52 U.S.C. § 10502 — Residence requirements for voting

Page 20 TITLE 52—VOTING AND ELECTIONS § 10501 CHAPTER 105—SUPPLEMENTAL PROVISIONS Sec. 10501. Application of prohibition to other States; ‘‘test or device’’ defined. 10502. Residence requirements for voting. 10503. Bilingual election requirements. 10504. Judicial relief; civil actions by the Attorney General; three-judge district court; appeal to Supreme Court. 10505. Penalty. 10506. Separability. 10507. Survey to compile registration and voting statistics. 10508. Voting assistance for blind, disabled or illit- erate persons. § 10501. Application of prohibition to other States; ‘‘test or device’’ defined (a) No citizen shall be denied, because of his failure to comply with any test or device, the right to vote in any Federal, State, or local elec- tion conducted in any State or political subdivi- sion of a State. (b) As used in this section, the term ‘‘test or device’’ means any requirement that a person as a prerequisite for voting or registration for vot- ing (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) dem- onstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifica- tions by the voucher of registered voters or members of any other class. (Pub. L. 89–110, title II, § 201, as added Pub. L. 91–285, § 6, June 22, 1970, 84 Stat. 315; amended Pub. L. 94–73, title I, § 102, Aug. 6, 1975, 89 Stat. 400.) Editorial Notes CODIFICATION Section was formerly classified to section 1973aa 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 1975—Subsec. (a). Pub. L. 94–73 struck out ‘‘Prior to August 6, 1975,’’ and ‘‘as to which the provisions of sec- tion 1973b(a) of this title are not in effect by reason of determinations made under section 1973b(b) of this title’’. § 10502. Residence requirements for voting (a) Congressional findings The Congress hereby finds that the imposition and application of the durational residency re- quirement as a precondition to voting for the of- fices of President and Vice President, and the lack of sufficient opportunities for absentee reg- istration and absentee balloting in presidential elections— (1) denies or abridges the inherent constitu- tional right of citizens to vote for their Presi- dent and Vice President; (2) denies or abridges the inherent constitu- tional right of citizens to enjoy their free movement across State lines; (3) denies or abridges the privileges and im- munities guaranteed to the citizens of each State under article IV, section 2, clause 1, of the Constitution; (4) in some instances has the impermissible purpose or effect of denying citizens the right to vote for such officers because of the way they may vote; (5) has the effect of denying to citizens the equality of civil rights, and due process and equal protection of the laws that are guaran- teed to them under the fourteenth amend- ment; and (6) does not bear a reasonable relationship to any compelling State interest in the conduct of presidential elections. (b) Congressional declaration: durational resi- dency requirement, abolishment; absentee registration and balloting standards, estab- lishment Upon the basis of these findings, Congress de- clares that in order to secure and protect the above-stated rights of citizens under the Con- stitution, to enable citizens to better obtain the enjoyment of such rights, and to enforce the guarantees of the fourteenth amendment, it is necessary (1) to completely abolish the durational residency requirement as a pre- condition to voting for President and Vice Presi- dent, and (2) to establish nationwide, uniform standards relative to absentee registration and absentee balloting in presidential elections. (c) Prohibition of denial of right to vote because of durational residency requirement or ab- sentee balloting No citizen of the United States who is other- wise qualified to vote in any election for Presi- dent and Vice President shall be denied the right to vote for electors for President and Vice President, or for President and Vice President, in such election because of the failure of such citizen to comply with any durational residency requirement of such State or political subdivi- sion; nor shall any citizen of the United States be denied the right to vote for electors for Presi- dent and Vice President, or for President and Vice President, in such election because of the failure of such citizen to be physically present in such State or political subdivision at the time of such election, if such citizen shall have complied with the requirements prescribed by the law of such State or political subdivision providing for the casting of absentee ballots in such election. (d) Registration: time for application; absentee balloting: time of application and return of ballots For the purposes of this section, each State shall provide by law for the registration or other means of qualification of all duly qualified resi- dents of such State who apply, not later than thirty days immediately prior to any presi- dential election, for registration or qualification to vote for the choice of electors for President and Vice President or for President and Vice President in such election; and each State shall provide by law for the casting of absentee bal- lots for the choice of electors for President and Vice President, or for President and Vice Presi- dent, by all duly qualified residents of such State who may be absent from their election Page 21 TITLE 52—VOTING AND ELECTIONS § 10503 district or unit in such State on the day such election is held and who have applied therefor not later than seven days immediately prior to such election and have returned such ballots to the appropriate election official of such State not later than the time of closing of the polls in such State on the day of such election. (e) Change of residence; voting in person or by absentee ballot in State of prior residence If any citizen of the United States who is oth- erwise qualified to vote in any State or political subdivision in any election for President and Vice President has begun residence in such State or political subdivision after the thirtieth day next preceding such election and, for that reason, does not satisfy the registration require- ments of such State or political subdivision he shall be allowed to vote for the choice of elec- tors for President and Vice President, or for President and Vice President, in such election, (1) in person in the State or political subdivision in which he resided immediately prior to his re- moval if he had satisfied, as of the date of his change of residence, the requirements to vote in that State or political subdivision, or (2) by ab- sentee ballot in the State or political subdivi- sion in which he resided immediately prior to his removal if he satisfies, but for his non- resident status and the reason for his absence, the requirements for absentee voting in that State or political subdivision. (f) Absentee registration requirement No citizen of the United States who is other- wise qualified to vote by absentee ballot in any State or political subdivision in any election for President and Vice President shall be denied the right to vote for the choice of electors for Presi- dent and Vice President, or for President and Vice President, in such election because of any requirement of registration that does not in- clude a provision for absentee registration. (g) State or local adoption of less restrictive vot- ing practices Nothing in this section shall prevent any State or political subdivision from adopting less restrictive voting practices than those that are prescribed herein. (h) ‘‘State’’ defined The term ‘‘State’’ as used in this section in- cludes each of the several States and the Dis- trict of Columbia. (i) False registration, and other fraudulent acts and conspiracies: application of penalty for false information in registering or voting The provisions of section 10307(c) of this title shall apply to false registration, and other fraudulent acts and conspiracies, committed under this section. (Pub. L. 89–110, title II, § 202, as added Pub. L. 91–285, § 6, June 22, 1970, 84 Stat. 316.) Editorial Notes CODIFICATION Section was formerly classified to section 1973aa–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10503. Bilingual election requirements (a) Congressional findings and declaration of policy The Congress finds that, through the use of various practices and procedures, citizens of lan- guage 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 ordi- narily directly related to the unequal edu- cational 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 pre- scribing other remedial devices. (b) Bilingual voting materials requirement (1) Generally Before August 6, 2032, no covered State or political subdivision shall provide voting ma- terials only in the English language. (2) Covered States and political subdivisions (A) Generally A State or political subdivision is a cov- ered 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 Sur- vey data in 5-year increments, or com- parable 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 lan- guage 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 percent of the American Indian or Alaska Native citizens of voting age within the Indian reservation are members of a single language minority and are limited-English proficient; and (ii) the illiteracy rate of the citizens in the language minority as a group is higher than the national illiteracy rate. (B) Exception The prohibitions of this subsection do not apply in any political subdivision that has less than 5 percent voting age limited- English proficient citizens of each language minority which comprises over 5 percent of the statewide limited-English proficient pop- ulation of voting age citizens, unless the po- litical subdivision is a covered political sub- division independently from its State. (3) Definitions As used in this section— (A) the term ‘‘voting materials’’ means registration or voting notices, forms, in- structions, assistance, or other materials or