52 U.S.C. § 20510 — Civil enforcement and private right of

Page 48 TITLE 52—VOTING AND ELECTIONS § 20508 Section is comprised of section 8 of Pub. L. 103–31. Subsec. (h) of section 8 of Pub. L. 103–31 enacted section 3629 of Title 39, Postal Service, and amended sections 2401 and 3627 of Title 39. AMENDMENTS 2002—Subsec. (b)(2). Pub. L. 107–252 inserted before pe- riod at end ‘‘, except that nothing in this paragraph may be construed to prohibit a State from using the procedures described in subsections (c) and (d) to re- move an individual from the official list of eligible vot- ers if the individual— ‘‘(A) has not either notified the applicable registrar (in person or in writing) or responded during the pe- riod described in subparagraph (B) to the notice sent by the applicable registrar; and then ‘‘(B) has not voted or appeared to vote in 2 or more consecutive general elections for Federal office’’. § 20508. Federal coordination and regulations (a) In general The Election Assistance Commission— (1) in consultation with the chief election of- ficers of the States, shall prescribe such regu- lations as are necessary to carry out para- graphs (2) and (3); (2) in consultation with the chief election of- ficers of the States, shall develop a mail voter registration application form for elections for Federal office; (3) not later than June 30 of each odd-num- bered year, shall submit to the Congress a re- port assessing the impact of this chapter on the administration of elections for Federal of- fice during the preceding 2-year period and in- cluding recommendations for improvements in Federal and State procedures, forms, and other matters affected by this chapter; and (4) shall provide information to the States with respect to the responsibilities of the States under this chapter. (b) Contents of mail voter registration form The mail voter registration form developed under subsection (a)(2)— (1) may require only such identifying infor- mation (including the signature of the appli- cant) and other information (including data relating to previous registration by the appli- cant), as is necessary to enable the appro- priate State election official to assess the eli- gibility of the applicant and to administer voter registration and other parts of the elec- tion process; (2) shall include a statement that— (A) specifies each eligibility requirement (including citizenship); (B) contains an attestation that the appli- cant meets each such requirement; and (C) requires the signature of the applicant, under penalty of perjury; (3) may not include any requirement for no- tarization or other formal authentication; and (4) shall include, in print that is identical to that used in the attestation portion of the ap- plication— (i) the information required in section 20507(a)(5)(A) and (B) of this title; (ii) a statement that, if an applicant de- clines to register to vote, the fact that the applicant has declined to register will re- main confidential and will be used only for voter registration purposes; and (iii) a statement that if an applicant does register to vote, the office at which the ap- plicant submits a voter registration applica- tion will remain confidential and will be used only for voter registration purposes. (Pub. L. 103–31, § 9, May 20, 1993, 107 Stat. 87; Pub. L. 107–252, title VIII, § 802(b), Oct. 29, 2002, 116 Stat. 1726.) Editorial Notes CODIFICATION Section was formerly classified to section 1973gg–7 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–252 substituted ‘‘Elec- tion Assistance Commission’’ for ‘‘Federal Election Commission’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–252 effective upon appoint- ment of all members of the Election Assistance Com- mission under section 20923 of this title, see section 21134(a) of this title. § 20509. Designation of chief State election offi- cial Each State shall designate a State officer or employee as the chief State election official to be responsible for coordination of State respon- sibilities under this chapter. (Pub. L. 103–31, § 10, May 20, 1993, 107 Stat. 87.) Editorial Notes CODIFICATION Section was formerly classified to section 1973gg–8 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20510. Civil enforcement and private right of action (a) Attorney General The Attorney General may bring a civil action in an appropriate district court for such declara- tory 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 ag- grieved person may bring a civil action in an ap- propriate district court for declaratory or in- junctive relief with respect to the violation. (3) If the violation occurred within 30 days be- fore 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). Page 49 TITLE 52—VOTING AND ELECTIONS § 20702 (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, includ- ing 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 et seq.) [now 52 U.S.C. 10301 et seq.]. (2) Nothing in this chapter authorizes or re- quires conduct that is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.]. (Pub. L. 103–31, § 11, May 20, 1993, 107 Stat. 88.) Editorial Notes REFERENCES IN TEXT The Voting Rights Act of 1965, referred to in subsec. (d), is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437, which is classified generally to chapters 103 (§ 10301 et seq.), 105 (§ 10501 et seq.), and 107 (§ 10701 et seq.) of this title. For complete classification of this Act to the Code, see Ta- bles. CODIFICATION Section was formerly classified to section 1973gg–9 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20511. Criminal penalties A person, including an election official, who in any election for Federal office— (1) knowingly and willfully intimidates, threatens, or coerces, or attempts to intimi- date, threaten, or coerce, any person for— (A) registering to vote, or voting, or at- tempting to register or vote; (B) urging or aiding any person to register to vote, to vote, or to attempt to register or vote; or (C) exercising any right under this chap- ter; or (2) knowingly and willfully deprives, de- frauds, or attempts to deprive or defraud the residents of a State of a fair and impartially conducted election process, by— (A) the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held; or (B) the procurement, casting, or tabula- tion of ballots that are known by the person to be materially false, fictitious, or fraudu- lent under the laws of the State in which the election is held, shall be fined in accordance with title 18 (which fines shall be paid into the general fund of the Treasury, miscellaneous receipts (pursuant to section 3302 of title 31), notwithstanding any other law), or imprisoned not more than 5 years, or both. (Pub. L. 103–31, § 12, May 20, 1993, 107 Stat. 88.) Editorial Notes CODIFICATION Section was formerly classified to section 1973gg–10 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. CHAPTER 207—FEDERAL ELECTION RECORDS Sec. 20701. Retention and preservation of records and pa- pers by officers of elections; deposit with custodian; penalty for violation. 20702. Theft, destruction, concealment, mutilation, or alteration of records or papers; penalties. 20703. Demand for records or papers by Attorney General or representative; statement of basis and purpose. 20704. Disclosure of records or papers. 20705. Jurisdiction to compel production of records or papers. 20706. ‘‘Officer of election’’ defined. § 20701. Retention and preservation of records and papers by officers of elections; deposit with custodian; penalty for violation Every officer of election shall retain and pre- serve, for a period of twenty-two months from the date of any general, special, or primary elec- tion of which candidates for the office of Presi- dent, Vice President, presidential elector, Mem- ber of the Senate, Member of the House of Rep- resentatives, or Resident Commissioner from the Commonwealth of Puerto Rico are voted for, all records and papers which come into his pos- session relating to any application, registration, payment of poll tax, or other act requisite to voting in such election, except that, when re- quired by law, such records and papers may be delivered to another officer of election and ex- cept that, if a State or the Commonwealth of Puerto Rico designates a custodian to retain and preserve these records and papers at a specified place, then such records and papers may be de- posited with such custodian, and the duty to re- tain and preserve any record or paper so depos- ited shall devolve upon such custodian. Any offi- cer of election or custodian who willfully fails to comply with this section shall be fined not more than $1,000 or imprisoned not more than one year, or both. (Pub. L. 86–449, title III, § 301, May 6, 1960, 74 Stat. 88.) Editorial Notes CODIFICATION Section was formerly classified to section 1974 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20702. Theft, destruction, concealment, mutila- tion, or alteration of records or papers; pen- alties Any person, whether or not an officer of elec- tion or custodian, who willfully steals, destroys, conceals, mutilates, or alters any record or paper required by section 20701 of this title to be retained and preserved shall be fined not more than $1,000 or imprisoned not more than one year, or both. (Pub. L. 86–449, title III, § 302, May 6, 1960, 74 Stat. 88.)