52 U.S.C. § 10101 — Voting rights

Page 3 TITLE 52—VOTING AND ELECTIONS § 10101 DISPOSITION TABLE—CONTINUED Title 42 Former Classification Title 52 New Classification 15301 note (Pub. L. 107–252, § 1(a), Oct. 29, 2002, 116 Stat. 1666). 10101 note 15302 ........................................ 20902 15302 note (Pub. L. 111–8, div. D, title VI, § 625(b), Mar. 11, 2009, 123 Stat. 678). 20902 note 15302 note (Pub. L. 110–28, title VI, § 6301(b), May 25, 2007, 121 Stat. 171). 20902 note 15303 ........................................ 20903 15304 ........................................ 20904 15305 ........................................ 20905 15306 ........................................ 20906 15321 ........................................ 20921 15322 ........................................ 20922 15323 ........................................ 20923 15324 ........................................ 20924 15325 ........................................ 20925 15326 ........................................ 20926 15327 ........................................ 20927 15328 ........................................ 20928 15329 ........................................ 20929 15330 ........................................ 20930 15341 ........................................ 20941 15342 ........................................ 20942 15343 ........................................ 20943 15344 ........................................ 20944 15345 ........................................ 20945 15346 ........................................ 20946 15361 ........................................ 20961 15362 ........................................ 20962 15371 ........................................ 20971 15381 ........................................ 20981 15381 note (Pub. L. 110–161, div. D, title V, § 501, Dec. 26, 2007, 121 Stat. 1997). 20981 note 15382 ........................................ 20982 15383 ........................................ 20983 15384 ........................................ 20984 15385 ........................................ 20985 15386 ........................................ 20986 15387 ........................................ 20987 15401 ........................................ 21001 15402 ........................................ 21002 15403 ........................................ 21003 15404 ........................................ 21004 15405 ........................................ 21005 15406 ........................................ 21006 15407 ........................................ 21007 15408 ........................................ 21008 15421 ........................................ 21021 15422 ........................................ 21022 15423 ........................................ 21023 15424 ........................................ 21024 15425 ........................................ 21025 15441 ........................................ 21041 15442 ........................................ 21042 15443 ........................................ 21043 15451 ........................................ 21051 15452 ........................................ 21052 15453 ........................................ 21053 15461 ........................................ 21061 15462 ........................................ 21062 15471 ........................................ 21071 15472 ........................................ 21072 15481 ........................................ 21081 15482 ........................................ 21082 15483 ........................................ 21083 15484 ........................................ 21084 15485 ........................................ 21085 15501 ........................................ 21101 15502 ........................................ 21102 15511 ........................................ 21111 15512 ........................................ 21112 15521 ........................................ 21121 15522 ........................................ 21122 15523 ........................................ 21123 15531 ........................................ 21131 15532 ........................................ 21132 15533 ........................................ 21133 15534 ........................................ 21134 15541 ........................................ 21141 15542 ........................................ 21142 15543 ........................................ 21143 15544 ........................................ 21144 15545 ........................................ 21145 Subtitle I—Voting Rights CHAPTER 101—GENERALLY Sec. 10101. Voting rights. 10102. Interference with freedom of elections. § 10101. Voting rights (a) Race, color, or previous condition not to af- fect right to vote; uniform standards for vot- ing qualifications; errors or omissions from papers; literacy tests; agreements between Attorney General and State or local authori- ties; definitions (1) All citizens of the United States who are otherwise qualified by law to vote at any elec- tion by the people in any State, Territory, dis- trict, county, city, parish, township, school dis- trict, municipality, or other territorial subdivi- sion, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its au- thority, to the contrary notwithstanding. (2) No person acting under color of law shall— (A) in determining whether any individual is qualified under State law or laws to vote in any election, apply any standard, practice, or procedure different from the standards, prac- tices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote; (B) deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any applica- tion, registration, or other act requisite to voting, if such error or omission is not mate- rial in determining whether such individual is qualified under State law to vote in such elec- tion; or (C) employ any literacy test as a qualifica- tion for voting in any election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a cer- tified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his re- quest made within the period of time during which records and papers are required to be re- tained and preserved