-CITE-
    42 USC CHAPTER 20 - ELECTIVE FRANCHISE                      01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE

-HEAD-
                      CHAPTER 20 - ELECTIVE FRANCHISE                  

-MISC1-
                         SUBCHAPTER I - GENERALLY                     
    Sec.                                                     
    1971.       Voting rights.                                    
                  (a)   Race, color, or previous condition not to
                         affect right to vote; uniform standards for
                         voting qualifications; errors or omissions
                         from papers; literacy tests; agreements
                         between Attorney General and State or local
                         authorities; definitions.                  
                  (b)   Intimidation, threats, or coercion.         
                  (c)   Preventive relief; injunction; rebuttable
                         literacy presumption; liability of United
                         States for costs; State as party defendant.
                  (d)   Jurisdiction; exhaustion of other remedies. 
                  (e)   Order qualifying person to vote;
                         application; hearing; voting referees;
                         transmittal of report and order;
                         certificate of qualification; definitions. 
                  (f)   Contempt; assignment of counsel; witnesses. 
                  (g)   Three-judge district court: hearing,
                         determination, expedition of action, review
                         by Supreme Court; single-judge district
                         court: hearing, determination, expedition
                         of action.                                 
    1972.       Interference with freedom of elections.           

               SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS           
    1973.       Denial or abridgement of right to vote on account
                     of race or color through voting qualifications or
                     prerequisites; establishment of violation.       
    1973a.      Proceeding to enforce the right to vote.          
                  (a)   Authorization by court for appointment of
                         Federal examiners.                         
                  (b)   Suspension of use of tests and devices which
                         deny or abridge the right to vote.         
                  (c)   Retention of jurisdiction to prevent
                         commencement of new devices to deny or
                         abridge the right to vote.                 
    1973b.      Suspension of the use of tests or devices in
                     determining eligibility to vote.                 
                  (a)   Action by State or political subdivision for
                         declaratory judgment of no denial or
                         abridgement; three-judge district court;
                         appeal to Supreme Court; retention of
                         jurisdiction by three-judge court.         
                  (b)   Required factual determinations necessary to
                         allow suspension of compliance with tests
                         and devices; publication in Federal
                         Register.                                  
                  (c)   "Test or device" defined.                   
                  (d)   Required frequency, continuation and
                         probable recurrence of incidents of denial
                         or abridgement to constitute forbidden use
                         of tests or devices.                       
                  (e)   Completion of requisite grade level of
                         education in American-flag schools in which
                         the predominant classroom language was
                         other than English.                        
                  (f)   Congressional findings of voting
                         discrimination against language minorities;
                         prohibition of English-only elections;
                         other remedial measures.                   
    1973c.      Alteration of voting qualifications and
                     procedures; action by State or political
                     subdivision for declaratory judgment of no denial
                     or abridgement of voting rights; three-judge
                     district court; appeal to Supreme Court.         
    1973d.      Federal voting examiners; appointment.            
    1973e.      Examination of applicants for registration.       
                  (a)   Form of application; requisite allegation of
                         nonregistration.                           
                  (b)   Placement of eligible voters on official
                         lists; transmittal of lists.               
                  (c)   Certificate of eligibility.                 
                  (d)   Removal of names from list by examiners.    
    1973f.      Observers at elections; assignment; duties;
                     reports.                                         
    1973g.      Challenges to eligibility listings.               
                  (a)   Filing of challenge; supplementary
                         affidavits; service upon person challenged;
                         hearing; review.                           
                  (b)   Rules and regulations by Director of the
                         Office of Personnel Management.            
                  (c)   Subpena power of Director of the Office of
                         Personnel Management; contempt.            
    1973h.      Poll taxes.                                       
                  (a)   Congressional finding and declaration of
                         policy against enforced payment of poll
                         taxes as a device to impair voting rights. 
                  (b)   Authority of Attorney General to institute
                         actions for relief against enforcement of
                         poll tax requirement.                      
                  (c)   Jurisdiction of three-judge district courts;
                         appeal to Supreme Court.                   
    1973i.      Prohibited acts.                                  
                  (a)   Failure or refusal to permit casting or
                         tabulation of vote.                        
                  (b)   Intimidation, threats, or coercion.         
                  (c)   False information in registering or voting;
                         penalties.                                 
                  (d)   Falsification or concealment of material
                         facts or giving of false statements in
                         matters within jurisdiction of examiners or
                         hearing officers; penalties.               
                  (e)   Voting more than once.                      
    1973j.      Civil and criminal sanctions.                     
                  (a)   Depriving or attempting to deprive persons
                         of secured rights.                         
                  (b)   Destroying, defacing, mutilating, or
                         altering ballots or official voting
                         records.                                   
                  (c)   Conspiring to violate or interfere with
                         secured rights.                            
                  (d)   Civil action by Attorney General for
                         preventive relief; injunctive and other
                         relief.                                    
                  (e)   Proceeding by Attorney General to enforce
                         the counting of ballots of registered and
                         eligible persons who are prevented from
                         voting.                                    
                  (f)   Jurisdiction of district courts; exhaustion
                         of administrative or other remedies
                         unnecessary.                               
    1973k.      Termination of listing procedures; basis for
                     termination; survey or census by Director of the
                     Census.                                          
    1973l.      Enforcement proceedings.                          
                  (a)   Criminal contempt.                          
                  (b)   Jurisdiction of courts for declaratory
                         judgment, restraining orders, or temporary
                         or permanent injunction.                   
                  (c)   Definitions.                                
                  (d)   Subpenas.                                   
                  (e)   Attorney's fees.                            
    1973m.      Omitted.                                          
    1973n.      Impairment of voting rights of persons holding
                     current registration.                            
    1973o.      Authorization of appropriations.                  
    1973p.      Separability.                                     

                 SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS             
    1973aa.     Application of prohibition to other States; "test
                     or device" defined.                              
    1973aa-1.   Residence requirements for voting.                
                  (a)   Congressional findings.                     
                  (b)   Congressional declaration: durational
                         residency requirement, abolishment;
                         absentee registration and balloting
                         standards, establishment.                  
                  (c)   Prohibition of denial of right to vote
                         because of durational residency requirement
                         or absentee balloting.                     
                  (d)   Registration: time for application; absentee
                         balloting: time of application and return
                         of ballots.                                
                  (e)   Change of residence; voting in person or by
                         absentee ballot in State of prior
                         residence.                                 
                  (f)   Absentee registration requirement.          
                  (g)   State or local adoption of less restrictive
                         voting practices.                          
                  (h)   "State" defined.                            
                  (i)   False registration, and other fraudulent
                         acts and conspiracies: application of
                         penalty for false information in
                         registering or voting.                     
    1973aa-1a.  Bilingual election requirements.                  
                  (a)   Congressional findings and declaration of
                         policy.                                    
                  (b)   Bilingual voting materials requirement.     
                  (c)   Requirement of voting notices, forms,
                         instructions, assistance, or other
                         materials and ballots in minority language.
                  (d)   Action for declaratory judgment permitting
                         English-only materials.                    
                  (e)   Definitions.                                
    1973aa-2.   Judicial relief; civil actions by the Attorney
                     General; three-judge district court; appeal to
                     Supreme Court.                                   
    1973aa-3.   Penalty.                                          
    1973aa-4.   Separability.                                     
    1973aa-5.   Survey to compile registration and voting
                     statistics.                                      
                  (a)   Elections to House of Representatives and
                         elections designated by United States
                         Commission on Civil Rights.                
                  (b)   Prohibition against compulsion to disclose
                         personal data; advice of rights.           
                  (c)   Report to Congress.                         
                  (d)   Confidentiality of information; penalties.  
    1973aa-6.   Voting assistance for blind, disabled or
                     illiterate persons.                              

               SUBCHAPTER I-C - EIGHTEEN-YEAR-OLD VOTING AGE           
    1973bb.     Enforcement of twenty-sixth amendment.            
    1973bb-1.   "State" defined.                                  
    1973bb-2 to 1973bb-4. Repealed.                                   

            SUBCHAPTER I-D - FEDERAL ABSENTEE VOTING ASSISTANCE        

                     PART I - RECOMMENDATION TO STATES                 
    1973cc to 1973cc-3. Repealed.                                     

             PART II - RESPONSIBILITIES OF FEDERAL GOVERNMENT         
    1973cc-11 to 1973cc-15. Repealed.                                 

                       PART III - GENERAL PROVISIONS                   
    1973cc-21 to 1973cc-26. Repealed.                                 

            SUBCHAPTER I-E - VOTING RIGHTS OF OVERSEAS CITIZENS        
    1973dd to 1973dd-6. Repealed.                                     

         SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE ELDERLY AND
                                HANDICAPPED
    1973ee.     Congressional declaration of purpose.             
    1973ee-1.   Selection of polling facilities.                  
                  (a)   Accessibility to all polling places as
                         responsibility of each political
                         subdivision.                               
                  (b)   Exception.                                  
                  (c)   Report to Federal Election Commission.      
    1973ee-2.   Selection of registration facilities.             
    1973ee-3.   Registration and voting aids.                     
                  (a)   Printed instructions; telecommunications
                         devices for the deaf.                      
                  (b)   Medical certification.                      
                  (c)   Notice of availability of aids.             
    1973ee-4.   Enforcement.                                      
                  (a)   Action for declaratory or injunctive relief.
                  (b)   Prerequisite notice of noncompliance.       
                  (c)   Attorney fees.                              
    1973ee-5.   Relationship to Voting Rights Act of 1965.        
    1973ee-6.   Definitions.                                      

       SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED
    SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE
    1973ff.     Federal responsibilities.                         
                  (a)   Presidential designee.                      
                  (b)   Duties of Presidential designee.            
                  (c)   Duties of other Federal officials.          
    1973ff-1.   State responsibilities.                           
                  (a)   In general.                                 
                  (b)   Designation of single State office to
                         provide information on registration and
                         absentee ballot procedures for all voters
                         in State.                                  
                  (c)   Report on number of absentee ballots
                         transmitted and received.                  
                  (d)   Registration notification.                  
    1973ff-2.   Federal write-in absentee ballot in general
                     elections for Federal office for absent uniformed
                     services voters and overseas voters.             
                  (a)   In general.                                 
                  (b)   Submission and processing.                  
                  (c)   Special rules.                              
                  (d)   Second ballot submission; instruction to
                         absent uniformed services voter or overseas
                         voter.                                     
                  (e)   Use of approved State absentee ballot in
                         place of Federal write-in absentee ballot. 
                  (f)   Certain States exempted.                    
    1973ff-3.   Use of single application for all subsequent
                     elections.                                       
                  (a)   In general.                                 
                  (b)   Exception for voters changing registration. 
                  (c)   Revision of official post card form.        
                  (d)   No effect on voter removal programs.        
                  (e)   Prohibition of refusal of applications on
                         grounds of early submission.               
    1973ff-4.   Enforcement.                                      
    1973ff-5.   Effect on certain other laws.                     
    1973ff-6.   Definitions.                                      

               SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION           
    1973gg.     Findings and purposes.                            
                  (a)   Findings.                                   
                  (b)   Purposes.                                   
    1973gg-1.   Definitions.                                      
    1973gg-2.   National procedures for voter registration for
                     elections for Federal office.                    
                  (a)   In general.                                 
                  (b)   Nonapplicability to certain States.         
    1973gg-3.   Simultaneous application for voter registration
                     and application for motor vehicle driver's
                     license.                                         
                  (a)   In general.                                 
                  (b)   Limitation on use of information.           
                  (c)   Forms and procedures.                       
                  (d)   Change of address.                          
                  (e)   Transmittal deadline.                       
    1973gg-4.   Mail registration.                                
                  (a)   Form.                                       
                  (b)   Availability of forms.                      
                  (c)   First-time voters.                          
                  (d)   Undelivered notices.                        
    1973gg-5.   Voter registration agencies.                      
                  (a)   Designation.                                
                  (b)   Federal Government and private sector
                         cooperation.                               
                  (c)   Armed Forces recruitment offices.           
                  (d)   Transmittal deadline.                       
    1973gg-6.   Requirements with respect to administration of
                     voter registration.                              
                  (a)   In general.                                 
                  (b)   Confirmation of voter registration.         
                  (c)   Voter removal programs.                     
                  (d)   Removal of names from voting rolls.         
                  (e)   Procedure for voting following failure to
                         return card.                               
                  (f)   Change of voting address within a
                         jurisdiction.                              
                  (g)   Conviction in Federal court.                
                  (h)   Omitted.                                    
                  (i)   Public disclosure of voter registration
                         activities.                                
                  (j)   "Registrar's jurisdiction" defined.         
    1973gg-7.   Federal coordination and regulations.             
                  (a)   In general.                                 
                  (b)   Contents of mail voter registration form.   
    1973gg-8.   Designation of chief State election official.     
    1973gg-9.   Civil enforcement and private right of action.    
                  (a)   Attorney General.                           
                  (b)   Private right of action.                    
                  (c)   Attorney's fees.                            
                  (d)   Relation to other laws.                     
    1973gg-10.  Criminal penalties.                               

                 SUBCHAPTER II - FEDERAL ELECTION RECORDS             
    1974.       Retention and preservation of records and papers
                     by officers of elections; deposit with custodian;
                     penalty for violation.                           
    1974a.      Theft, destruction, concealment, mutilation, or
                     alteration of records or papers; penalties.      
    1974b.      Demand for records or papers by Attorney General
                     or representative; statement of basis and
                     purpose.                                         
    1974c.      Disclosure of records or papers.                  
    1974d.      Jurisdiction to compel production of records or
                     papers.                                          
    1974e.      "Officer of election" defined.                    

-End-

-CITE-
    42 USC SUBCHAPTER I - GENERALLY                             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I - GENERALLY

-HEAD-
                         SUBCHAPTER I - GENERALLY                     

-End-

-CITE-
    42 USC Sec. 1971                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 1971. Voting rights

-STATUTE-
    (a) Race, color, or previous condition not to affect right to vote;
      uniform standards for voting qualifications; errors or omissions
      from papers; literacy tests; agreements between Attorney General
      and State or local authorities; definitions
      (1) All citizens of the United States who are otherwise qualified
    by law to vote at any election by the people in any State,
    Territory, district, county, city, parish, township, school
    district, municipality, or other territorial subdivision, 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 authority, 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, practices,
      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 application, registration, or other act requisite to
      voting, if such error or omission is not material in determining
      whether such individual is qualified under State law to vote in
      such election; or
        (C) employ any literacy test as a qualification for voting in
      any election unless (i) such test is administered to each
      individual and is conducted wholly in writing, and (ii) a
      certified 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 request made within the period of time during
      which records and papers are required to be retained and
      preserved pursuant to title III of the Civil Rights Act of 1960
      [42 U.S.C. 1974 et seq.]: Provided, however, That the Attorney
      General may enter into agreements with appropriate State or local
      authorities that preparation, conduct, and maintenance of such
      tests in accordance with the provisions of applicable State or
      local law, including such special provisions as are necessary in
      the preparation, conduct, and maintenance of such tests for
      persons who are blind or otherwise physically 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 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
    candidate for the office of President, Vice President, presidential
    elector, Member of the Senate, or Member of the House of
    Representatives, Delegates or Commissioners from the Territories or
    possessions, at any general, special, or primary election held
    solely or in part for the purpose of selecting or electing any such
    candidate.
    (c) Preventive relief; injunction; rebuttable literacy 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) of this section, the
    Attorney General may institute for the United States, or in the
    name of the United States, a civil action or other proper
    proceeding for preventive relief, including an application for a
    permanent or temporary injunction, restraining order, or other
    order. If in any such proceeding literacy is a relevant fact there
    shall be a rebuttable presumption that any person who has not been
    adjudged an incompetent and who has completed the sixth grade in a
    public school in, or a private school accredited by, any State or
    territory, the District of Columbia, or the Commonwealth of Puerto
    Rico where instruction is carried 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) of this section, the
    act or practice shall also be deemed that of the State and the
    State may be joined as a party defendant and, if, prior to the
    institution of such proceeding, such official has resigned or has
    been relieved of his office and no successor has assumed such
    office, the proceeding may be instituted against the State.
    (d) Jurisdiction; exhaustion of other remedies
      The district courts of the United States shall have jurisdiction
    of proceedings instituted pursuant 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 report and order; certificate of
      qualification; definitions
      In any proceeding instituted pursuant to subsection (c) of this
    section 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 subsection (a) of this section, 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 application therefor, to
    an order declaring him qualified 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
    otherwise to qualify to vote, or (b) found not qualified to vote by
    any person acting under color of law. Such order shall be effective
    as to any election 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 transmitted certified copies
    of such order to the appropriate 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 contempt 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 application 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 subscribe 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 applications and to take evidence and report to the
    court findings as to whether or not at any election or elections
    (1) any such applicant is qualified 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 applicant 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 register 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 included 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 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 exceptions to such
    report. Exceptions as to matters 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 contained 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 administration of
    justice requires, they may be referred to the voting referee to
    determine in accordance with procedures prescribed by the court. A
    hearing as to an issue of fact shall be held only in the event that
    the proof in support of the exception disclose the existence of a
    genuine issue of material fact. The applicant's literacy and
    understanding of other subjects shall be determined solely on the
    basis of answers included in the report of the voting referee.
      The court, or at its direction the voting referee, 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 pursuant to this
    subsection shall to the extent not inconsistent herewith have all
    the powers conferred 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 impounding of the applicant's
    ballot pending determination of the application. The court may take
    any other action, and may authorize such referee 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 effective including, but not limited to,
    registration or other action required by State law prerequisite to
    voting, casting a ballot, and having such ballot counted and
    included in the appropriate totals of votes cast with respect to
    candidates for public office and propositions for which votes are
    received in an election; the words "affected area" shall mean any
    subdivision 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 proceeding to have violated subsection (a) of this
    section; and the words "qualified under State law" shall mean
    qualified according to the laws, customs, or usages 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 persons other than those of
    the race or color against which the pattern or practice of
    discrimination 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 request, 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 allowed, 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 witnesses 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, determination, expedition
      of action, review by Supreme 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
    General 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 proceeding, 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 circuit) 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
    Attorney General nor any defendant files a request for a three-
    judge court in any proceeding authorized by this subsection, it
    shall be the duty of the chief judge of the district (or in his
    absence, 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
    available 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.

-SOURCE-
    (R.S. Sec. 2004; Pub. L. 85-315, pt. IV, Sec. 131, Sept. 9, 1957,
    71 Stat. 637; Pub. L. 86-449, title VI, Sec. 601, May 6, 1960, 74
    Stat. 90; Pub. L. 88-352, title I, Sec. 101, July 2, 1964, 78 Stat.
    241; Pub. L. 89-110, Sec. 15, Aug. 6, 1965, 79 Stat. 445.)

-REFTEXT-
                            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, as amended. Title III
    of the Civil Rights Act of 1960 is classified generally to
    subchapter II (Sec. 1974 et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title note below
    and Tables.
      Rule 53(c) of the Federal Rules of Civil Procedure, referred 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, as amended, which enacted sections 1975 to
    1975e and 1995 of this title and section 295-1 of former Title 5,
    Executive Departments and Government Officers and Employees,
    amended this section and sections 1343 and 1861 of Title 28,
    repealed section 1993 of this title, and enacted provisions set out
    as a note under section 1975 of this title.

-COD-
                               CODIFICATION                           
      R.S. Sec. 2004 derived from act May 31, 1870, ch. 114, Sec. 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 authority of Pub.
    L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
    section of which enacted Title 5, Government Organization and
    Employees.
      Section was formerly classified to section 31 of Title 8, Aliens
    and Nationality.

-MISC1-
                                AMENDMENTS                            
      1965 - Subsecs. (a), (c). Pub. L. 89-110, Sec. 15(a), struck out
    "Federal" before "election" wherever appearing.
      Subsecs. (f) to (h). Pub. L. 89-110, Sec. 15(b), redesignated
    subsecs. (g) and (h) as (f) and (g), respectively, and repealed
    former subsec. (f) which defined "Federal elections".
      1964 - Subsec. (a). Pub. L. 88-352, Sec. 101(a), designated
    existing provisions as par. (1) and added pars. (2) and (3).
      Subsec. (c). Pub. L. 88-352, Sec. 101(b), provided for a
    rebuttable 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, Sec. 101(c), added subsec. (f)
    and redesignated former subsec. (f) as (g).
      Subsec. (h). Pub. L. 88-352, Sec. 101(d), added subsec. (h).
      1960 - Subsec. (c). Pub. L. 86-449, Sec. 601(b), permitted the
    State to be joined as a party defendant in cases where officials of
    a State or subdivision thereof are alleged to have committed acts
    or practices constituting a deprivation of any rights or privileges
    secured by subsection (a) of this section, and authorized
    commencement of the proceeding against the State where an official
    has resigned or has been relieved of his office and no successor
    has assumed such office.
      Subsecs. (e), (f). Pub. L. 86-449, Sec. 601(a), added subsec. (e)
    and redesignated former subsec. (e) as (f).
      1957 - Pub. L. 85-315, Sec. 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).

