52 U.S.C. § 10301 — Denial or abridgement of right to vote on

Page 7 TITLE 52—VOTING AND ELECTIONS § 10301 cited as the ‘Voting Accessibility for the Elderly and Handicapped Act’.’’ SHORT TITLE OF 1982 ACT Pub. L. 97–205, § 1, June 29, 1982, 96 Stat. 131, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Voting Rights Act Amendments of 1982’.’’ SHORT TITLE OF 1980 ACT Pub. L. 96–187, Jan. 8, 1980, 93 Stat. 1339, provided in part: ‘‘That this Act [see Tables for classification] may be cited as the ‘Federal Election Campaign Act Amend- ments of 1979’.’’ SHORT TITLE OF 1976 ACT Pub. L. 94–283, § 1, May 11, 1976, 90 Stat. 475, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Federal Election Campaign Act Amend- ments of 1976’.’’ SHORT TITLE OF 1975 ACT Pub. L. 94–203, § 1, Jan. 2, 1976, 89 Stat. 1142, which provided that Pub. L. 94–203 (see Tables for classifica- tion) was to be cited as ‘‘Overseas Citizens Voting Rights Act of 1975’’, was repealed by Pub. L. 99–410, title II, § 203, Aug. 28, 1986, 100 Stat. 930. SHORT TITLE OF 1974 ACT Pub. L. 93–443, Oct. 15, 1974, 88 Stat. 1263, provided in part: ‘‘That this Act [see Tables for classification] may be cited as the ‘Federal Election Campaign Act Amend- ments of 1974’.’’ SHORT TITLE OF 1972 ACT Pub. L. 92–225, Feb. 7, 1972, 86 Stat. 3, provided in part: ‘‘That this Act [see Tables for classification] may be cited as the ‘Federal Election Campaign Act of 1971’.’’ SHORT TITLE OF 1970 ACT Pub. L. 91–285, § 1, June 22, 1970, 84 Stat. 314, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Voting Rights Act Amendments of 1970’.’’ SHORT TITLE OF 1965 ACT Pub. L. 89–110, § 1, Aug. 6, 1965, 79 Stat. 437, provided that: ‘‘This Act [see Tables for classification] shall be known as the ‘Voting Rights Act of 1965’.’’ SHORT TITLE OF 1960 ACT Pub. L. 86–449, § 1, May 6, 1960, 74 Stat. 86, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Civil Rights Act of 1960’.’’ SHORT TITLE OF 1957 ACT Pub. L. 85–315, pt. V, § 161, Sept. 9, 1957, 71 Stat. 638, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Civil Rights Act of 1957’.’’ SHORT TITLE OF 1955 ACT Act Aug. 9, 1955, ch. 656, § 1, 69 Stat. 584, which pro- vided that such Act (see Tables for classification) was to be cited as ‘‘The Federal Voting Assistance Act of 1955’’, was repealed by Pub. L. 99–410, title II, § 203, Aug. 28, 1986, 100 Stat. 930. SEPARABILITY Pub. L. 86–449, title VII, § 701, May 6, 1960, 74 Stat. 92, provided that: ‘‘If any provisions of this Act [see Short Title of 1960 Act note above] is held invalid, the re- mainder of this Act shall not be affected thereby.’’ VOTER REGISTRATION DRIVES Pub. L. 98–473, title I, § 101(j), Oct. 12, 1984, 98 Stat. 1963, provided that: ‘‘It is the sense of the Congress that— ‘‘(1) voter registration drives should be encouraged by governmental entities at all levels; and ‘‘(2) voter registration drives conducted by State governments on a nonpartisan basis do not violate the provisions of the Intergovernmental Personnel Act (42 U.S.C. 4728, 4763).’’ § 10102. Interference with freedom of elections No officer of the Army, Navy, or Air Force of the United States shall prescribe or fix, or at- tempt to prescribe or fix, by proclamation, order, or otherwise, the qualifications of voters in any State, or in any manner interfere with the freedom of any election in any State, or with the exercise of the free right of suffrage in any State. (R.S. § 2003.) Editorial Notes CODIFICATION Section was formerly classified to section 1972 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section, and to section 32 of Title 8, Aliens and Nationality. R.S. § 2003 derived from act Feb. 25, 1865, ch. 52, § 1, 13 Stat. 437. Air Force inserted to conform to act July 26, 1947, ch. 343, title II, § 207(a), (f), 61 Stat. 502, which established a separate Department of the Air Force, and Secretary of Defense Transfer Order No. 40 [App. A(10)], July 22, 1949, which transferred certain functions to the Air Force. Section 207(a), (f) of act July 26, 1947, was re- pealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Act Aug. 10, 1956, ch. 1041, 70A Stat. 1, enacted ‘‘Title 10, Armed Forces’’, which in sections 8010 to 8013 continued Department of the Air Force under administrative su- pervision of Secretary of the Air Force. CHAPTER 103—ENFORCEMENT OF VOTING RIGHTS Sec. 10301. Denial or abridgement of right to vote on ac- count of race or color through voting quali- fications or prerequisites; establishment of violation. 