52 U.S.C. § 10305 — Use of observers

Page 15 TITLE 52—VOTING AND ELECTIONS § 10305 (Pub. L. 89–110, title I, § 5, Aug. 6, 1965, 79 Stat. 439; renumbered title I and amended Pub. L. 91–285, §§ 2, 5, June 22, 1970, 84 Stat. 314, 315; Pub. L. 94–73, title II, §§ 204, 206, title IV, § 405, Aug. 6, 1975, 89 Stat. 402, 404; Pub. L. 109–246, § 5, July 27, 2006, 120 Stat. 580.) Editorial Notes CODIFICATION Section was formerly classified to section 1973c 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—Pub. L. 109–246 designated existing provisions as subsec. (a), substituted ‘‘neither has the purpose nor will have the effect’’ for ‘‘does not have the purpose and will not have the effect’’, and added subsecs. (b) to (d). 1975—Pub. L. 94–73 inserted ‘‘or whenever a State or political subdivision with respect to which the prohibi- tions set forth in section 1973b(a) of this title based upon determinations made under third sentence of sec- tion 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or pre- requisite to voting, or standard, practice, or procedure with respect to voting different from that in force or ef- fect on November 1, 1972,’’ after 1968, substituted ‘‘or upon good cause shown, to facilitate an expedited ap- proval within sixty days after such submission, the At- torney General has affirmatively indicated that such objection will not be made. Neither an affirmative indi- cation by the Attorney General that no objection will be made, nor the Attorney General’s failure to object,’’ for ‘‘except that neither the Attorney General’s failure to object’’, and ‘‘on account of race or color, or in con- travention of the guarantees set forth in section 1973b(f)(2) of this title’’ for ‘‘on account of race or color’’, and inserted provisions that in the event the Attorney General affirmatively indicates that no objec- tion will be made within the sixty-day period following receipt of a submission, the Attorney General may re- serve the right to examine the submission if additional information comes to his attention during the remain- der of the sixty-day period which would otherwise re- quire objection in accordance with this section. 1970—Pub. L. 91–285 inserted ‘‘based upon determina- tions made under the first sentence of section 1973b(b) of this title’’ after ‘‘section 1973b(a) of this title’’ and ‘‘or whenever a State or political subdivision with re- spect to which the prohibitions set forth in section 1973b(a) of this title based upon determinations made under the second sentence of section 1973b(b) of this title are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or stand- ard, practice, or procedure with respect to voting dif- ferent from that in force or effect on November 1, 1968,’’ after ‘‘1964,’’. § 10305. Use of observers (a) Assignment Whenever— (1) a court has authorized the appointment of observers under section 10302(a) of this title for a political subdivision; or (2) the Attorney General certifies with re- spect to any political subdivision named in, or included within the scope of, determinations made under section 10303(b) of this title, un- less a declaratory judgment has been rendered under section 10303(a) of this title, that— (A) the Attorney General has received written meritorious complaints from resi- dents, elected officials, or civic participation organizations that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title are likely to occur; or (B) in the Attorney General’s judgment (considering, among other factors, whether the ratio of nonwhite persons to white per- sons registered to vote within such subdivi- sion appears to the Attorney General to be reasonably attributable to violations of the 14th or 15th amendment or whether substan- tial evidence exists that bona fide efforts are being made within such subdivision to com- ply with the 14th or 15th amendment), the assignment of observers is otherwise nec- essary to enforce the guarantees of the 14th or 15th amendment; the Director of the Office of Personnel Man- agement shall assign as many observers for such subdivision as the Director may deem ap- propriate. (b) Status Except as provided in subsection (c), such ob- servers shall be assigned, compensated, and sep- arated without regard to the provisions of any statute administered by the Director of the Of- fice of Personnel Management, and their service under chapters 103 to 107 of this title shall not be considered employment for the purposes of any statute administered by the Director of the Office of Personnel Management, except the pro- visions of section 7324 of title 5 prohibiting par- tisan political activity. (c) Designation The Director of the Office of Personnel Man- agement is authorized to, after consulting the head of the appropriate department or agency, designate suitable persons in the official service of the United States, with their consent, to serve in these positions. (d) Authority Observers shall be authorized to— (1) enter and attend at any place for holding an election in such subdivision for the purpose of observing whether persons who are entitled to vote are being permitted to vote; and (2) enter and attend at any place for tab- ulating 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 properly tabulated. (e) Investigation and report Observers shall investigate and report to the Attorney General, and if the appointment of ob- servers has been authorized pursuant to section 10302(a) of this title, to the court. (Pub. L. 89–110, title I, § 8, Aug. 6, 1965, 79 Stat. 441; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 109–246, § 3(a), July 27, 2006, 120 Stat. 578.) Editorial Notes CODIFICATION Section was formerly classified to section 1973f of Title 42, The Public Health and Welfare, prior to edi- 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.