52 U.S.C. § 10307 — Prohibited acts

Page 16 TITLE 52—VOTING AND ELECTIONS § 10306 1 See References in Text note below. 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—Pub. L. 109–246 amended section generally. Prior to amendment, text of section read as follows: ‘‘When- ever an examiner is serving under subchapters I–A to I–C of this chapter in any political subdivision, the Di- rector of the Office of Personnel Management may as- sign, at the request of the Attorney General, one or more persons, who may be officers of the United States, (1) to enter and attend at any place for holding an elec- tion in such subdivision for the purpose of observing whether persons who are entitled to vote are being per- mitted to vote, and (2) to enter and attend at any place for tabulating the votes cast at any election held in such subdivision for the purpose of observing whether votes cast by persons entitled to vote are being prop- erly tabulated. Such persons so assigned shall report to an examiner appointed for such political subdivision, to the Attorney General, and if the appointment of exam- iners has been authorized pursuant to section 1973a(a) of this title, to the court.’’ § 10306. Poll taxes (a) Congressional finding and declaration of pol- icy against enforced payment of poll taxes as a device to impair voting rights The Congress finds that the requirement of the payment of a poll tax as a precondition to vot- ing (i) precludes persons of limited means from voting or imposes unreasonable financial hard- ship upon such persons as a precondition to their exercise of the franchise, (ii) does not bear a reasonable relationship to any legitimate State interest in the conduct of elections, and (iii) in some areas has the purpose or effect of denying persons the right to vote because of race or color. Upon the basis of these findings, Congress declares that the constitutional right of citizens to vote is denied or abridged in some areas by the requirement of the payment of a poll tax as a precondition to voting. (b) Authority of Attorney General to institute ac- tions for relief against enforcement of poll tax requirement In the exercise of the powers of Congress under section 5 of the fourteenth amendment, section 2 of the fifteenth amendment and section 2 of the twenty-fourth amendment, the Attorney General is authorized and directed to institute forthwith in the name of the United States such actions, including actions against States or po- litical subdivisions, for declaratory judgment or injunctive relief against the enforcement of any requirement of the payment of a poll tax as a precondition to voting, or substitute therefor enacted after November 1, 1964, as will be nec- essary to implement the declaration of sub- section (a) and the purposes of this section. (c) Jurisdiction of three-judge district courts; ap- peal to Supreme Court The district courts of the United States shall have jurisdiction of such actions which shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the Su- preme Court. It shall be the duty of the judges designated to hear the case 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. (Pub. L. 89–110, title I, § 10, Aug. 6, 1965, 79 Stat. 442; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94–73, title IV, § 408, Aug. 6, 1975, 89 Stat. 405.) Editorial Notes CODIFICATION Section was formerly classified to section 1973h of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 1975—Subsec. (b). Pub. L. 94–73, § 408(2), (3), inserted reference to section 2 of twenty-fourth amendment. Subsec. (d). Pub. L. 94–73, § 408(1), struck out subsec. (d) which related to post-payment of poll taxes in event of a judicial declaration of constitutionality. § 10307. Prohibited acts (a) Failure or refusal to permit casting or tabula- tion of vote No person acting under color of law shall fail or refuse to permit any person to vote who is en- titled to vote under any provision of chapters 103 to 107 of this title or is otherwise qualified to vote, or willfully fail or refuse to tabulate, count, and report such person’s vote. (b) Intimidation, threats, or coercion No person, whether acting under color of law or otherwise, shall intimidate, threaten, or co- erce, or attempt to intimidate, threaten, or co- erce any person for voting or attempting to vote, or intimidate, threaten, or coerce, or at- tempt to intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote, or intimidate, threaten, or co- erce any person for exercising any powers or du- ties under section 10302(a), 10305, 10306, or 10308(e) of this title or section 1973d or 1973g of title 42.1 (c) False information in registering or voting; penalties Whoever knowingly or willfully gives false in- formation as to his name, address or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the pur- pose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both: Provided, however, That this provision shall be applicable only to general, special, or primary elections held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elec- tor, Member of the United States Senate, Mem- ber of the United States House of Representa- tives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Com- missioner of the Commonwealth of Puerto Rico. Page 