10302. Proceeding to enforce the right to vote. 10303. Suspension of the use of tests or devices in determining eligibility to vote. 10304. Alteration of voting qualifications; procedure and appeal; purpose or effect of diminishing the ability of citizens to elect their pre- ferred candidates. 10305. Use of observers. 10306. Poll taxes. 10307. Prohibited acts. 10308. Civil and criminal sanctions. 10309. Termination of assignment of observers. 10310. Enforcement proceedings. 10311. Impairment of voting rights of persons hold- ing current registration. 10312. Authorization of appropriations. 10313. Separability. 10314. Construction. § 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 de- nial 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 Page 8 TITLE 52—VOTING AND ELECTIONS § 10301 forth in section 10303(f)(2) of this title, as pro- vided 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 participa- tion by members of a class of citizens protected by subsection (a) in that its members have less opportunity than other members of the elec- torate to participate in the political process and to elect representatives of their choice. The ex- tent 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 sec- tion establishes a right to have members of a protected class elected in numbers equal to their proportion in the population. (Pub. L. 89–110, title I, § 2, Aug. 6, 1965, 79 Stat. 437; 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. 97–205, § 3, June 29, 1982, 96 Stat. 134.) Editorial Notes CODIFICATION Section was formerly classified to section 1973 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 1982—Pub. L. 97–205 redesignated existing provisions as subsec. (a), struck out the comma after ‘‘voting’’, substituted ‘‘in a manner which results in a denial or abridgement of’’ for ‘‘to deny or abridge’’, inserted ‘‘, as provided in subsection (b)’’ after ‘‘in contraven- tion of the guarantees set forth in section 1973b(f)(2) of this title’’, and added subsec. (b). 1975—Pub. L. 94–73 substituted ‘‘race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title’’ for ‘‘race or color’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–205, § 6, June 29, 1982, 96 Stat. 135, provided that: ‘‘Except as otherwise provided in this Act [see Ta- bles for classification], the amendments made by this Act shall take effect on the date of the enactment of this Act [June 29, 1982].’’ SEPARABILITY Pub. L. 94–73, title II, § 208, Aug. 6, 1975, 89 Stat. 402, provided that: ‘‘If any amendments made by this Act [see Tables for classification] or the application of any provision thereof to any person or circumstance is judi- cially determined to be invalid, the remainder of the Voting Rights Act of 1965 [this chapter and chapters 105 and 107 of this title], or the application of such provi- sion to other persons or circumstances shall not be af- fected by such determination.’’ CONGRESSIONAL PURPOSE AND FINDINGS Pub. L. 109–246, § 2, July 27, 2006, 120 Stat. 577, pro- vided that: ‘‘(a) PURPOSE.—The purpose of this Act [see Tables for classification] is to ensure that the right of all citi- zens to vote, including the right to register to vote and cast meaningful votes, is preserved and protected as guaranteed by the Constitution. ‘‘(b) FINDINGS.—The Congress finds the following: ‘‘(1) Significant progress has been made in elimi- nating first generation barriers experienced by mi- nority voters, including increased numbers of reg- istered minority voters, minority voter turnout, and minority representation in Congress, State legisla- tures, and local elected offices. This progress is the direct result of the Voting Rights Act of 1965 [this chapter and chapters 105 and 107 of this title]. ‘‘(2) However, vestiges of discrimination in voting continue to exist as demonstrated by second genera- tion barriers constructed to prevent minority voters from fully participating in the electoral process. ‘‘(3) The continued evidence of racially polarized voting in each of the jurisdictions covered by the ex- piring provisions of the Voting Rights Act of 1965 demonstrates that racial and language