                       SHORT TITLE OF 1992 AMENDMENT                   
      Pub. L. 102-344, Sec. 1, Aug. 26, 1992, 106 Stat. 921, provided
    that: "This Act [amending section 1973aa-1a of this title] may be
    cited as the 'Voting Rights Language Assistance Act of 1992'."

                       SHORT TITLE OF 1986 AMENDMENT                   
      Pub. L. 99-410, Sec. 1, Aug. 28, 1986, 100 Stat. 924, provided
    that: "This Act [enacting subchapter I-G of this chapter, sections
    608 and 609 of Title 18, Crimes and Criminal Procedure, and section
    3406 of Title 39, Postal Service, amending sections 2401, 3627, and
    3684 of Title 39, repealing subchapters I-D and I-E of this
    chapter, and enacting provisions set out as a note under section
    1973ff of this title] may be cited as the 'Uniformed and Overseas
    Citizens Absentee Voting Act'."

                       SHORT TITLE OF 1982 AMENDMENT                   
      Pub. L. 97-205, Sec. 1, June 29, 1982, 96 Stat. 131, provided:
    "That this Act [enacting section 1973aa-6 of this title, amending
    sections 1973, 1973b, and 1973aa-1a of this title, and enacting
    provisions set out as notes under sections 1973, 1973b, 1973aa-1a
    and 1973aa-6 of this title] may be cited as the 'Voting Rights Act
    Amendments of 1982'."

                       SHORT TITLE OF 1970 AMENDMENT                   
      Pub. L. 91-285, Sec. 1, June 22, 1970, 84 Stat. 314, provided:
    "That this Act [designating existing provisions of Pub. L. 89-110
    as subchapter I-A, enacting subchapters I-B and I-C of this
    chapter, and amending sections 1973b and 1973c of this title] may
    be cited as the 'Voting Rights Act Amendments of 1970'."

                       SHORT TITLE OF 1960 AMENDMENT                   
      Pub. L. 86-449, Sec. 1, May 6, 1960, 74 Stat. 84, provided that:
    "This Act [enacting subchapter II of this chapter and sections 837,
    1074, and 1509 of Title 18, Crimes and Criminal Procedure, and
    amending this section and sections 241 and 640 of Title 20,
    Education] may be cited as the 'Civil Rights Act of 1960'."

                       SHORT TITLE OF 1957 AMENDMENT                   
      Pub. L. 85-315, pt. V, Sec. 161, Sept. 9, 1957, 71 Stat. 638,
    provided that: "This Act [enacting former chapter 20A of this title
    and section 1995 of this title and section 295-1 of former Title 5,
    Executive Departments and Government Officers and Employees,
    amending this section and sections 1343 and 1861 of Title 28,
    Judiciary and Judicial Procedure, and repealing section 1993 of
    this title] may be cited as the 'Civil Rights Act of 1957'."

                                SHORT TITLE                            
      Pub. L. 89-110, Sec. 1, Aug. 6, 1965, 79 Stat. 437, provided
    that: "This Act [enacting subchapters I-A, I-B, and I-C of this
    chapter and amending this section] shall be known as the 'Voting
    Rights Act of 1965'."
      Act Aug. 9, 1955, ch. 656, Sec. 1, 69 Stat. 584, which provided
    that such Act, which enacted subchapter I-D of this chapter and
    repealed sections 301 to 303, 321 to 331, 341, and 351 to 355 of
    Title 50, War and National Defense, was to be cited as "The Federal
    Voting Assistance Act of 1955", was repealed by Pub. L. 99-410,
    title II, Sec. 203, Aug. 28, 1986, 100 Stat. 930.
      Pub. L. 94-203, Sec. 1, Jan. 2, 1976, 89 Stat. 1142, which
    provided that Pub. L. 94-203, which enacted subchapter I-E of this
    chapter, was to be cited as "Overseas Citizens Voting Rights Act of
    1975", was repealed by Pub. L. 99-410, title II, Sec. 203, Aug. 28,
    1986, 100 Stat. 930.
      Pub. L. 98-435, Sec. 1, Sept. 28, 1984, 98 Stat. 1678, provided
    that: "This Act [enacting subchapter I-F of this chapter] may be
    cited as the 'Voting Accessibility for the Elderly and Handicapped
    Act'."
      Pub. L. 103-31, Sec. 1, May 20, 1993, 107 Stat. 77, provided
    that: "This Act [enacting subchapter I-H of this chapter and
    section 3629 of Title 39, Postal Service, and amending sections
    2401 and 3627 of Title 39] may be cited as the 'National Voter
    Registration Act of 1993'."

                               SEPARABILITY                           
      Section 701 of Pub. L. 86-449 provided that: "If any provisions
    of this Act [see Short Title note above] is held invalid, the
    remainder of this Act shall not be affected thereby."

                         VOTER REGISTRATION DRIVES                     
      Pub. L. 98-473, title I, Sec. 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)."

-End-

-CITE-
    42 USC Sec. 1972                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 1972. Interference with freedom of elections

-STATUTE-
      No officer of the Army, Navy, or Air Force of the United States
    shall prescribe or fix, or attempt 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.

-SOURCE-
    (R.S. Sec. 2003.)

-COD-
                               CODIFICATION                           
      R.S. Sec. 2003 derived from act Feb. 25, 1865, ch. 52, Sec. 1, 13
    Stat. 437.
      Air Force inserted to conform to section 207(a), (f) of act July
    26, 1947, ch. 343, title II, 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 repealed by section 53 of act Aug. 10,
    1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
    enacted "Title 10, Armed Forces", which in sections 8010 to 8013
    continued Department of the Air Force under administrative
    supervision of Secretary of the Air Force.
      Section was formerly classified to section 32 of Title 8, Aliens
    and Nationality.

-End-

-CITE-
    42 USC SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
               SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS           

-End-

-CITE-
    42 USC Sec. 1973                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973. Denial or abridgement of right to vote on account of
      race or color through voting qualifications or prerequisites;
      establishment of violation

-STATUTE-
      (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
    denial 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 forth in section 1973b(f)(2) of this title, as
    provided in subsection (b) of this section.
      (b) A violation of subsection (a) of this section 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 participation by
    members of a class of citizens protected by subsection (a) of this
    section in that its members have less opportunity than other
    members of the electorate to participate in the political process
    and to elect representatives of their choice. The extent 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 section establishes a
    right to have members of a protected class elected in numbers equal
    to their proportion in the population.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 2, Aug. 6, 1965, 79 Stat. 437;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314; amended Pub. L. 94-73, title II, Sec. 206, Aug. 6, 1975, 89
    Stat. 402; Pub. L. 97-205, Sec. 3, June 29, 1982, 96 Stat. 134.)

-MISC1-
                                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) of this
    section" after "in contravention 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".

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Section 6 of Pub. L. 97-205 provided that: "Except as otherwise
    provided in this Act, the amendments made by this Act [see Short
    Title of 1982 Amendment note below] shall take effect on the date
    of the enactment of this Act [June 29, 1982]."

                                SHORT TITLE                            
      This subchapter and subchapters I-B and I-C of this chapter known
    as the "Voting Rights Act of 1965", see Short Title note set out
    under section 1971 of this title.

                               SEPARABILITY                           
      Section 208 of Pub. L. 94-73 provided that: "If any amendments
    made by this Act [enacting sections 1973aa-1a and 1973aa-5 of this
    title, amending this section and sections 1973a to 1973d, 1973h,
    1973i, 1973k, 1973l, 1973aa, 1973aa-2, 1973aa-3, 1973bb, 1973bb-1
    of this title, and repealing sections 1973bb-2 to 1973bb-4 of this
    title] or the application of any provision thereof to any person or
    circumstance is judicially determined to be invalid, the remainder
    of the Voting Rights Act of 1965 [this subchapter and subchapters I-
    B and I-C of this chapter], or the application of such provision
    to other persons or circumstances shall not be affected by such
    determination."

-End-

-CITE-
    42 USC Sec. 1973a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973a. Proceeding to enforce the right to vote

-STATUTE-
    (a) Authorization by court for appointment of Federal examiners
      Whenever the Attorney General or an aggrieved 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
    examiners by the Director of the Office of Personnel Management in
    accordance with section 1973d of this title to serve for such
    period of time and for such political 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 determines that the appointment of
    such examiners 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 fifteenth amendment justifying
    equitable relief have occurred in such State or subdivision:
    Provided, That the court need not authorize the appointment of
    examiners if any incidents of denial or abridgement of the right to
    vote on account of race or color, or in contravention of the voting
    guarantees set forth in section 1973b(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 statute to enforce the voting guarantees
    of the fourteenth 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 account of race or
    color, or in contravention of the voting guarantees set forth in
    section 1973b(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 commencement of new
      devices to deny or abridge the right to vote
      If in any proceeding instituted by the Attorney 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 violations of the fourteenth or
    fifteenth amendment 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 during
    such period no voting qualification or prerequisite to voting or
    standard, practice, or procedure 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
    1973b(f)(2) of this title: Provided, That such qualification,
    prerequisite, standard, practice, or procedure may be enforced if
    the qualification, prerequisite, standard, practice, or procedure
    has been submitted by the chief legal officer or other appropriate
    official of such State or subdivision to the Attorney General and
    the Attorney General has not interposed an objection within sixty
    days after such submission, except that neither the court's finding
    nor the Attorney General's failure to object shall bar a subsequent
    action to enjoin enforcement of such qualification, prerequisite,
    standard, practice, or procedure.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 3, Aug. 6, 1965, 79 Stat. 437;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314; amended Pub. L. 94-73, title II, Secs. 205, 206, title IV,
    Secs. 401, 410, Aug. 6, 1975, 89 Stat. 402, 404, 406; 1978 Reorg.
    Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat.
    3783.)