pursuant to title III of the Civil Rights Act of 1960 [52 U.S.C. 20701 et seq.]: Provided, however, That the Attorney General may enter into agreements with ap- propriate State or local authorities that prep- aration, conduct, and maintenance of such tests in accordance with the provisions of ap- plicable State or local law, including such spe- cial provisions as are necessary in the prepara- tion, conduct, and maintenance of such tests for persons who are blind or otherwise phys- ically handicapped, meet the purposes of this subparagraph and constitute compliance therewith. (3) For purposes of this subsection— (A) the term ‘‘vote’’ shall have the same meaning as in subsection (e) of this section; (B) the phrase ‘‘literacy test’’ includes any test of the ability to read, write, understand, or interpret any matter. (b) Intimidation, threats, or coercion No person, whether acting under color of law or otherwise, shall intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce Page 4 TITLE 52—VOTING AND ELECTIONS § 10101 any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any can- didate for the office of President, Vice Presi- dent, presidential elector, Member of the Sen- ate, or Member of the House of Representatives, Delegates or Commissioners from the Terri- tories or possessions, at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such can- didate. (c) Preventive relief; injunction; rebuttable lit- eracy presumption; liability of United States for costs; State as party defendant Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice which would deprive any other person of any right or privilege secured by subsection (a) or (b), the At- torney General may institute for the United States, or in the name of the United States, a civil action or other proper proceeding for pre- ventive relief, including an application for a per- manent or temporary injunction, restraining order, or other order. If in any such proceeding literacy is a relevant fact there shall be a rebut- table presumption that any person who has not been adjudged an incompetent and who has com- pleted the sixth grade in a public school in, or a private school accredited by, any State or terri- tory, the District of Columbia, or the Common- wealth of Puerto Rico where instruction is car- ried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any election. In any proceeding hereunder the United States shall be liable for costs the same as a private person. Whenever, in a proceeding instituted under this subsection any official of a State or subdivision thereof is alleged to have committed any act or practice constituting a deprivation of any right or privilege secured by subsection (a), the act or practice shall also be deemed that of the State and the State may be joined as a party defend- ant and, if, prior to the institution of such pro- ceeding, such official has resigned or has been relieved of his office and no successor has as- sumed such office, the proceeding may be insti- tuted against the State. (d) Jurisdiction; exhaustion of other remedies 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 the party aggrieved shall have exhausted any administrative or other remedies that may be provided by law. (e) Order qualifying person to vote; application; hearing; voting referees; transmittal of re- port and order; certificate of qualification; definitions In any proceeding instituted pursuant to sub- section (c) in the event the court finds that any person has been deprived on account of race or color of any right or privilege secured by sub- section (a), the court shall upon request of the Attorney General and after each party has been given notice and the opportunity to be heard make a finding whether such deprivation was or is pursuant to a pattern or practice. If the court finds such pattern or practice, any person of such race or color resident within the affected area shall, for one year and thereafter until the court subsequently finds that such pattern or practice has ceased, be entitled, upon his appli- cation therefor, to an order declaring him quali- fied to vote, upon proof that at any election or elections (1) he is qualified under State law to vote, and (2) he has since such finding by the court been (a) deprived of or denied under color of law the opportunity to register to vote or oth- erwise to qualify to vote, or (b) found not quali- fied to vote by any person acting under color of law. Such order shall be effective as to any elec- tion held within the longest period for which such applicant could have been registered or otherwise qualified under State law at which the applicant’s qualifications would under State law entitle him to vote. Notwithstanding any inconsistent provision of State law or the action of any State officer or court, an applicant so declared qualified to vote shall be permitted to vote in any such election. The Attorney General shall cause to be trans- mitted certified copies of such order to the ap- propriate election officers. The refusal by any such officer with notice of such order to permit any person so declared qualified to vote to vote at an appropriate election shall constitute con- tempt of court. An application for an order pursuant to this subsection shall be heard within ten days, and the execution of any order disposing of such ap- plication shall not be stayed if the effect of such stay would be to delay the effectiveness of the order beyond the date of any election at which the applicant would otherwise be enabled to vote. The court may appoint one or more persons who are qualified voters in the judicial district, to be known as voting referees, who shall sub- scribe to the oath of office required by section 3331 of title 5, to serve for such period as the court shall determine, to receive such applica- tions and to take evidence and report to the court findings as to whether or not at any elec- tion or elections (1) any such applicant is quali- fied under State law to vote, and (2) he has since the finding by the court heretofore specified been (a) deprived of or denied under color of law