52 U.S.C. § 10303 — Suspension of the use of tests or devices

Page 10 TITLE 52—VOTING AND ELECTIONS § 10303 amendment in any State or political subdivision the court finds that violations of the fifteenth amendment’’ and ‘‘on account of race or color, or in contravention of the voting guarantees set forth in section 1973b(f)(2) of this title’’ for ‘‘on account of race or color’’. Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted for ‘‘United States Civil Service Commis- sion’’ in subsec. (a) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under sec- tion 1101 of Title 5, Government Organization and Em- ployees, which transferred all functions vested by stat- ute in United States Civil Service Commission to Di- rector of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. § 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; ap- peal to Supreme Court; retention of jurisdic- tion 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 re- spect 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 de- terminations were made with respect to such State), though such determinations were not made with respect to such subdivision as a sepa- rate unit, or in any political subdivision with re- spect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Colum- bia issues a declaratory judgment under this section. No citizen shall be denied the right to vote in any Federal, State, or local election be- cause 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 determina- tions 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 de- claratory judgment under this section. A declar- atory judgment under this section shall issue only if such court determines that during the ten years preceding the filing of the action, and during the pendency of such action— (A) no such test or device has been used within such State or political subdivision for the purpose or with the effect of denying or abridging the right to vote on account of race or color or (in the case of a State or subdivi- sion seeking a declaratory judgment under the second sentence of this subsection) in con- travention of the guarantees of subsection (f)(2); (B) no final judgment of any court of the United States, other than the denial of declar- atory judgment under this section, has deter- mined that denials or abridgements of the right to vote on account of race or color have occurred anywhere in the territory of such State or political subdivision or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) that denials or abridgements of the right to vote in contravention of the guar- antees of subsection (f)(2) have occurred any- where in the territory of such State or sub- division and no consent decree, settlement, or agreement has been entered into resulting in any abandonment of a voting practice chal- lenged on such grounds; and no declaratory judgment under this section shall be entered during the pendency of an action commenced before the filing of an action under this sec- tion and alleging such denials or abridgements of the right to vote; (C) no Federal examiners or observers under chapters 103 to 107 of this title have been as- signed to such State or political subdivision; (D) such State or political subdivision and all governmental units within its territory have complied with section 10304 of this title, including compliance with the requirement that no change covered by section 10304 of this title has been enforced without preclearance under section 10304 of this title, and have re- pealed all changes covered by section 10304 of this title to which the Attorney General has successfully objected or as to which the United States District Court for the District of Columbia has denied a declaratory judg- ment; (E) the Attorney General has not interposed any objection (that has not been overturned by a final judgment of a court) and no declara- tory judgment has been denied under section 10304 of this title, with respect to any submis- sion by or on behalf of the plaintiff or any gov- ernmental unit within its territory under sec- tion 10304 of this title, and no such submis- sions or declaratory judgment actions are pending; and (F) such State or political subdivision and all governmental units within its territory— (i) have eliminated voting procedures and methods of election which inhibit or dilute equal access to the electoral process; (ii) have engaged in constructive efforts to eliminate intimidation and harassment of persons exercising rights protected under chapters 103 to 107 of this title; and (iii) have engaged in other constructive ef- forts, such as expanded opportunity for con- venient registration and voting for every person of voting age and the appointment of minority persons as election officials throughout the jurisdiction and at all stages of the election and registration process. (2) To assist the court in determining whether to issue a declaratory judgment under this sub- section, the plaintiff shall present evidence of minority participation, including evidence of Page 11 TITLE 52—VOTING AND ELECTIONS § 10303 the levels of minority group registration and voting, changes in such levels over time, and disparities between minority-group and non-mi- nority-group participation. (3) No declaratory judgment shall issue under this subsection with respect to such State or po- litical subdivision if such plaintiff and govern- mental units within its territory