-MISC1-
                                AMENDMENTS                            
      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 "Attorney General", and "on account of
    race or color or in contravention of the voting guarantees set
    forth in section 1973b(f)(2) of this title" for "on account of race
    or color".
      Subsec. (b). Pub. L. 94-73 substituted "Attorney General or an
    aggrieved person under any statute to enforce the voting guarantees
    of the fourteenth or fifteenth 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 section 1973b(f)(2) of this
    title" for "on account of race or color".
      Subsec. (c). Pub. L. 94-73 substituted "Attorney 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 violations of the fourteenth or
    fifteenth amendment" for "Attorney General under any statute to
    enforce the guarantees of the fifteenth amendment in any State or
    political subdivision the court finds that violations of the
    fifteenth amendment" and "on account of race or color, or in
    contravention of the voting guarantees set forth in section
    1973b(f)(2) of this title" for "on account of race or color".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" substituted for
    "United States Civil Service Commission" in subsec. (a) pursuant to
    Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783,
    set out under section 1101 of Title 5, Government Organization and
    Employees, which transferred all functions vested by statute in
    United States Civil Service Commission to Director of Office of
    Personnel Management (except as otherwise specified), effective
    Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107,
    Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

-End-

-CITE-
    42 USC Sec. 1973b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973b. Suspension of the use of tests or devices in
      determining eligibility to vote

-STATUTE-
    (a) Action by State or political subdivision for declaratory
      judgment of no denial or abridgement; three-judge district court;
      appeal to Supreme Court; retention of jurisdiction by three-judge
      court
      (1) To assure that the right of citizens of the United States to
    vote is not denied or abridged on account of race or color, no
    citizen shall be denied the right to vote in any Federal, State, or
    local election because of his failure to comply with any test or
    device in any State with respect to which the determinations have
    been made under the first two sentences of subsection (b) of this
    section or in any political subdivision of such State (as such
    subdivision existed on the date such determinations were made with
    respect to such State), though such determinations were not made
    with respect to such subdivision as a separate unit, or in any
    political subdivision with respect to which such determinations
    have been made as a separate unit, unless the United States
    District Court for the District of Columbia issues a declaratory
    judgment under this section. No citizen shall be denied the right
    to vote in any Federal, State, or local election because of his
    failure to comply with any test or device in any State with respect
    to which the determinations have been made under the third sentence
    of subsection (b) of this section or in any political subdivision
    of such State (as such subdivision existed on the date such
    determinations were made with respect to such State), though such
    determinations were not made with respect to such subdivision as a
    separate unit, or in any political subdivision with respect to
    which such determinations have been made as a separate unit, unless
    the United States District Court for the District of Columbia
    issues a declaratory judgment under this section. A declaratory
    judgment under this section shall issue only if such court
    determines that during the ten years preceding the filing of the
    action, and during the pendency of such action - 
        (A) no such test or device has been used within such State or
      political subdivision for the purpose or with the effect of
      denying or abridging the right to vote on account of race or
      color or (in the case of a State or subdivision seeking a
      declaratory judgment under the second sentence of this
      subsection) in contravention of the guarantees of subsection
      (f)(2) of this section;
        (B) no final judgment of any court of the United States, other
      than the denial of declaratory judgment under this section, has
      determined that denials or abridgements of the right to vote on
      account of race or color have occurred anywhere in the territory
      of such State or political subdivision or (in the case of a State
      or subdivision seeking a declaratory judgment under the second
      sentence of this subsection) that denials or abridgements of the
      right to vote in contravention of the guarantees of subsection
      (f)(2) of this section have occurred anywhere in the territory of
      such State or subdivision and no consent decree, settlement, or
      agreement has been entered into resulting in any abandonment of a
      voting practice challenged on such grounds; and no declaratory
      judgment under this section shall be entered during the pendency
      of an action commenced before the filing of an action under this
      section and alleging such denials or abridgements of the right to
      vote;
        (C) no Federal examiners under subchapters I-A to I-C of this
      chapter have been assigned to such State or political
      subdivision;
        (D) such State or political subdivision and all governmental
      units within its territory have complied with section 1973c of
      this title, including compliance with the requirement that no
      change covered by section 1973c of this title has been enforced
      without preclearance under section 1973c of this title, and have
      repealed all changes covered by section 1973c of this title to
      which the Attorney General has successfully objected or as to
      which the United States District Court for the District of
      Columbia has denied a declaratory judgment;
        (E) the Attorney General has not interposed any objection (that
      has not been overturned by a final judgment of a court) and no
      declaratory judgment has been denied under section 1973c of this
      title, with respect to any submission by or on behalf of the
      plaintiff or any governmental unit within its territory under
      section 1973c of this title, and no such submissions or
      declaratory judgment actions are pending; and
        (F) such State or political subdivision and all governmental
      units within its territory - 
          (i) have eliminated voting procedures and methods of election
        which inhibit or dilute equal access to the electoral process;
          (ii) have engaged in constructive efforts to eliminate
        intimidation and harassment of persons exercising rights
        protected under subchapters I-A to I-C of this chapter; and
          (iii) have engaged in other constructive efforts, such as
        expanded opportunity for convenient registration and voting for
        every person of voting age and the appointment of minority
        persons as election officials throughout the jurisdiction and
        at all stages of the election and registration process.

      (2) To assist the court in determining whether to issue a
    declaratory judgment under this subsection, the plaintiff shall
    present evidence of minority participation, including evidence of
    the levels of minority group registration and voting, changes in
    such levels over time, and disparities between minority-group and
    non-minority-group participation.
      (3) No declaratory judgment shall issue under this subsection
    with respect to such State or political subdivision if such
    plaintiff and governmental units within its territory have, during
    the period beginning ten years before the date the judgment is
    issued, engaged in violations of any provision of the Constitution
    or laws of the United States or any State or political subdivision
    with respect to discrimination in voting on account of race or
    color or (in the case of a State or subdivision seeking a
    declaratory judgment under the second sentence of this subsection)
    in contravention of the guarantees of subsection (f)(2) of this
    section unless the plaintiff establishes that any such violations
    were trivial, were promptly corrected, and were not repeated.
      (4) The State or political subdivision bringing such action shall
    publicize the intended commencement and any proposed settlement of
    such action in the media serving such State or political
    subdivision and in appropriate United States post offices. Any
    aggrieved party may as of right intervene at any stage in such
    action.
      (5) An action pursuant to this subsection 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 Supreme Court. The court shall retain jurisdiction of any
    action pursuant to this subsection for ten years after judgment and
    shall reopen the action upon motion of the Attorney General or any
    aggrieved person alleging that conduct has occurred which, had that
    conduct occurred during the ten-year periods referred to in this
    subsection, would have precluded the issuance of a declaratory
    judgment under this subsection. The court, upon such reopening,
    shall vacate the declaratory judgment issued under this section if,
    after the issuance of such declaratory judgment, a final judgment
    against the State or subdivision with respect to which such
    declaratory judgment was issued, or against any governmental unit
    within that State or subdivision, determines that denials or
    abridgements of the right to vote on account of race or color have
    occurred anywhere in the territory of such State or political
    subdivision or (in the case of a State or subdivision which sought
    a declaratory judgment under the second sentence of this
    subsection) that denials or abridgements of the right to vote in
    contravention of the guarantees of subsection (f)(2) of this
    section have occurred anywhere in the territory of such State or
    subdivision, or if, after the issuance of such declaratory
    judgment, a consent decree, settlement, or agreement has been
    entered into resulting in any abandonment of a voting practice
    challenged on such grounds.
      (6) If, after two years from the date of the filing of a
    declaratory judgment under this subsection, no date has been set
    for a hearing in such action, and that delay has not been the
    result of an avoidable delay on the part of counsel for any party,
    the chief judge of the United States District Court for the
    District of Columbia may request the Judicial Council for the
    Circuit of the District of Columbia to provide the necessary
    judicial resources to expedite any action filed under this section.
    If such resources are unavailable within the circuit, the chief
    judge shall file a certificate of necessity in accordance with
    section 292(d) of title 28.
      (7) The Congress shall reconsider the provisions of this section
    at the end of the fifteen-year period following the effective date
    of the amendments made by the Voting Rights Act Amendments of 1982.
      (8) The provisions of this section shall expire at the end of the
    twenty-five-year period following the effective date of the
    amendments made by the Voting Rights Act Amendments of 1982.
      (9) Nothing in this section shall prohibit the Attorney General
    from consenting to an entry of judgment if based upon a showing of
    objective and compelling evidence by the plaintiff, and upon
    investigation, he is satisfied that the State or political
    subdivision has complied with the requirements of subsection (a)(1)
    of this section. Any aggrieved party may as of right intervene at
    any stage in such action.
    (b) Required factual determinations necessary to allow suspension
      of compliance with tests and devices; publication in Federal
      Register
      The provisions of subsection (a) of this section shall apply in
    any State or in any political subdivision of a State which (1) the
    Attorney General determines maintained on November 1, 1964, any
    test or device, and with respect to which (2) the Director of the
    Census determines that less than 50 per centum of the persons of
    voting age residing therein were registered on November 1, 1964, or
    that less than 50 per centum of such persons voted in the
    presidential election of November 1964. On and after August 6,
    1970, in addition to any State or political subdivision of a State
    determined to be subject to subsection (a) of this section pursuant
    to the previous sentence, the provisions of subsection (a) of this
    section shall apply in any State or any political subdivision of a
    State which (i) the Attorney General determines maintained on
    November 1, 1968, any test or device, and with respect to which
    (ii) the Director of the Census determines that less than 50 per
    centum of the persons of voting age residing therein were
    registered on November 1, 1968, or that less than 50 per centum of
    such persons voted in the presidential election of November 1968.
    On and after August 6, 1975, in addition to any State or political
    subdivision of a State determined to be subject to subsection (a)
    of this section pursuant to the previous two sentences, the
    provisions of subsection (a) of this section shall apply in any
    State or any political subdivision of a State which (i) the
    Attorney General determines maintained on November 1, 1972, any
    test or device, and with respect to which (ii) the Director of the
    Census determines that less than 50 per centum of the citizens of
    voting age were registered on November 1, 1972, or that less than
    50 per centum of such persons voted in the Presidential election of
    November 1972.
      A determination or certification of the Attorney General or of
    the Director of the Census under this section or under section
    1973d or 1973k of this title shall not be reviewable in any court
    and shall be effective upon publication in the Federal Register.
    (c) "Test or device" defined
      The phrase "test or device" shall mean any requirement that a
    person as a prerequisite for voting or registration for voting (1)
    demonstrate the ability to read, write, understand, or interpret
    any matter, (2) demonstrate any educational achievement or his
    knowledge of any particular subject, (3) possess good moral
    character, or (4) prove his qualifications by the voucher of
    registered voters or members of any other class.
    (d) Required frequency, continuation and probable recurrence of
      incidents of denial or abridgement to constitute forbidden use of
      tests or devices
      For purposes of this section no State or political subdivision
    shall be determined to have engaged in the use of tests or devices
    for the purpose or with the effect of denying or abridging the
    right to vote on account of race or color, or in contravention of
    the guarantees set forth in subsection (f)(2) of this section if
    (1) incidents of such use 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.
    (e) Completion of requisite grade level of education in American-
      flag schools in which the predominant classroom language was
      other than English
      (1) Congress hereby declares that to secure the rights under the
    fourteenth amendment of persons educated in American-flag schools
    in which the predominant classroom language was other than English,
    it is necessary to prohibit the States from conditioning the right
    to vote of such persons on ability to read, write, understand, or
    interpret any matter in the English language.
      (2) No person who demonstrates that he has successfully completed
    the sixth primary grade in a public school in, or a private school
    accredited by, any State or territory, the District of Columbia, or
    the Commonwealth of Puerto Rico in which the predominant classroom
    language was other than English, shall be denied the right to vote
    in any Federal, State, or local election because of his inability
    to read, write, understand, or interpret any matter in the English
    language, except that in States in which State law provides that a
    different level of education is presumptive of literacy, he shall
    demonstrate that he has successfully completed an equivalent level
    of education in a public school in, or a private school accredited
    by, any State or territory, the District of Columbia, or the
    Commonwealth of Puerto Rico in which the predominant classroom
    language was other than English.
    (f) Congressional findings of voting discrimination against
      language minorities; prohibition of English-only elections; other
      remedial measures
      (1) The Congress finds that voting discrimination against
    citizens of language minorities is pervasive and national in scope.
    Such minority citizens are from environments in which the dominant
    language is other than English. In addition they have been denied
    equal educational opportunities by State and local governments,
    resulting in severe disabilities and continuing illiteracy in the
    English language. The Congress further finds that, where State and
    local officials conduct elections only in English, language
    minority citizens are excluded from participating in the electoral
    process. In many areas of the country, this exclusion is aggravated
    by acts of physical, economic, and political intimidation. The
    Congress declares that, in order to enforce the guarantees of the
    fourteenth and fifteenth amendments to the United States
    Constitution, it is necessary to eliminate such discrimination by
    prohibiting English-only elections, and by prescribing other
    remedial devices.
      (2) No voting qualification or prerequisite to voting, or
    standard, practice, or procedure shall be imposed or applied by any
    State or political subdivision to deny or abridge the right of any
    citizen of the United States to vote because he is a member of a
    language minority group.
      (3) In addition to the meaning given the term under subsection
    (c) of this section, the term "test or device" shall also mean any
    practice or requirement by which any State or political subdivision
    provided any registration or voting notices, forms, instructions,
    assistance, or other materials or information relating to the
    electoral process, including ballots, only in the English language,
    where the Director of the Census determines that more than five per
    centum of the citizens of voting age residing in such State or
    political subdivision are members of a single language minority.
    With respect to subsection (b) of this section, the term "test or
    device", as defined in this subsection, shall be employed only in
    making the determinations under the third sentence of that
    subsection.
      (4) Whenever any State or political subdivision subject to the
    prohibitions of the second sentence of subsection (a) of this
    section provides any registration or voting notices, forms,
    instructions, assistance, or other materials or information
    relating to the electoral process, including ballots, it shall
    provide them in the language of the applicable language minority
    group as well as in the English language: Provided, That where the
    language of the applicable minority group is oral or unwritten or
    in the case of Alaskan Natives and American Indians, if the
    predominate language is historically unwritten, the State or
    political subdivision is only required to furnish oral
    instructions, assistance, or other information relating to
    registration and voting.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 4, Aug. 6, 1965, 79 Stat. 438;
    renumbered title I and amended Pub. L. 91-285, Secs. 2-4, June 22,
    1970, 84 Stat. 314, 315; Pub. L. 94-73, title I, Sec. 101, title
    II, Secs. 201-203, 206, Aug. 6, 1975, 89 Stat. 400-402; Pub. L. 97-
    205, Sec. 2(a)-(c), June 29, 1982, 96 Stat. 131-133.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Voting Rights Act Amendments of 1982, referred to in subsec.
    (a)(7) and (8), is Pub. L. 97-205, June 29, 1982, 96 Stat. 131. The
    amendments made by that Act are governed by one of three effective
    dates as follows:
      (1) The substitution, in subsec. (a) of this section, of
    "nineteen years" for "seventeen years", the insertion, in subsec.
    (f)(4) of this section, of provisions relating to Alaskan Natives
    and American Indians if the predominate language is historically
    unwritten, and the amendment of sections 1973 and 1973aa-1a of this
    title are effective June 29, 1982.
      (2) The enactment of section 1973aa-6 of this title is effective
    Jan. 1, 1984.
      (3) The complete revision of subsec. (a) of this section by
    section 2(b) of Pub. L. 97-205 is effective on and after Aug. 5,
    1984.