the opportunity to register to vote or otherwise to qualify to vote, or (b) found not qualified to vote by any person acting under color of law. In a proceeding before a voting referee, the appli- cant shall be heard ex parte at such times and places as the court shall direct. His statement under oath shall be prima facie evidence as to his age, residence, and his prior efforts to reg- ister or otherwise qualify to vote. Where proof of literacy or an understanding of other subjects is required by valid provisions of State law, the answer of the applicant, if written, shall be in- cluded in such report to the court; if oral, it shall be taken down stenographically and a transcription included in such report to the court. Upon receipt of such report, the court shall cause the Attorney General to transmit a copy thereof to the State attorney general and to each party to such proceeding together with an Page 5 TITLE 52—VOTING AND ELECTIONS § 10101 order to show cause within ten days, or such shorter time as the court may fix, why an order of the court should not be entered in accordance with such report. Upon the expiration of such period, such order shall be entered unless prior to that time there has been filed with the court and served upon all parties a statement of ex- ceptions to such report. Exceptions as to mat- ters of fact shall be considered only if supported by a duly verified copy of a public record or by affidavit of persons having personal knowledge of such facts or by statements or matters con- tained in such report; those relating to matters of law shall be supported by an appropriate memorandum of law. The issues of fact and law raised by such exceptions shall be determined by the court or, if the due and speedy administra- tion of justice requires, they may be referred to the voting referee to determine in accordance with procedures prescribed by the court. A hear- ing as to an issue of fact shall be held only in the event that the proof in support of the excep- tion disclose the existence of a genuine issue of material fact. The applicant’s literacy and un- derstanding of other subjects shall be deter- mined solely on the basis of answers included in the report of the voting referee. The court, or at its direction the voting ref- eree, shall issue to each applicant so declared qualified a certificate identifying the holder thereof as a person so qualified. Any voting referee appointed by the court pur- suant to this subsection shall to the extent not inconsistent herewith have all the powers con- ferred upon a master by rule 53(c) of the Federal Rules of Civil Procedure. The compensation to be allowed to any persons appointed by the court pursuant to this subsection shall be fixed by the court and shall be payable by the United States. Applications pursuant to this subsection shall be determined expeditiously. In the case of any application filed twenty or more days prior to an election which is undetermined by the time of such election, the court shall issue an order authorizing the applicant to vote provisionally: Provided, however, That such applicant shall be qualified to vote under State law. In the case of an application filed within twenty days prior to an election, the court, in its discretion, may make such an order. In either case the order shall make appropriate provision for the im- pounding of the applicant’s ballot pending deter- mination of the application. The court may take any other action, and may authorize such ref- eree or such other person as it may designate to take any other action, appropriate or necessary to carry out the provisions of this subsection and to enforce its decrees. This subsection shall in no way be construed as a limitation upon the existing powers of the court. When used in the subsection, the word ‘‘vote’’ includes all action necessary to make a vote ef- fective including, but not limited to, registra- tion or other action required by State law pre- requisite to voting, casting a ballot, and having such ballot counted and included in the appro- priate totals of votes cast with respect to can- didates for public office and propositions for which votes are received in an election; the words ‘‘affected area’’ shall mean any subdivi- sion of the State in which the laws of the State relating to voting are or have been to any extent administered by a person found in the pro- ceeding to have violated subsection (a); and the words ‘‘qualified under State law’’ shall mean qualified according to the laws, customs, or us- ages of the State, and shall not, in any event, imply qualifications more stringent than those used by the persons found in the proceeding to have violated subsection (a) in qualifying per- sons other than those of the race or color against which the pattern or practice of dis- crimination was found to exist. (f) Contempt; assignment of counsel; witnesses Any person cited for an alleged contempt under this Act shall be allowed to make his full defense by counsel learned in the law; and the court before which he is cited or tried, or some judge thereof, shall immediately, upon his re- quest, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall be al- lowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his wit- nesses to appear at his trial or hearing, as is usually granted to compel witnesses to appear on behalf of the prosecution. If such person shall be found by the court to be financially unable to provide for such counsel, it shall be the duty of the court to provide such counsel. (g) Three-judge district court: hearing, deter- mination, expedition of action, review by Su- preme Court; single-judge district court: hearing, determination, expedition of action In any proceeding instituted by the United States in any district court of the United States under this section in which the Attorney Gen- eral requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the Attorney General, at the time he files the complaint, or any defendant in the pro- ceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be convened to hear and determine the entire