52 U.S.C. § 10314 — Construction

Page 19 TITLE 52—VOTING AND ELECTIONS § 10314 and having such ballot counted properly and in- cluded in the appropriate totals of votes cast with respect to candidates for public or party of- fice and propositions for which votes are re- ceived in an election. (2) The term ‘‘political subdivision’’ shall mean any county or parish, except that where registration for voting is not conducted under the supervision of a county or parish, the term shall include any other subdivision of a State which conducts registration for voting. (3) The term ‘‘language minorities’’ or ‘‘lan- guage minority group’’ means persons who are American Indian, Asian American, Alaskan Na- tives or of Spanish heritage. (d) Subpenas In any action for a declaratory judgment brought pursuant to section 10303 or 10304 of this title, subpenas for witnesses who are required to attend the District Court for the District of Co- lumbia may be served in any judicial district of the United States: Provided, That no writ of sub- pena shall issue for witnesses without the Dis- trict of Columbia at a greater distance than one hundred miles from the place of holding court without the permission of the District Court for the District of Columbia being first had upon proper application and cause shown. (e) Attorney’s fees In any action or proceeding to enforce the vot- ing guarantees of the fourteenth or fifteenth amendment, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, rea- sonable expert fees, and other reasonable litiga- tion expenses as part of the costs. (Pub. L. 89–110, title I, § 14, Aug. 6, 1965, 79 Stat. 445; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94–73, title II, § 207, title IV, § 402, Aug. 6, 1975, 89 Stat. 402, 404; Pub. L. 109–246, §§ 3(e)(3), 6, July 27, 2006, 120 Stat. 580, 581.) Editorial Notes CODIFICATION Section was formerly classified to section 1973l of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2006—Subsec. (b). Pub. L. 109–246, § 3(e)(3), struck out ‘‘or a court of appeals in any proceeding under section 1973g of this title’’ after ‘‘District of Columbia’’. Subsec. (e). Pub. L. 109–246, § 6, inserted ‘‘, reasonable expert fees, and other reasonable litigation expenses’’ after ‘‘reasonable attorney’s fee’’. 1975—Subsec. (c)(3). Pub. L. 94–73, § 207, added par. (3). Subsec. (e). Pub. L. 94–73, § 402, added subsec. (e). § 10311. Impairment of voting rights of persons holding current registration Nothing in chapters 103 to 107 of this title shall be construed to deny, impair, or otherwise adversely affect the right to vote of any person registered to vote under the law of any State or political subdivision. (Pub. L. 89–110, title I, § 17, Aug. 6, 1965, 79 Stat. 446; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314.) Editorial Notes CODIFICATION Section was formerly classified to section 1973n of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10312. Authorization of appropriations There are hereby authorized to be appro- priated such sums as are necessary to carry out the provisions of chapters 103 to 107 of this title. (Pub. L. 89–110, title I, § 18, Aug. 6, 1965, 79 Stat. 446; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314.) Editorial Notes CODIFICATION Section was formerly classified to section 1973o of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10313. Separability If any provision of chapters 103 to 107 of this title or the application thereof to any person or circumstances is held invalid, the remainder of chapters 103 to 107 of this title and the applica- tion of the provision to other persons not simi- larly situated or to other circumstances shall not be affected thereby. (Pub. L. 89–110, title I, § 19, Aug. 6, 1965, 79 Stat. 446; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314.) Editorial Notes CODIFICATION Section was formerly classified to section 1973p of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10314. Construction A reference in this chapter to the effective date of the amendments made by, or the date of the enactment of, the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, Ce´sar E. Cha´vez, Bar- bara C. Jordan, William C. Vela´squez, and Dr. Hector P. Garcia Voting Rights Act Reauthor- ization and Amendments Act of 2006 shall be considered to refer to, respectively, the effective date of the amendments made by, or the date of the enactment of, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006. (Pub. L. 89–110, title I, § 20, as added Pub. L. 110–258, § 3, July 1, 2008, 122 Stat. 2428.) Editorial Notes REFERENCES IN TEXT The effective date of the amendments made by, or the date of the enactment of, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reau- thorization and Amendments Act of 2006, referred to in text, is the date of enactment of Pub. L. 109–246, which was approved July 27, 2006. CODIFICATION Section was formerly classified to section 1973q of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Page 20 TITLE 52—VOTING AND ELECTIONS § 10501 CHAPTER 105—SUPPLEMENTAL PROVISIONS Sec. 10501. Application of prohibition to other States; ‘‘test or device’’ defined. 10502. Residence requirements for voting. 