-MISC1-
                                AMENDMENTS                            
      1982 - Subsec. (a). Pub. L. 97-205, Sec. 2(a), (b), substituted
    "nineteen years" for "seventeen years" in three places, effective
    June 29, 1982, and, effective on and after Aug. 5, 1985, completely
    revised subsec. (a). Prior to such revision, subsec. (a) consisted
    of 4 undesignated paragraphs reading as follows:
      "To assure that the right of citizens of the United States to
    vote is not denied or abridged on account of race or color, no
    citizen shall be denied the right to vote in any Federal, State, or
    local election because of his failure to comply with any test or
    device in any State with respect to which the determinations have
    been made under the first two sentences of subsection (b) of this
    section or in any political subdivision with respect to which such
    determinations have been made as a separate unit, unless the United
    States District Court for the District of Columbia in an action for
    a declaratory judgment brought by such State or subdivision against
    the United States has determined that no such test or device has
    been used during the seventeen years preceding the filing of the
    action for the purpose or with the effect of denying or abridging
    the right to vote on account of race or color: Provided, That no
    such declaratory judgment shall issue with respect to any plaintiff
    for a period of seventeen years after the entry of a final judgment
    of any court of the United States, other than the denial of a
    declaratory judgment under this section, whether entered prior to
    or after August 6, 1965, determining that denials or abridgments of
    the right to vote on account of race or color through the use of
    such tests or devices have occurred any where in the territory of
    such plaintiff. No citizen shall be denied the right to vote in any
    Federal, State, or local election because of his failure to comply
    with any test or device in any State with respect to which the
    determinations have been made under the third sentence of
    subsection (b) of this section or in any political subdivision with
    respect to which such determinations have been made as a separate
    unit, unless the United States District Court for the District of
    Columbia in an action for a declaratory judgment brought by such
    State or subdivision against the United States has determined that
    no such test or device has been used during the ten years preceding
    the filing of the action for the purpose or with the effect of
    denying or abridging the right to vote on account of race or color,
    or in contravention of the guarantees set forth in subsection
    (f)(2) of this section: Provided, That no such declaratory judgment
    shall issue with respect to any plaintiff for a period of ten years
    after the entry of a final judgment of any court of the United
    States, other than the denial of a declaratory judgment under this
    section, whether entered prior to or after the enactment of this
    paragraph, determining that denials or abridgments of the right to
    vote on account of race or color, or in contravention of the
    guarantees set forth in subsection (f)(2) of this section through
    the use of tests or devices have occurred anywhere in the territory
    of such plaintiff.
      "An action pursuant to this subsection 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 Supreme Court. The court shall retain jurisdiction of any
    action pursuant to this subsection for five years after judgment
    and shall reopen the action upon motion of the Attorney General
    alleging that a test or device has been used for the purpose or
    with the effect of denying or abridging the right to vote on
    account of race or color, or in contravention of the guarantees set
    forth in subsection (f)(2) of this section.
      "If the Attorney General determines that he has no reason to
    believe that any such test or device has been used during the
    seventeen years preceding the filing of an action under the first
    sentence of this subsection for the purpose or with the effect of
    denying or abridging the right to vote on account of race or color,
    he shall consent to the entry of such judgment.
      "If the Attorney General determines that he has no reason to
    believe that any such test or device has been used during the ten
    years preceding the filing of an action under the second sentence
    of this subsection for the purpose or with the effect of denying or
    abridging the right to vote on account of race or color, or in
    contravention of the guarantees set forth in subsection (f)(2) of
    this section, he shall consent to the entry of such judgment."
      Subsec. (f)(4). Pub. L. 97-205, Sec. 2(c), inserted "or in the
    case of Alaskan Natives and American Indians, if the predominate
    language is historically unwritten".
      1975 - Subsec. (a). Pub. L. 94-73, Secs. 101, 201, 206, in first
    par., substituted "seventeen years" for "ten years" in two places,
    and "determinations have been made under the first two sentences of
    subsection (b)" for "determinations have been made under subsection
    (b)", inserted provisions that no citizen shall be denied the right
    to vote in any Federal, State, or local election because of his
    failure to comply with any test or device in any state with respect
    to which the determinations have been made under the third sentence
    of subsection (b) of this section or in any political subdivision
    with respect to which such determinations have been made as a
    separate unit, unless the United States District Court for the
    District of Columbia in an action for a declaratory judgment
    brought by such state or subdivision against the United States has
    determined that no such test or device has been used during the ten
    years preceding the filing of the action for the purpose or with
    the effect of denying or abridging the right to vote on account of
    race or color, or in contravention of the guarantees set forth in
    subsection (f)(2) of this section with the proviso that no such
    declaratory judgment shall issue with respect to any plaintiff for
    a period of ten years after the entry of final judgment of any
    court of the United States, other than the denial of a declaratory
    judgment under this section, whether entered prior to or after the
    enactment of this paragraph, determining that denials or
    abridgments of the right to vote on account of race or color, or in
    contravention of the guarantees set forth in subsection (f)(2) of
    this section through the use of tests or devices have occurred
    anywhere in the territory of such plaintiff, in second par.,
    substituted "on account of race or color, or in contravention of
    the guarantees set forth in subsection (f)(2) of this section" for
    "on account of race or color", in third par., substituted
    "seventeen years preceding the filing of an action under the first
    sentence of this subsection" for "ten years preceding the filing of
    the action", and added fourth par.
      Subsec. (b). Pub. L. 94-73, Sec. 202, inserted provisions that on
    and after August 6, 1975, in addition to any State or political
    subdivision of a State determined to be subject to subsection (a)
    pursuant to the previous two sentences, the provisions of
    subsection (a) shall apply in any State or any political
    subdivision of a State which the Attorney General determines
    maintained on November 1, 1972, any test or device, and with
    respect to which the Director of the Census determines that less
    than 50 per centum of the citizens of voting age were registered on
    November 1, 1972, or that less than 50 per centum of such persons
    voted in the Presidential election of November, 1972.
      Subsec. (d). Pub. L. 94-73, Sec. 206, substituted "on account of
    race or color or in contravention of the guarantees set forth in
    section 1973b(f)(2) of this title" for "on account of race or
    color".
      Subsec. (f). Pub. L. 94-73, Sec. 203, added subsec. (f).
      1970 - Subsec. (a). Pub. L. 91-285, Sec. 3, substituted "ten" for
    "five" years in first and third pars.
      Subsec. (b). Pub. L. 91-285, Sec. 4, inserted provision
    respecting the making of factual determinations concerning
    maintenance of any test or device on Nov. 1, 1968, registration of
    less than 50 per centum of persons of voting age on Nov. 1, 1968,
    and voting by less than 50 per centum of such persons in the
    presidential election of November 1968.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by section 2(a), (c) of Pub. L. 97-205 effective June
    29, 1982, see section 6 of Pub. L. 97-205, set out as a note under
    section 1973 of this title.
      Section 2(b) of Pub. L. 97-205 provided that the amendment made
    by that section is effective on and after Aug. 5, 1984.