case. A copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the cir- cuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court. In any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attor- ney General nor any defendant files a request for a three-judge court in any proceeding au- Page 6 TITLE 52—VOTING AND ELECTIONS § 10101 thorized by this subsection, it shall be the duty of the chief judge of the district (or in his ab- sence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is avail- able to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or, in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case. It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. (R.S. § 2004; Pub. L. 85–315, pt. IV, § 131, Sept. 9, 1957, 71 Stat. 637; Pub. L. 86–449, title VI, § 601, May 6, 1960, 74 Stat. 90; Pub. L. 88–352, title I, § 101, July 2, 1964, 78 Stat. 241; Pub. L. 89–110, § 15, Aug. 6, 1965, 79 Stat. 445.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1960, referred to in subsec. (a)(2)(C), is Pub. L. 86–449, May 6, 1960, 74 Stat. 86. Title III of the Civil Rights Act of 1960 is classified generally to chapter 207 (§ 20701 et seq.) of this title. For complete classification of this Act to the Code, see Tables. Rule 53(c) of the Federal Rules of Civil Procedure, re- ferred to in subsec. (e), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure. This Act, referred to in subsec. (f), is Pub. L. 85–315, Sept. 9, 1957, 71 Stat. 634, which enacted sections 1975 to 1975e and 1995 of Title 42, The Public Health and Wel- fare, and section 295–1 of former Title 5, Executive De- partments and Government Officers and Employees, amended this section and sections 1343 and 1861 of Title 28, repealed section 1993 of Title 42, and enacted provi- sions set out as a note under section 1975 of Title 42. CODIFICATION Section was formerly classified to section 1971 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section, and to section 31 of Title 8, Aliens and Nationality. R.S. § 2004 derived from act May 31, 1870, ch. 114, § 1, 16 Stat. 140. In subsec. (e), ‘‘section 3331 of title 5’’ was substituted for ‘‘Revised Statutes, section 1757 (5 U.S.C. 16)’’ on au- thority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1965—Subsecs. (a), (c). Pub. L. 89–110, § 15(a), struck out ‘‘Federal’’ before ‘‘election’’ wherever appearing. Subsecs. (f) to (h). Pub. L. 89–110, § 15(b), redesignated subsecs. (g) and (h) as (f) and (g), respectively, and re- pealed former subsec. (f) which defined ‘‘Federal elec- tions’’. 1964—Subsec. (a). Pub. L. 88–352, § 101(a), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (c). Pub. L. 88–352, § 101(b), provided for a re- buttable literacy presumption when a person has not been adjudged an incompetent and has completed the sixth grade of his schooling. Subsecs. (f), (g). Pub. L. 88–352, § 101(c), added subsec. (f) and redesignated former subsec. (f) as (g). Subsec. (h). Pub. L. 88–352, § 101(d), added subsec. (h). 1960—Subsec. (c). Pub. L. 86–449, § 601(b), permitted the State to be joined as a party defendant in cases where officials of a State or subdivision thereof are al- leged to have committed acts or practices constituting a deprivation of any rights or privileges secured by sub- section (a) of this section, and authorized commence- ment of the proceeding against the State where an offi- cial has resigned or has been relieved of his office and no successor has assumed such office. Subsecs. (e), (f). Pub. L. 86–449, § 601(a), added subsec. (e) and redesignated former subsec. (e) as (f). 1957—Pub. L. 85–315, § 131, substituted ‘‘Voting rights’’ for ‘‘Race, color, or previous condition not to affect right to vote’’ in section catchline, designated existing provisions as subsec. (a), and added subsecs. (b) to (e). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–106, § 1, Oct. 4, 2024, 138 Stat. 1591, provided that: ‘‘This Act [enacting section 21083a of this title and amending sections 21084, 21085, and 21111 of this title] may be cited as the ‘Confirmation Of Congres- sional Observer Access Act of 2024’ or the ‘COCOA Act of 2024’.’’ SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–182, § 1, Sept. 30, 2022, 136 Stat. 2178, pro- vided that: ‘‘This Act [amending section 21061 of this title and enacting provisions set out as a note under section 21061 of this title] may be cited as the ‘Protec- tion and Advocacy for Voting Access Program Inclu- sion Act’ or the ‘PAVA Program Inclusion Act’.’’ SHORT TITLE OF 2009 ACT Pub. L. 111–84, div. A, title V, § 575, Oct. 28, 2009, 123 Stat. 2318, provided that: ‘‘This subtitle [subtitle H (§§ 575–589) of title V of div. A of Pub. L. 111–84, see Ta- bles for classification] may be cited as the ‘Military and Overseas Voter Empowerment Act’.’’ SHORT TITLE OF 2006 ACT Pub. L. 109–246, § 1, July 27, 2006, 120 Stat. 577, as amended by Pub. L. 110–258, § 1, July 1, 2008, 122 Stat. 2428, provided that: ‘‘This Act [see Tables for classifica- tion] may be cited as 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’.’’ SHORT TITLE OF 2002 ACT Pub. L. 107–252, § 1(a), Oct. 29, 2002, 116 Stat. 1666, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Help America Vote Act of 2002’.’’ Pub. L. 107–155, § 1(a), Mar. 27, 2002, 116 Stat. 81, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Bipartisan Campaign Reform Act of 2002’.’’ SHORT TITLE OF 1993 ACT Pub. L. 103–31, § 1, May 20, 1993, 107 Stat. 77, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘National Voter Registration Act of 1993’.’’ SHORT TITLE OF 1992 ACT Pub. L. 102–344, § 1, Aug. 26, 1992, 106 Stat. 921, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Voting Rights Language Assist- ance Act of 1992’.’’ SHORT TITLE OF 1986 ACT Pub. L. 99–410, § 1, Aug. 28, 1986, 100 Stat. 924, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Uniformed and Overseas Citizens Absentee Voting Act’.’’ SHORT TITLE OF 1984 ACT Pub. L. 98–435, § 1, Sept. 28, 1984, 98 Stat. 1678, provided that: ‘‘This Act [see Tables for classification] may be 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