17 TITLE 52—VOTING AND ELECTIONS § 10308 1 See References in Text note below. (d) Falsification or concealment of material facts or giving of false statements in matters with- in jurisdiction of examiners or hearing offi- cers; penalties Whoever, in any matter within the jurisdic- tion of an examiner or hearing officer knowingly and willfully falsifies or conceals a material fact, or makes any false, fictitious, or fraudu- lent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudu- lent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. (e) Voting more than once (1) Whoever votes more than once in an elec- tion referred to in paragraph (2) shall be fined not more than $10,000 or imprisoned not more than five years, or both. (2) The prohibition of this subsection applies with respect to any general, special, or primary election held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elec- tor, Member of the United States Senate, Mem- ber of the United States House of Representa- tives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Com- missioner of the Commonwealth of Puerto Rico. (3) As used in this subsection, the term ‘‘votes more than once’’ does not include the casting of an additional ballot if all prior ballots of that voter were invalidated, nor does it include the voting in two jurisdictions under section 10502 of this title, to the extent two ballots are not cast for an election to the same candidacy or office. (Pub. L. 89–110, title I, § 11, Aug. 6, 1965, 79 Stat. 443; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 91–405, title II, § 204(e), Sept. 22, 1970, 84 Stat. 853; Pub. L. 94–73, title IV, §§ 404, 409, Aug. 6, 1975, 89 Stat. 404, 405.) Editorial Notes REFERENCES IN TEXT Sections 1973d and 1973g of title 42, referred to in sub- sec. (b), were repealed by Pub. L. 109–246, § 3(c), July 27, 2006, 120 Stat. 580. CODIFICATION Section was formerly classified to section 1973i of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 1975—Subsec. (c). Pub. L. 94–73, § 404, inserted ref- erence to Guam and Virgin Islands. Subsec. (e). Pub. L. 94–73, § 409, added subsec. (e). 1970—Subsec. (c). Pub. L. 91–405 substituted reference to Delegate from District of Columbia for Delegates or Commissioners from territories or possessions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91–405, set out as an Effec- tive Date note under section 25a of Title 2, The Con- gress. § 10308. Civil and criminal sanctions (a) Depriving or attempting to deprive persons of secured rights Whoever shall deprive or attempt to deprive any person of any right secured by section 10301, 10302, 10303, 10304, or 10306 of this title or shall violate section 10307(a) of this title, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (b) Destroying, defacing, mutilating, or altering ballots or official voting records Whoever, within a year following an election in a political subdivision in which an observer has been assigned (1) destroys, defaces, muti- lates, or otherwise alters the marking of a paper ballot which has been cast in such election, or (2) alters any official record of voting in such election tabulated from a voting machine or otherwise, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (c) Conspiring to violate or interfere with se- cured rights Whoever conspires to violate the provisions of subsection (a) or (b) of this section, or interferes with any right secured by section 10301, 10302, 10303, 10304, 10306, or 10307(a) of this title shall be fined not more than $5,000, or imprisoned not more than five years, or both. (d) Civil action by Attorney General for preven- tive relief; injunctive and other relief Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohib- ited by section 10301, 10302, 10303, 10304, 10306, or 10307 of this title, section 1973e of title 42,1 or subsection (b) of this section, the Attorney Gen- eral may institute for the United States, or in the name of the United States, an action for pre- ventive relief, including an application for a temporary or permanent injunction, restraining order, or other order, and including an order di- rected to the State and State or local election officials to require them (1) to permit persons listed under chapters 103 to 107 of this title to vote and (2) to count such votes. (e) Proceeding by Attorney General to enforce the counting of ballots of registered and eli- gible persons who are prevented from voting Whenever in any political subdivision in which there are observers appointed pursuant to chap- ters 103 to 107 of this title any persons allege to such an observer within forty-eight hours after the closing of the polls that notwithstanding (1) their listing under chapters 103 to 107 of this title or registration by an appropriate election official and (2) their eligibility to vote, they have not been permitted to vote in such elec- tion, the observer shall forthwith notify the At- torney General if such allegations in his opinion appear to be well founded. Upon receipt of such notification, the Attorney General may forth- with file with the district court an application for an order providing for the marking, casting, and counting of the ballots of such persons and requiring the inclusion of their votes in the