-End-

-CITE-
    42 USC Sec. 1973c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973c. Alteration of voting qualifications and procedures;
      action by State or political subdivision for declaratory judgment
      of no denial or abridgement of voting rights; three-judge
      district court; appeal to Supreme Court

-STATUTE-
      Whenever a State or political subdivision with respect to which
    the prohibitions set forth in section 1973b(a) of this title based
    upon determinations made under the first 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
    standard, practice, or procedure with respect to voting different
    from that in force or effect on November 1, 1964, or whenever a
    State or political subdivision with respect 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 standard,
    practice, or procedure with respect to voting different from that
    in force or effect on November 1, 1968, or whenever a State or
    political subdivision with respect to which the prohibitions set
    forth in section 1973b(a) of this title based upon determinations
    made under the third 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 standard, practice, or
    procedure with respect to voting different from that in force or
    effect on November 1, 1972, such State or subdivision may institute
    an action in the United States District Court for the District of
    Columbia for a declaratory judgment 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 guarantees set forth in section 1973b(f)(2) of this title, and
    unless and until the court enters such judgment no person shall be
    denied the right to vote for failure to comply with such
    qualification, prerequisite, standard, practice, or procedure:
    Provided, That such qualification, prerequisite, standard,
    practice, or procedure may be enforced without such proceeding if
    the qualification, prerequisite, standard, practice, or procedure
    has been submitted by the chief legal officer or other appropriate
    official of such State or subdivision to the Attorney General and
    the Attorney General has not interposed an objection within sixty
    days after such submission, or upon good cause shown, to facilitate
    an expedited approval within sixty days after such submission, the
    Attorney General has affirmatively indicated that such objection
    will not be made. Neither an affirmative indication by the Attorney
    General that no objection will be made, nor the Attorney General's
    failure to object, nor a declaratory judgment entered under this
    section shall bar a subsequent action to enjoin enforcement of such
    qualification, prerequisite, standard, practice, or procedure. In
    the event the Attorney General affirmatively indicates that no
    objection will be made within the sixty-day period following
    receipt of a submission, the Attorney General may reserve the right
    to reexamine the submission if additional information comes to his
    attention during the remainder of the sixty-day period which would
    otherwise require objection in accordance with this section. Any
    action under this section 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 Supreme Court.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 5, Aug. 6, 1965, 79 Stat. 439;
    renumbered title I and amended Pub. L. 91-285, Secs. 2, 5, June 22,
    1970, 84 Stat. 314, 315; Pub. L. 94-73, title II, Secs. 204, 206,
    title IV, Sec. 405, Aug. 6, 1975, 89 Stat. 402, 404.)

-MISC1-
                                AMENDMENTS                            
      1975 - Pub. L. 94-73 inserted "or whenever a State or political
    subdivision with respect to which the prohibitions set forth in
    section 1973b(a) of this title based upon determinations made under
    third 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 standard, practice, or procedure with
    respect to voting different from that in force or effect on
    November 1, 1972," after 1968, substituted "or upon good cause
    shown, to facilitate an expedited approval within sixty days after
    such submission, the Attorney General has affirmatively indicated
    that such objection will not be made. Neither an affirmative
    indication 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 contravention 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 objection will be made
    within the sixty-day period following receipt of a submission, the
    Attorney General may reserve the right to examine the submission if
    additional information comes to his attention during the remainder
    of the sixty-day period which would otherwise require objection in
    accordance with this section.
      1970 - Pub. L. 91-285 inserted "based upon determinations 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 respect 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 standard, practice, or
    procedure with respect to voting different from that in force or
    effect on November 1, 1968," after "1964,".

-End-

-CITE-
    42 USC Sec. 1973d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973d. Federal voting examiners; appointment

-STATUTE-
      Whenever (a) a court has authorized the appointment of examiners
    pursuant to the provisions of section 1973a(a) of this title, or
    (b) unless a declaratory judgment has been rendered under section
    1973b(a) of this title, the Attorney General certifies with respect
    to any political subdivision named in, or included within the scope
    of, determinations made under section 1973b(b) of this title that
    (1) he has received complaints in writing from twenty or more
    residents of such political subdivision alleging that they have
    been denied the right to vote under color of law on account of race
    or color, or in contravention of the guarantees set forth in
    section 1973b(f)(2) of this title, and that he believes such
    complaints to be meritorious, or (2) that in his judgment
    (considering, among other factors, whether the ratio of nonwhite
    persons to white persons registered to vote within such subdivision
    appears to him to be reasonably attributable to violations of the
    fourteenth or fifteenth amendment or whether substantial evidence
    exists that bona fide efforts are being made within such
    subdivision to comply with the fourteenth or fifteenth amendment),
    the appointment of examiners is otherwise necessary to enforce the
    guarantees of the fourteenth or fifteenth amendment, the Director
    of the Office of Personnel Management shall appoint as many
    examiners for such subdivision as the Director may deem appropriate
    to prepare and maintain lists of persons eligible to vote in
    Federal, State, and local elections. Such examiners, hearing
    officers provided for in section 1973g(a) of this title and other
    persons deemed necessary by the Director to carry out the
    provisions and purposes of subchapters I-A to I-C of this chapter
    shall be appointed, compensated, and separated without regard to
    the provisions of any statute administered by the Director of the
    Office of Personnel Management, and service under subchapters I-A
    to I-C of this chapter shall not be considered employment for the
    purposes of any statute administered by the Director of the Office
    of Personnel Management, except the provisions of subchapter III of
    chapter 73 of title 5 relating to political activities: Provided,
    That the Director is authorized, after consulting the head of the
    appropriate department or agency, to designate suitable persons in
    the official service of the United States, with their consent, to
    serve in these positions. Examiners and hearing officers shall have
    the power to administer oaths.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 6, Aug. 6, 1965, 79 Stat. 439;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314; amended Pub. L. 94-73, title II, Secs. 205, 206, Aug. 6, 1975,
    89 Stat. 402; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979,
    43 F.R. 36037, 92 Stat. 3783; Pub. L. 103-94, Sec. 5, Oct. 6, 1993,
    107 Stat. 1005.)

-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-94 substituted "the provisions of subchapter
    III of chapter 73 of title 5 relating to political activities" for
    "the provisions of section 9 of the Act of August 2, 1939, as
    amended (5 U.S.C. 118i), prohibiting partisan political activity".
      1975 - Pub. L. 94-73 inserted reference to fourteenth amendment
    in three places and substituted "on account of race or color, or in
    contravention of the guarantees set forth in section 1973b(f)(2) of
    this title" for "on account of race or color".

            EFFECTIVE DATE OF 1993 AMENDMENT; SAVINGS PROVISION        
      Amendment by Pub. L. 103-94 effective 120 days after Oct. 6,
    1993, but not to release or extinguish any penalty, forfeiture, or
    liability incurred under amended provision, which is to be treated
    as remaining in force for purpose of sustaining any proper
    proceeding or action for enforcement of that penalty, forfeiture,
    or liability, and no provision of Pub. L. 103-94 to affect any
    proceedings with respect to which charges were filed on or before
    120 days after Oct. 6, 1993, with orders to be issued in such
    proceedings and appeals taken therefrom as if Pub. L. 103-94 had
    not been enacted, see section 12 of Pub. L. 103-94, set out as an
    Effective Date; Savings Provision note under section 7321 of Title
    5, Government Organization and Employees.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management", "Director", and
    "the Director" substituted in text for "Civil Service Commission",
    "Commission", and "it", respectively, pursuant to Reorg. Plan No. 2
    of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under
    section 1101 of Title 5, Government Organization and Employees,
    which transferred all functions vested by statute in United States
    Civil Service Commission to Director of Office of Personnel
    Management (except as otherwise specified), effective Jan. 1, 1979,
    as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,
    44 F.R. 1055, set out under section 1101 of Title 5.

-End-

-CITE-
    42 USC Sec. 1973e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973e. Examination of applicants for registration

-STATUTE-
    (a) Form of application; requisite allegation of nonregistration
      The examiners for each political subdivision shall, at such
    places as the Director of the Office of Personnel Management shall
    by regulation designate, examine applicants concerning their
    qualifications for voting. An application to an examiner shall be
    in such form as the Director may require and shall contain
    allegations that the applicant is not otherwise registered to vote.
    (b) Placement of eligible voters on official lists; transmittal of
      lists
      Any person whom the examiner finds, in accordance with
    instructions received under section 1973g(b) of this title, to have
    the qualifications prescribed by State law not inconsistent with
    the Constitution and laws of the United States shall promptly be
    placed on a list of eligible voters. A challenge to such listing
    may be made in accordance with section 1973g(a) of this title and
    shall not be the basis for a prosecution under section 1973j of
    this title. The examiner shall certify and transmit such list, and
    any supplements as appropriate, at least once a month, to the
    offices of the appropriate election officials, with copies to the
    Attorney General and the attorney general of the State, and any
    such lists and supplements thereto transmitted during the month
    shall be available for public inspection on the last business day
    of the month and in any event not later than the forty-fifth day
    prior to any election. The appropriate State or local election
    official shall place such names on the official voting list. Any
    person whose name appears on the examiner's list shall be entitled
    and allowed to vote in the election district of his residence
    unless and until the appropriate election officials shall have been
    notified that such person has been removed from such list in
    accordance with subsection (d) of this section: Provided, That no
    person shall be entitled to vote in any election by virtue of
    subchapters I-A to I-C of this chapter unless his name shall have
    been certified and transmitted on such a list to the offices of the
    appropriate election officials at least forty-five days prior to
    such election.
    (c) Certificate of eligibility
      The examiner shall issue to each person whose name appears on
    such a list a certificate evidencing his eligibility to vote.
    (d) Removal of names from list by examiners
      A person whose name appears on such a list shall be removed
    therefrom by an examiner if (1) such person has been successfully
    challenged in accordance with the procedure prescribed in section
    1973g of this title, or (2) he has been determined by an examiner
    to have lost his eligibility to vote under State law not
    inconsistent with the Constitution and the laws of the United
    States.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 7, Aug. 6, 1965, 79 Stat. 440;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314; amended 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979,
    43 F.R. 36037, 92 Stat. 3783.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" and "Director"
    substituted for "Civil Service Commission" and "Commission",
    respectively, in subsec. (a) pursuant to Reorg. Plan No. 2 of 1978,
    Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101
    of Title 5, Government Organization and Employees, which
    transferred all functions vested by statute in United States Civil
    Service Commission to Director of Office of Personnel Management
    (except as otherwise specified), effective Jan. 1, 1979, as
    provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44
    F.R. 1055, set out under section 1101 of Title 5.

