stat. 2428.) Editorial Notes CODIFICATION Section was formerly classified to section 1973k 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 2008—Subsec. (a)(1). Pub. L. 110–258 made technical amendment to reference in original act which appears in text as reference to July 27, 2006. 2006—Pub. L. 109–246 amended section generally. Prior to amendment, section related to termination of listing procedures, basis for termination, and survey or census by the Director of the Census. 1975—Pub. L. 94–73 substituted ‘‘on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title’’ for ‘‘on account of race or color’’. § 10310. Enforcement proceedings (a) Criminal contempt All cases of criminal contempt arising under the provisions of chapters 103 to 107 of this title shall be governed by section 1995 of title 42. (b) Jurisdiction of courts for declaratory judg- ment, restraining orders, or temporary or permanent injunction No court other than the District Court for the District of Columbia shall have jurisdiction to issue any declaratory judgment pursuant to sec- tion 10303 or 10304 of this title or any restraining order or temporary or permanent injunction against the execution or enforcement of any provision of chapters 103 to 107 of this title or any action of any Federal officer or employee pursuant hereto. (c) Definitions (1) The terms ‘‘vote’’ or ‘‘voting’’ shall include all action necessary to make a vote effective in any primary, special, or general election, includ- ing, but not limited to, registration, listing pur- suant to this chapter, or other action required by law prerequisite to voting, casting a ballot,