minorities re- main politically vulnerable, warranting the contin- ued protection of the Voting Rights Act of 1965. ‘‘(4) Evidence of continued discrimination in- cludes— ‘‘(A) the hundreds of objections interposed, re- quests for more information submitted followed by voting changes withdrawn from consideration by jurisdictions covered by the Voting Rights Act of 1965, and section 5 [52 U.S.C. 10304] enforcement ac- tions undertaken by the Department of Justice in covered jurisdictions since 1982 that prevented elec- tion practices, such as annexation, at-large voting, and the use of multi-member districts, from being enacted to dilute minority voting strength; ‘‘(B) the number of requests for declaratory judg- ments denied by the United States District Court for the District of Columbia; ‘‘(C) the continued filing of section 2 [52 U.S.C. 10301] cases that originated in covered jurisdictions; and ‘‘(D) the litigation pursued by the Department of Justice since 1982 to enforce sections 4(e), 4(f)(4), and 203 of such Act [52 U.S.C. 10303(e), (f)(4), 10503] to ensure that all language minority citizens have full access to the political process. ‘‘(5) The evidence clearly shows the continued need for Federal oversight in jurisdictions covered by the Voting Rights Act of 1965 since 1982, as demonstrated in the counties certified by the Attorney General for Federal examiner and observer coverage and the tens of thousands of Federal observers that have been dis- patched to observe elections in covered jurisdictions. ‘‘(6) The effectiveness of the Voting Rights Act of 1965 has been significantly weakened by the United States Supreme Court decisions in Reno v. Bossier Parish II and Georgia v. Ashcroft, which have mis- construed Congress’ original intent in enacting the Voting Rights Act of 1965 and narrowed the protec- tions afforded by section 5 of such Act [52 U.S.C. 10304]. ‘‘(7) Despite the progress made by minorities under the Voting Rights Act of 1965, the evidence before Congress reveals that 40 years has not been a suffi- cient amount of time to eliminate the vestiges of dis- crimination following nearly 100 years of disregard for the dictates of the 15th amendment and to ensure that the right of all citizens to vote is protected as guaranteed by the Constitution. ‘‘(8) Present day discrimination experienced by ra- cial and language minority voters is contained in evi- dence, including the objections interposed by the De- partment of Justice in covered jurisdictions; the sec- tion 2 [52 U.S.C. 10301] litigation filed to prevent dilu- tive techniques from adversely affecting minority voters; the enforcement actions filed to protect lan- guage minorities; and the tens of thousands of Fed- eral observers dispatched to monitor polls in jurisdic- tions covered by the Voting Rights Act of 1965. ‘‘(9) The record compiled by Congress demonstrates that, without the continuation of the Voting Rights Act of 1965 protections, racial and language minority citizens will be deprived of the opportunity to exer- cise their right to vote, or will have their votes di- Page 9 TITLE 52—VOTING AND ELECTIONS § 10302 1 See References in Text note below. luted, undermining the significant gains made by mi- norities in the last 40 years.’’ § 10302. Proceeding to enforce the right to vote (a) Authorization by court for appointment of Federal observers Whenever the Attorney General or an ag- grieved person institutes a proceeding under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any State or political subdivision the court shall authorize the appointment of Federal observers by the Di- rector of the Office of Personnel Management in accordance with section 1973d 1 of title 42 to serve for such period of time and for such polit- ical subdivisions as the court shall determine is appropriate to enforce the voting guarantees of the fourteenth or fifteenth amendment (1) as part of any interlocutory order if the court de- termines that the appointment of such observers is necessary to enforce such voting guarantees or (2) as part of any final judgment if the court finds that violations of the fourteenth or fif- teenth amendment justifying equitable relief have occurred in such State or subdivision: Pro- vided, That the court need not authorize the ap- pointment of observers if any incidents