-End-

-CITE-
    42 USC Sec. 1973f                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973f. Observers at elections; assignment; duties; reports

-STATUTE-
      Whenever an examiner is serving under subchapters I-A to I-C of
    this chapter in any political subdivision, the Director of the
    Office of Personnel Management may assign, 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
    election in such subdivision for the purpose of observing whether
    persons who are entitled to vote are being permitted 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
    properly tabulated. Such persons so assigned shall report to an
    examiner appointed for such political subdivision, to the Attorney
    General, and if the appointment of examiners has been authorized
    pursuant to section 1973a(a) of this title, to the court.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 8, Aug. 6, 1965, 79 Stat. 441;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314; amended 1978 Reorg. Plan. No. 2, Sec. 102, eff. Jan. 1, 1979,
    43 F.R. 36037, 92 Stat. 3783.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" substituted in
    text for "Civil Service Commission" pursuant to Reorg. Plan No. 2
    of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under
    section 1101 of Title 5, Government Organization and Employees,
    which transferred all functions vested by statute in United States
    Civil Service Commission to Director of Office of Personnel
    Management (except as otherwise specified), effective Jan. 1, 1979,
    as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,
    44 F.R. 1055, set out under section 1101 of Title 5.

-End-

-CITE-
    42 USC Sec. 1973g                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973g. Challenges to eligibility listings

-STATUTE-
    (a) Filing of challenge; supplementary affidavits; service upon
      person challenged; hearing; review
      Any challenge to a listing on an eligibility list prepared by an
    examiner shall be heard and determined by a hearing officer
    appointed by and responsible to the Director of the Office of
    Personnel Management and under such rules as the Director shall by
    regulation prescribe. Such challenge shall be entertained only if
    filed at such office within the State as the Director of the Office
    of Personnel Management shall by regulation designate, and within
    ten days after the listing of the challenged person is made
    available for public inspection, and if supported by (1) the
    affidavits of at least two persons having personal knowledge of the
    facts constituting grounds for the challenge, and (2) a
    certification that a copy of the challenge and affidavits have been
    served by mail or in person upon the person challenged at his place
    of residence set out in the application. Such challenge shall be
    determined within fifteen days after it has been filed. A petition
    for review of the decision of the hearing officer may be filed in
    the United States court of appeals for the circuit in which the
    person challenged resides within fifteen days after service of such
    decision by mail on the person petitioning for review but no
    decision of a hearing officer shall be reversed unless clearly
    erroneous. Any person listed shall be entitled and allowed to vote
    pending final determination by the hearing officer and by the
    court.
    (b) Rules and regulations by Director of the Office of Personnel
      Management
      The times, places, procedures, and form for application and
    listing pursuant to subchapters I-A to I-C of this chapter and
    removals from the eligibility lists shall be prescribed by
    regulations promulgated by the Director of the Office of Personnel
    Management and the Director shall, after consultation with the
    Attorney General, instruct examiners concerning applicable State
    law not inconsistent with the Constitution and laws of the United
    States with respect to (1) the qualifications required for listing,
    and (2) loss of eligibility to vote.
    (c) Subpena power of Director of the Office of Personnel
      Management; contempt
      Upon the request of the applicant or the challenger or on its own
    motion the Director of the Office of Personnel Management shall
    have the power to require by subpena the attendance and testimony
    of witnesses and the production of documentary evidence relating to
    any matter pending before the Director under the authority of this
    section. In case of contumacy or refusal to obey a subpena, any
    district court of the United States or the United States court of
    any territory or possession, or the District Court of the United
    States for the District of Columbia, within the jurisdiction of
    which said person guilty of contumacy or refusal to obey is found
    or resides or is domiciled or transacts business, or has appointed
    an agent for receipt of service of process, upon application by the
    Attorney General of the United States shall have jurisdiction to
    issue to such person an order requiring such person to appear
    before the Director or a hearing officer, there to produce
    pertinent, relevant, and nonprivileged documentary evidence if so
    ordered, or there to give testimony touching the matter under
    investigation; and any failure to obey such order of the court may
    be punished by said court as a contempt thereof.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 9, Aug. 6, 1965, 79 Stat. 441;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314; amended 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979,
    43 F.R. 36037, 92 Stat. 3783.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management", "Director", and
    "the Director" substituted in text for "Civil Service Commission",
    "Commission", and "it", respectively, pursuant to Reorg. Plan No. 2
    of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under
    section 1101 of Title 5, Government Organization and Employees,
    which transferred all functions vested by statute in United States
    Civil Service Commission to Director of Office of Personnel
    Management (except as otherwise specified), effective Jan. 1, 1979,
    as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,
    44 F.R. 1055, set out under section 1101 of Title 5.

-End-

-CITE-
    42 USC Sec. 1973h                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973h. Poll taxes

-STATUTE-
    (a) Congressional finding and declaration of policy 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 voting (i) precludes persons of limited
    means from voting or imposes unreasonable financial hardship 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 actions 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
    political 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 necessary to implement
    the declaration of subsection (a) of this section and the purposes
    of this section.
    (c) Jurisdiction of three-judge district courts; appeal 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 Supreme 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.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 10, Aug. 6, 1965, 79 Stat. 442;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314; amended Pub. L. 94-73, title IV, Sec. 408, Aug. 6, 1975, 89
    Stat. 405.)

-MISC1-
                                AMENDMENTS                            
      1975 - Subsec. (b). Pub. L. 94-73, Sec. 408(2), (3), inserted
    reference to section 2 of twenty-fourth amendment.
      Subsec. (d). Pub. L. 94-73, Sec. 408(1), struck out subsec. (d)
    which related to post-payment of poll taxes in event of a judicial
    declaration of constitutionality.

-End-

-CITE-
    42 USC Sec. 1973i                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973i. Prohibited acts

-STATUTE-
    (a) Failure or refusal to permit casting or tabulation of vote
      No person acting under color of law shall fail or refuse to
    permit any person to vote who is entitled to vote under any
    provision of subchapters I-A to I-C of this chapter 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 coerce, or attempt to intimidate,
    threaten, or coerce any person for voting or attempting to vote, or
    intimidate, threaten, or coerce, or attempt to intimidate,
    threaten, or coerce any person for urging or aiding any person to
    vote or attempt to vote, or intimidate, threaten, or coerce any
    person for exercising any powers or duties under section 1973a(a),
    1973d, 1973f, 1973g, 1973h, or 1973j(e) of this title.
    (c) False information in registering or voting; penalties
      Whoever knowingly or willfully gives false information 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 purpose 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
    elector, Member of the United States Senate, Member of the United
    States House of Representatives, Delegate from the District of
    Columbia, Guam, or the Virgin Islands, or Resident Commissioner of
    the Commonwealth of Puerto Rico.
    (d) Falsification or concealment of material facts or giving of
      false statements in matters within jurisdiction of examiners or
      hearing officers; penalties
      Whoever, in any matter within the jurisdiction of an examiner or
    hearing officer knowingly and willfully falsifies or conceals a
    material fact, or makes any false, fictitious, or fraudulent
    statements or representations, or makes or uses any false writing
    or document knowing the same to contain any false, fictitious, or
    fraudulent 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 election 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 elector, Member
    of the United States Senate, Member of the United States House of
    Representatives, Delegate from the District of Columbia, Guam, or
    the Virgin Islands, or Resident Commissioner 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 1973aa-1 of this title,
    to the extent two ballots are not cast for an election to the same
    candidacy or office.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 11, Aug. 6, 1965, 79 Stat. 443;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314; amended Pub. L. 91-405, title II, Sec. 204(e), Sept. 22, 1970,
    84 Stat. 853; Pub. L. 94-73, title IV, Secs. 404, 409, Aug. 6,
    1975, 89 Stat. 404, 405.)

-MISC1-
                                AMENDMENTS                            
      1975 - Subsec. (c). Pub. L. 94-73, Sec. 404, inserted reference
    to Guam and Virgin Islands.
      Subsec. (e). Pub. L. 94-73, Sec. 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.

                     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 Effective Date note under
    section 25a of Title 2, The Congress.

-End-

-CITE-
    42 USC Sec. 1973j                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973j. Civil and criminal sanctions

-STATUTE-
    (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 1973, 1973a, 1973b, 1973c, 1973e, or 1973h
    of this title or shall violate section 1973i(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 examiner has been appointed (1) destroys,
    defaces, mutilates, 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 secured rights
      Whoever conspires to violate the provisions of subsection (a) or
    (b) of this section, or interferes with any right secured by
    section 1973, 1973a, 1973b, 1973c, 1973e, 1973h, or 1973i(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 preventive 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 prohibited by section 1973, 1973a, 1973b, 1973c, 1973e,
    1973h, 1973i, or subsection (b) of this section, the Attorney
    General may institute for the United States, or in the name of the
    United States, an action for preventive relief, including an
    application for a temporary or permanent injunction, restraining
    order, or other order, and including an order directed to the State
    and State or local election officials to require them (1) to permit
    persons listed under subchapters I-A to I-C of this chapter to vote
    and (2) to count such votes.
    (e) Proceeding by Attorney General to enforce the counting of
      ballots of registered and eligible persons who are prevented from
      voting
      Whenever in any political subdivision in which there are
    examiners appointed pursuant to subchapters I-A to I-C of this
    chapter any persons allege to such an examiner within forty-eight
    hours after the closing of the polls that notwithstanding (1) their
    listing under subchapters I-A to I-C of this chapter or
    registration by an appropriate election official and (2) their
    eligibility to vote, they have not been permitted to vote in such
    election, the examiner shall forthwith notify the Attorney General
    if such allegations in his opinion appear to be well founded. Upon
    receipt of such notification, the Attorney General may forthwith
    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 total
    vote before the results of such election shall be deemed final and
    any force or effect given thereto. The district court shall hear
    and determine such matters immediately after the filing of such
    application. The remedy provided in this subsection shall not
    preclude any remedy available under State or Federal law.
    (f) Jurisdiction of district courts; exhaustion of administrative
      or other remedies unnecessary
      The district courts of the United States shall have jurisdiction
    of proceedings instituted pursuant to this section and shall
    exercise the same without regard to whether a person asserting
    rights under the provisions of subchapters I-A to I-C of this
    chapter shall have exhausted any administrative or other remedies
    that may be provided by law.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 12, Aug. 6, 1965, 79 Stat. 443; Pub.
    L. 90-284, title I, Sec. 103(c), Apr. 11, 1968, 82 Stat. 75;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314.)