have, during the period beginning ten years before the date the judgment is issued, engaged in violations of any provision of the Constitution or laws of the United States or any State or political subdivi- sion with respect to discrimination in voting on account of race or color or (in the case of a State or subdivision seeking a declaratory judg- ment under the second sentence of this sub- section) in contravention of the guarantees of subsection (f)(2) unless the plaintiff establishes that any such violations were trivial, were promptly corrected, and were not repeated. (4) The State or political subdivision bringing such action shall publicize the intended com- mencement and any proposed settlement of such action in the media serving such State or polit- ical subdivision and in appropriate United States post offices. Any aggrieved party may as of right intervene at any stage in such action. (5) An action pursuant to this subsection shall be heard and determined by a court of three judges in accordance with the provisions of sec- tion 2284 of title 28 and any appeal shall lie to the Supreme Court. The court shall retain juris- diction of any action pursuant to this subsection for ten years after judgment and shall reopen the action upon motion of the Attorney General or any aggrieved person alleging that conduct has occurred which, had that conduct occurred during the ten-year periods referred to in this subsection, would have precluded the issuance of a declaratory judgment under this subsection. The court, upon such reopening, shall vacate the declaratory judgment issued under this section if, after the issuance of such declaratory judg- ment, a final judgment against the State or sub- division with respect to which such declaratory judgment was issued, or against any govern- mental unit within that State or subdivision, determines that denials or abridgements of the right to vote on account of race or color have occurred anywhere in the territory of such State or political subdivision or (in the case of a State or subdivision which sought a declaratory judg- ment under the second sentence of this sub- section) that denials or abridgements of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision, or if, after the issuance of such declaratory judgment, a consent decree, settlement, or agreement has been entered into resulting in any abandonment of a voting practice challenged on such grounds. (6) If, after two years from the date of the fil- ing of a declaratory judgment under this sub- section, no date has been set for a hearing in such action, and that delay has not been the re- sult of an avoidable delay on the part of counsel for any party, the chief judge of the United States District Court for the District of Colum- bia may request the Judicial Council for the Cir- cuit of the District of Columbia to provide the necessary judicial resources to expedite any ac- tion filed under this section. If such resources are unavailable within the circuit, the chief judge shall file a certificate of necessity in ac- cordance with section 292(d) of title 28. (7) The Congress shall reconsider the provi- sions of this section at the end of the fifteen- year period following the effective date of the amendments made by the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, Ce´sar E. Cha´vez, Barbara C. Jordan, William C. Vela´squez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006. (8) The provisions of this section shall expire at the end of the twenty-five-year period fol- lowing the effective date of the amendments made by the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, Ce´sar E. Cha´vez, Barbara C. Jordan, William C. Vela´squez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006. (9) Nothing in this section shall prohibit the Attorney General from consenting to an entry of judgment if based upon a showing of objective and compelling evidence by the plaintiff, and upon investigation, he is satisfied that the State or political subdivision has complied with the requirements of subsection (a)(1). Any aggrieved party may as of right intervene at any stage in such action. (b) Required factual determinations necessary to allow suspension of compliance with tests and devices; publication in Federal Register The provisions of subsection (a) shall apply in any State or in any political subdivision of a State which (1) the Attorney General deter- mines maintained on November 1, 1964, any test or device, and with respect to which (2) the Di- rector of the Census determines that less than 50 per centum of the persons of voting age residing therein were registered on November 1, 1964, or that less than 50 per centum of such persons voted in the presidential election of November 1964. On and after August 6, 1970, in addition to any State or political subdivision of a State de- termined to be subject to subsection (a) pursu- ant to the previous sentence, the provisions of subsection (a) shall apply in any State or any political subdivision of a State which (i) the At- torney General determines maintained on No- vember 1, 1968, any test or device, and with re- spect to which (ii) the Director of the Census de- termines that less than 50 per centum of the per- sons of voting age residing therein were reg- istered on November 1, 1968, or that less than 50 per centum of such persons voted in the presi- dential election of November 1968. On and after August 