10503. Bilingual election requirements. 10504. Judicial relief; civil actions by the Attorney General; three-judge district court; appeal to Supreme Court. 10505. Penalty. 10506. Separability. 10507. Survey to compile registration and voting statistics. 10508. Voting assistance for blind, disabled or illit- erate persons. § 10501. Application of prohibition to other States; ‘‘test or device’’ defined (a) No citizen shall be denied, because of his failure to comply with any test or device, the right to vote in any Federal, State, or local elec- tion conducted in any State or political subdivi- sion of a State. (b) As used in this section, the term ‘‘test or device’’ means any requirement that a person as a prerequisite for voting or registration for vot- ing (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) dem- onstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifica- tions by the voucher of registered voters or members of any other class. (Pub. L. 89–110, title II, § 201, as added Pub. L. 91–285, § 6, June 22, 1970, 84 Stat. 315; amended Pub. L. 94–73, title I, § 102, Aug. 6, 1975, 89 Stat. 400.) Editorial Notes CODIFICATION Section was formerly classified to section 1973aa of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. AMENDMENTS 1975—Subsec. (a). Pub. L. 94–73 struck out ‘‘Prior to August 6, 1975,’’ and ‘‘as to which the provisions of sec- tion 1973b(a) of this title are not in effect by reason of determinations made under section 1973b(b) of this title’’. § 10502. Residence requirements for voting (a) Congressional findings The Congress hereby finds that the imposition and application of the durational residency re- quirement as a precondition to voting for the of- fices of President and Vice President, and the lack of sufficient opportunities for absentee reg- istration and absentee balloting in presidential elections— (1) denies or abridges the inherent constitu- tional right of citizens to vote for their Presi- dent and Vice President; (2) denies or abridges the inherent constitu- tional right of citizens to enjoy their free movement across State lines; (3) denies or abridges the privileges and im- munities guaranteed to the citizens of each State under article IV, section 2, clause 1, of the Constitution; (4) in some instances has the impermissible purpose or effect of denying citizens the right to vote for such officers because of the way they may vote; (5) has the effect of denying to citizens the equality of civil rights, and due process and equal protection of the laws that are guaran- teed to them under the fourteenth amend- ment; and (6) does not bear a reasonable relationship to any compelling State interest in the conduct of presidential elections. (b) Congressional declaration: durational resi- dency requirement, abolishment; absentee registration and balloting standards, estab- lishment Upon the basis of these findings, Congress de- clares that in order to secure and protect the above-stated rights of citizens under the Con- stitution, to enable citizens to better obtain the enjoyment of such rights, and to enforce the guarantees of the fourteenth amendment, it is necessary (1) to completely abolish the durational residency requirement as a pre- condition to voting for President and Vice Presi- dent, and (2) to establish nationwide, uniform standards relative to absentee registration and absentee balloting in presidential elections. (c) Prohibition of denial of right to vote because of durational residency requirement or ab- sentee balloting No citizen of the United States who is other- wise qualified to vote in any election for Presi- dent and Vice President shall be denied the right to vote for electors for President and Vice President, or for President and Vice President, in such election because of the failure of such citizen to comply with any durational residency requirement of such State or political subdivi- sion; nor shall any citizen of the United States be denied the right to vote for electors for Presi- dent and Vice President, or for President and Vice President, in such election because of the failure of such citizen to be physically present in such State or political subdivision at the time of such election, if such citizen shall have complied with the requirements prescribed by the law of such State or political subdivision providing for the casting of absentee ballots in such election. (d) Registration: time for application; absentee balloting: time of application and return of ballots For the purposes of this section, each State shall provide by law for the registration or other means of qualification of all duly qualified resi- dents of such State who apply, not later than thirty days immediately prior to any presi- dential election, for registration or qualification to vote for the choice of electors for President and Vice President or for President and Vice President in such election; and each State shall provide by law for the casting of absentee bal- lots for the choice of electors for President and Vice President, or for President and Vice Presi- dent, by all duly qualified residents of such State who may be absent from their election