of denial or abridgement of the right to vote on account of race or color, or in contravention of the vot- ing guarantees set forth in section 10303(f)(2) of this title (1) 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 probability of their recurrence in the future. (b) Suspension of use of tests and devices which deny or abridge the right to vote If in a proceeding instituted by the Attorney General or an aggrieved person under any stat- ute to enforce the voting guarantees of the four- teenth or fifteenth amendment in any State or political subdivision the court finds that a test or device has been used for the purpose or with the effect of denying or abridging the right of any citizen of the United States to vote on ac- count of race or color, or in contravention of the voting guarantees set forth in section 10303(f)(2) of this title, it shall suspend the use of tests and devices in such State or political subdivisions as the court shall determine is appropriate and for such period as it deems necessary. (c) Retention of jurisdiction to prevent com- mencement of new devices to deny or abridge the right to vote If in any proceeding instituted by the Attor- ney General or an aggrieved person under any statute to enforce the voting guarantees of the fourteenth or fifteenth amendment in any State or political subdivision the court finds that vio- lations of the fourteenth or fifteenth amend- ment justifying equitable relief have occurred within the territory of such State or political subdivision, the court, in addition to such relief as it may grant, shall retain jurisdiction for such period as it may deem appropriate and dur- ing such period no voting qualification or pre- requisite to voting or standard, practice, or pro- cedure with respect to voting different from that in force or effect at the time the proceeding was commenced shall be enforced unless and until the court finds that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the voting guarantees set forth in section 10303(f)(2) of this title: Provided, That such quali- fication, prerequisite, standard, practice, or pro- cedure may be enforced if the qualification, pre- requisite, 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, except that neither the court’s finding nor the Attor- ney General’s failure to object shall bar a subse- quent action to enjoin enforcement of such qual- ification, prerequisite, standard, practice, or procedure. (Pub. L. 89–110, title I, § 3, Aug. 6, 1965, 79 Stat. 437; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94–73, title II, §§ 205, 206, title IV, §§ 401, 410, Aug. 6, 1975, 89 Stat. 402, 404, 406; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 109–246, § 3(d)(1), July 27, 2006, 120 Stat. 580.) Editorial Notes REFERENCES IN TEXT Section 1973d of title 42, referred to in subsec. (a), was repealed by Pub. L. 109–246, § 3(c), July 27, 2006, 120 Stat. 580. CODIFICATION Section was formerly classified to section 1973a 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 substituted ‘‘observ- ers’’ for ‘‘examiners’’ wherever appearing. 1975—Subsec. (a). Pub. L. 94–73 inserted reference to fourteenth amendment in three places, and substituted ‘‘voting guarantees’’ for ‘‘guarantees’’ in three places, ‘‘Attorney General or an aggrieved person’’ for ‘‘Attor- ney General’’, and ‘‘on account of race or color or in contravention of the voting guarantees set forth in sec- tion 1973b(f)(2) of this title’’ for ‘‘on account of race or color’’. Subsec. (b). Pub. L. 94–73 substituted ‘‘Attorney Gen- eral or an aggrieved person under any statute to en- force the voting guarantees of the fourteenth or fif- teenth amendment’’ for ‘‘Attorney General under any statute to enforce the guarantees of the fifteenth amendment’’, and ‘‘on account of race or color, or in contravention of the voting guarantees set forth in sec- tion 1973b(f)(2) of this title’’ for ‘‘on account of race or color’’. Subsec. (c). Pub. L. 94–73 substituted ‘‘Attorney Gen- eral or an aggrieved person under any statute to en- force the voting guarantees of the fourteenth or fif- teenth amendment in any State or political subdivision the court finds that violations of the fourteenth or fif- teenth amendment’’ for ‘‘Attorney General under any statute to enforce the guarantees of the fifteenth