6, 1975, in addition to any State or polit- ical subdivision of a State determined to be sub- ject to subsection (a) pursuant to the previous two sentences, the provisions of subsection (a) shall apply in any State or any political subdivi- sion of a State which (i) the Attorney General determines maintained on November 1, 1972, any test or device, and with respect to which (ii) 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. Page 12 TITLE 52—VOTING AND ELECTIONS § 10303 A determination or certification of the Attor- ney General or of the Director of the Census under this section or under section 10305 or 10309 of this title shall not be reviewable in any court and shall be effective upon publication in the Federal Register. (c) ‘‘Test or device’’ defined The phrase ‘‘test or device’’ shall mean any re- quirement that a person as a prerequisite for voting or registration for voting (1) demonstrate the ability to read, write, understand, or inter- pret any matter, (2) demonstrate any edu- cational achievement or his knowledge of any particular subject, (3) possess good moral char- acter, or (4) prove his qualifications by the voucher of registered voters or members of any other class. (d) Required frequency, continuation and prob- able recurrence of incidents of denial or abridgement to constitute forbidden use of tests or devices For purposes of this section no State or polit- ical subdivision shall be determined to have en- gaged in the use of tests or devices for the pur- pose or with 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 subsection (f)(2) if (1) incidents of such use have been few in number and have been promptly and effectively corrected by State or local action, (2) the continuing effect of such incidents has been eliminated, and (3) there is no reasonable prob- ability of their recurrence in the future. (e) Completion of requisite grade level of edu- cation in American-flag schools in which the predominant classroom language was other than English (1) Congress hereby declares that to secure the rights under the fourteenth amendment of per- sons educated in American-flag schools in which the predominant classroom language was other than English, it is necessary to prohibit the States from conditioning the right to vote of such persons on ability to read, write, under- stand, or interpret any matter in the English language. (2) No person who demonstrates that he has successfully completed the sixth primary grade in a public school in, or a private school accred- ited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico in which the predominant classroom language was other than English, shall be denied the right to vote in any Federal, State, or local election because of his inability to read, write, under- stand, or interpret any matter in the English language, except that in States in which State law provides that a different level of education is presumptive of literacy, he shall demonstrate that he has successfully completed an equiva- lent level of education in a public school in, or a private school accredited by, any State or ter- ritory, the District of Columbia, or the Com- monwealth of Puerto Rico in which the predomi- nant classroom language was other than English. (f) Congressional findings of voting discrimina- tion against language minorities; prohibition of English-only elections; other remedial measures (1) The Congress finds that voting discrimina- tion against citizens of language minorities is pervasive and national in scope. Such minority citizens are from environments in which the dominant language is other than English. In ad- dition they have been denied equal educational opportunities by State and local governments, resulting in severe disabilities and continuing il- literacy in the English language. The Congress further finds that, where State and local offi- cials conduct elections only in English, lan- guage minority citizens are excluded from par- ticipating in the electoral process. In many areas of the country, this exclusion is aggra- vated by acts of physical, economic, and polit- ical intimidation. The Congress declares that, in order to enforce the guarantees of the four- teenth and fifteenth amendments to the United States Constitution, it is necessary to eliminate such discrimination by prohibiting English-only elections, and by prescribing other remedial de- vices. (2) No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote because he is a member of a language minority group. (3) In addition to the meaning given the term under subsection (c), the term ‘‘test or device’’ shall also mean any practice or requirement by which any State or political subdivision pro- vided any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, in- cluding ballots, only in the English language, where the Director of the Census determines that more than five per centum of the citizens of voting age residing in such State or political subdivision are members of a single language minority. With respect to subsection (b), the term ‘‘test or device’’, as defined in this sub- section, shall be employed only in making the determinations under the third sentence of that subsection. (4) Whenever any State or political subdivision subject to the prohibitions of the second sen- tence of subsection (a) provides any registration or voting notices, forms, instructions, assist- ance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the appli- cable language minority group as well as in the English language: Provided, That where the lan- guage of the applicable minority group is oral or unwritten or in the case of Alaskan Natives and American Indians, if the predominate language is historically unwritten, the State or political subdivision is only required to furnish oral in- structions, assistance, or other information re- lating to registration and voting. (Pub. L. 89–110, title I, § 4, Aug. 6, 1965, 79 Stat. 438; renumbered title I and amended Pub. L. 91–285, §§ 2–4, June 22, 1970, 84 Stat. 314, 315; Pub. L. 94–73, title I, § 101, title II, §§ 201–203, 206, Aug. 6, 1975, 89 Stat. 400–402; Pub. L. 97–205, § 2(a)–(c), Page 13 TITLE 52—VOTING AND ELECTIONS § 10303 June 29, 1982, 96 Stat. 131–133; Pub. L. 109–246, §§ 3(d)(2), (e)(1), 4, July 27, 2006, 120 Stat. 580; Pub. L. 110–258, § 2, July 1, 2008, 122 Stat. 2428.) Editorial Notes REFERENCES IN TEXT The effective date of the amendments made by the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, Ce´sar E. Cha´vez, Barbara C. Jordan, William C. Vela´squez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006, referred to in subsec. (a)(7), (8), is the date of enactment of Pub. L. 109–246, which was approved July 27, 2006. See section 10314 of this title. CODIFICATION Section was formerly classified to section 1973b 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. CONSTITUTIONALITY For information regarding the constitutionality of certain provisions of this section, formerly classified to section 1973b of Title 42, The Public Health and Wel- fare, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Con- stitution Annotated website, constitution.congress.gov. AMENDMENTS 2008—Subsec. (a)(7), (8). Pub. L. 110–258 substituted ‘‘Coretta Scott King, Ce´sar E. Cha´vez, Barbara C. Jor- dan, William C. Vela´squez, and Dr. Hector P. Garcia’’ for ‘‘and Coretta Scott King’’. 2006—Subsec. (a)(1)(C). Pub. L. 109–246, § 3(d)(2), in- serted ‘‘or observers’’ after ‘‘examiners’’. Subsec. (a)(7), (8). Pub. L. 109–246, § 4, substituted ‘‘Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amend- ments Act of 2006’’ for ‘‘Voting Rights Act Amendments of 1982’’. Subsec. (b). Pub. L. 109–246, § 3(e)(1), substituted ‘‘sec- tion 1973f’’ for ‘‘section 1973d’’. 1982—Subsec. (a). Pub. L. 97–205, § 2(a), (b), substituted ‘‘nineteen years’’ for ‘‘seventeen years’’ in three places, effective June 29, 1982, and, effective on and after Aug. 5, 1985, completely revised subsec. (a). Prior to such re- vision, subsec. (a) consisted of 4 undesignated para- graphs reading as follows: ‘‘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) of this section 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 in an action for a de- claratory judgment brought by such State or subdivi- sion against the United States has determined that no such test or device has been used during the seventeen years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color: Provided, That no such declaratory judgment shall issue with respect to any plaintiff for a period of seventeen years after the entry of a final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered prior to or after August 6, 1965, determining that denials or abridgments of the right to vote on account of race or color through the use of such tests or devices have occurred any where in the territory of such plaintiff. No citizen shall be de- nied 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 deter- minations have been made under the third sentence of subsection (b) of this section or in any political sub- division with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia in an action for a declaratory judgment brought by such State or subdivision against the United States has de- termined that no such test or device has been used dur- ing the ten years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in con- travention of the guarantees set forth in subsection (f)(2) of this section: Provided, That no such declaratory judgment shall issue with respect to any plaintiff for a period of ten years after the entry of a final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered prior to or after the enactment of this para- graph, determining that denials or abridgments of the right to vote on account of race or color, or in con- travention of the guarantees set forth in subsection (f)(2) of this section through the use of tests or devices have occurred anywhere in the territory of such plain- tiff. ‘‘An action pursuant to this subsection shall be heard and determined by a court of three judges in accord- ance with the provisions of section 2284 of title 28 and any appeal shall lie to the Supreme Court. The court shall retain jurisdiction of any action pursuant to this subsection for five years after judgment and shall re- open the action upon motion of the Attorney General alleging that a test or device has been used for the pur- pose or with 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 subsection (f)(2) of this section. ‘‘If the Attorney General determines that he has no reason to believe that any such test or device has been used during the seventeen years preceding the filing of an action under the first sentence of this subsection for the purpose or with the effect of denying or abridging the right to vote on account of race or color, he shall consent to the entry of such judgment. ‘‘If the Attorney General determines that he has no reason to believe that any such test or device has been used during the ten years preceding the filing of an ac- tion under the second sentence of this subsection for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in con- travention of the guarantees set forth in subsection (f)(2) of this section, he shall consent to the entry of such judgment.’’ Subsec. (f)(4). Pub. L. 97–205, § 2(c), inserted ‘‘or in the case of Alaskan Natives and American Indians, if the predominate language is historically unwritten’’. 1975—Subsec. (a). Pub. L. 94–73, §§ 101, 201, 206, in first par., substituted ‘‘seventeen years’’ for ‘‘ten years’’ in two places, and ‘‘determinations have been made under the first two sentences of subsection (b)’’ for ‘‘deter- minations have been made under subsection (b)’’, in- serted provisions that no citizen shall be denied the right to vote in any Federal, State, or local election be- cause 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 with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia in an action for a de- claratory judgment brought by such state or subdivi- sion against the United States has determined that no such test or device has been used during the ten years preceding the filing of the action for the purpose or with 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 subsection (f)(2) of this section with the proviso that no such declaratory judgment 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 forth in section 1973b(f)(2) of this title’’ for ‘‘on account of race or color’’. Subsec. (f). Pub. L. 94–73, § 203, added subsec. (f). 1970—Subsec. (a). Pub. L. 91–285, § 3, substituted ‘‘ten’’ for ‘‘five’’ years in first and third pars. Subsec. (b). Pub. L. 91–285, § 4, inserted provision re- specting the making of factual determinations con- cerning maintenance of any test or device on Nov. 1, 1968, registration of less than 50 per centum of persons of voting age on Nov. 1, 1968, and voting by less than 50 per centum of such persons in the presidential election of November 1968. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by section 2(a), (c) of Pub. L. 97–205 effec- tive June 29, 1982, see section 6 of Pub. L. 97–205, set out as a note under section 10301 of this title. Pub. L. 97–205, § 2(b), June 29, 1982, 96 Stat. 131, pro- vided that the amendment made by that section is ef- fective on and after Aug. 5, 1984. § 10304. Alteration of voting qualifications; proce- dure and appeal; purpose or effect of dimin- ishing the ability of citizens to elect their preferred candidates (a) Whenever a State or political subdivision with respect to which the prohibitions set forth in section 10303(a) of this title based upon deter- minations made under the first sentence of sec- tion 10303(b) of this title 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 based upon deter- minations made under the second sentence of section 10303(b) of this title are in effect shall enact or seek to administer any voting quali- fication or prerequisite to voting, or standard, practice, or procedure with respect to voting dif- ferent from that in force or effect on November 1, 1968, or whenever a State or political subdivi- sion with respect to which the prohibitions set forth in section 10303(a) of this title based upon determinations made under the third sentence of section 10303(b) of this title are in effect shall enact or seek to administer any voting quali- fication or prerequisite to voting, or standard, practice, or procedure with respect to voting dif- ferent 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 judg- ment 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, and un- less and until the court enters such judgment no person shall be denied the right to vote for fail- ure to comply with such qualification, pre- requisite, standard, practice, or procedure: Pro- vided, 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 sub- division to the Attorney General and the Attor- ney General has not interposed an objection within sixty days after such submission, or upon good cause shown, to facilitate an expedited ap- proval within sixty days after such submission, the Attorney General has affirmatively indi- cated that such objection will not be made. Nei- ther an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General’s failure to object, nor a de- claratory judgment entered under this section shall bar a subsequent action to enjoin enforce- ment of such qualification, prerequisite, stand- ard, practice, or procedure. In the event the At- torney General affirmatively indicates that no objection will be made within the sixty-day pe- riod following receipt of a submission, the At- torney General may reserve the right to reexam- ine the submission if additional information comes to his attention during the remainder of the sixty-day period which would otherwise re- quire objection in accordance with this section. Any action under this section shall be heard and determined by a court of three judges in accord- ance with the provisions of section 2284 of title 28 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, 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 discrimina- tory purpose. (d) The purpose of subsection (b) of this sec- tion is to protect the ability of such citizens to elect their preferred candidates of choice.