-MISC1-
                                AMENDMENTS                            
      1968 - Subsecs. (a), (c). Pub. L. 90-284 struck out reference to
    violation of section 1973i(b) of this title.

-End-

-CITE-
    42 USC Sec. 1973k                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973k. Termination of listing procedures; basis for
      termination; survey or census by Director of the Census

-STATUTE-
      Listing procedures shall be terminated in any political
    subdivision of any State (a) with respect to examiners appointed
    pursuant to clause (b) of section 1973d of this title whenever the
    Attorney General notifies the Director of the Office of Personnel
    Management, or whenever the District Court for the District of
    Columbia determines in an action for declaratory judgment brought
    by any political subdivision with respect to which the Director of
    the Census has determined that more than 50 per centum of the
    nonwhite persons of voting age residing therein are registered to
    vote, (1) that all persons listed by an examiner for such
    subdivision have been placed on the appropriate voting registration
    roll, and (2) that there is no longer reasonable cause to believe
    that persons will be deprived of or denied the right to vote on
    account of race or color, or in contravention of the guarantees set
    forth in section 1973b(f)(2) of this title in such subdivision, and
    (b), with respect to examiners appointed pursuant to section
    1973a(a) of this title, upon order of the authorizing court. A
    political subdivision may petition the Attorney General for the
    termination of listing procedures under clause (a) of this section,
    and may petition the Attorney General to request the Director of
    the Census to take such survey or census as may be appropriate for
    the making of the determination provided for in this section. The
    District Court for the District of Columbia shall have jurisdiction
    to require such survey or census to be made by the Director of the
    Census and it shall require him to do so if it deems the Attorney
    General's refusal to request such survey or census to be arbitrary
    or unreasonable.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 13, Aug. 6, 1965, 79 Stat. 444;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314; amended Pub. L. 94-73, title II, Sec. 206, Aug. 6, 1975, 89
    Stat. 402; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43
    F.R. 36037, 92 Stat. 3783.)

-MISC1-
                                AMENDMENTS                            
      1975 - Pub. L. 94-73 substituted "on account of race or color, or
    in contravention of the guarantees set forth in section 1973b(f)(2)
    of this title" for "on account of race or color".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" substituted in
    text for "Civil Service Commission" pursuant to Reorg. Plan No. 2
    of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under
    section 1101 of Title 5, Government Organization and Employees,
    which transferred all functions vested by statute in United States
    Civil Service Commission to Director of Office of Personnel
    Management (except as otherwise specified), effective Jan. 1, 1979,
    as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,
    44 F.R. 1055, set out under section 1101 of Title 5.

-End-

-CITE-
    42 USC Sec. 1973l                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973l. Enforcement proceedings

-STATUTE-
    (a) Criminal contempt
      All cases of criminal contempt arising under the provisions of
    subchapters I-A to I-C of this chapter shall be governed by section
    1995 of this title.
    (b) Jurisdiction of courts for declaratory judgment, restraining
      orders, or temporary or permanent injunction
      No court other than the District Court for the District of
    Columbia or a court of appeals in any proceeding under section
    1973g of this title shall have jurisdiction to issue any
    declaratory judgment pursuant to section 1973b or 1973c of this
    title or any restraining order or temporary or permanent injunction
    against the execution or enforcement of any provision of
    subchapters I-A to I-C of this chapter or any action of any Federal
    officer or employee pursuant hereto.
    (c) Definitions
      (1) The terms "vote" or "voting" shall include all action
    necessary to make a vote effective in any primary, special, or
    general election, including, but not limited to, registration,
    listing pursuant to this subchapter, or other action required by
    law prerequisite to voting, casting a ballot, and having such
    ballot counted properly and included in the appropriate totals of
    votes cast with respect to candidates for public or party office
    and propositions for which votes are received 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 "language minority group"
    means persons who are American Indian, Asian American, Alaskan
    Natives or of Spanish heritage.
    (d) Subpenas
      In any action for a declaratory judgment brought pursuant to
    section 1973b or 1973c of this title, subpenas for witnesses who
    are required to attend the District Court for the District of
    Columbia may be served in any judicial district of the United
    States: Provided, That no writ of subpena shall issue for witnesses
    without the District 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 voting 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 as part of the costs.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 14, Aug. 6, 1965, 79 Stat. 445;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314; amended Pub. L. 94-73, title II, Sec. 207, title IV, Sec. 402,
    Aug. 6, 1975, 89 Stat. 402, 404.)

-MISC1-
                                AMENDMENTS                            
      1975 - Subsec. (c)(3). Pub. L. 94-73, Sec. 207, added par. (3).
      Subsec. (e). Pub. L. 94-73, Sec. 402, added subsec. (e).

-End-

-CITE-
    42 USC Sec. 1973m                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973m. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 89-110, title I, Sec. 16, Aug. 6, 1965, 79 Stat.
    445; renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84
    Stat. 314, authorized Attorney General and Secretary of Defense,
    jointly, to make a study to determine whether laws or practices of
    any State or States impose preconditions to voting resulting in
    discrimination against Armed Forces personnel seeking to vote and
    to make a report to Congress not later than June 30, 1966, with the
    results of such study and recommendations for legislation.

-End-

-CITE-
    42 USC Sec. 1973n                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973n. Impairment of voting rights of persons holding current
      registration

-STATUTE-
      Nothing in subchapters I-A to I-C of this chapter 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.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 17, Aug. 6, 1965, 79 Stat. 446;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314.)

-End-

-CITE-
    42 USC Sec. 1973o                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973o. Authorization of appropriations

-STATUTE-
      There are hereby authorized to be appropriated such sums as are
    necessary to carry out the provisions of subchapters I-A to I-C of
    this chapter.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 18, Aug. 6, 1965, 79 Stat. 446;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314.)

-End-

-CITE-
    42 USC Sec. 1973p                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-A - ENFORCEMENT OF VOTING RIGHTS

-HEAD-
    Sec. 1973p. Separability

-STATUTE-
      If any provision of subchapters I-A to I-C of this chapter or the
    application thereof to any person or circumstances is held invalid,
    the remainder of subchapters I-A to I-C of this chapter and the
    application of the provision to other persons not similarly
    situated or to other circumstances shall not be affected thereby.

-SOURCE-
    (Pub. L. 89-110, title I, Sec. 19, Aug. 6, 1965, 79 Stat. 446;
    renumbered title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat.
    314.)

-End-

-CITE-
    42 USC SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS

-HEAD-
                 SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS             

-End-

-CITE-
    42 USC Sec. 1973aa                                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS

-HEAD-
    Sec. 1973aa. Application of prohibition to other States; "test or
      device" defined

-STATUTE-
      (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 election conducted in any State or political subdivision
    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 voting (1) demonstrate the ability to read, write,
    understand, or interpret any matter, (2) demonstrate any
    educational achievement or his knowledge of any particular subject,
    (3) possess good moral character, or (4) prove his qualifications
    by the voucher of registered voters or members of any other class.

-SOURCE-
    (Pub. L. 89-110, title II, Sec. 201, as added Pub. L. 91-285, Sec.
    6, June 22, 1970, 84 Stat. 315; amended Pub. L. 94-73, title I,
    Sec. 102, Aug. 6, 1975, 89 Stat. 400.)

-MISC1-
                                AMENDMENTS                            
      1975 - Subsec. (a). Pub. L. 94-73 struck out "Prior to August 6,
    1975," and "as to which the provisions of section 1973b(a) of this
    title are not in effect by reason of determinations made under
    section 1973b(b) of this title".

-End-

-CITE-
    42 USC Sec. 1973aa-1                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS

-HEAD-
    Sec. 1973aa-1. Residence requirements for voting

-STATUTE-
    (a) Congressional findings
      The Congress hereby finds that the imposition and application of
    the durational residency requirement as a precondition to voting
    for the offices of President and Vice President, and the lack of
    sufficient opportunities for absentee registration and absentee
    balloting in presidential elections - 
        (1) denies or abridges the inherent constitutional right of
      citizens to vote for their President and Vice President;
        (2) denies or abridges the inherent constitutional right of
      citizens to enjoy their free movement across State lines;
        (3) denies or abridges the privileges and immunities 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
      guaranteed to them under the fourteenth amendment; and
        (6) does not bear a reasonable relationship to any compelling
      State interest in the conduct of presidential elections.
    (b) Congressional declaration: durational residency requirement,
      abolishment; absentee registration and balloting standards,
      establishment
      Upon the basis of these findings, Congress declares that in order
    to secure and protect the above-stated rights of citizens under the
    Constitution, 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 precondition to voting for President and
    Vice President, 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 absentee balloting
      No citizen of the United States who is otherwise qualified to
    vote in any election for President 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
    subdivision; nor shall any citizen of the United States 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 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 residents of such State who apply, not later than thirty
    days immediately prior to any presidential 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 ballots for the choice of electors for
    President and Vice President, or for President and Vice President,
    by all duly qualified residents of such State who may be absent
    from their election district or unit in such State on the day such
    election is held and who have applied therefor not later than seven
    days immediately prior to such election and have returned such
    ballots to the appropriate election official of such State not
    later than the time of closing of the polls in such State on the
    day of such election.
    (e) Change of residence; voting in person or by absentee ballot in
      State of prior residence
      If any citizen of the United States who is otherwise qualified to
    vote in any State or political subdivision in any election for
    President and Vice President has begun residence in such State or
    political subdivision after the thirtieth day next preceding such
    election and, for that reason, does not satisfy the registration
    requirements of such State or political subdivision he shall be
    allowed to vote for the choice of electors for President and Vice
    President, or for President and Vice President, in such election,
    (1) in person in the State or political subdivision in which he
    resided immediately prior to his removal if he had satisfied, as of
    the date of his change of residence, the requirements to vote in
    that State or political subdivision, or (2) by absentee ballot in
    the State or political subdivision in which he resided immediately
    prior to his removal if he satisfies, but for his nonresident
    status and the reason for his absence, the requirements for
    absentee voting in that State or political subdivision.
    (f) Absentee registration requirement
      No citizen of the United States who is otherwise qualified to
    vote by absentee ballot in any State or political subdivision in
    any election for President and Vice President shall be denied the
    right to vote for the choice of electors for President and Vice
    President, or for President and Vice President, in such election
    because of any requirement of registration that does not include a
    provision for absentee registration.
    (g) State or local adoption of less restrictive voting practices
      Nothing in this section shall prevent any State or political
    subdivision from adopting less restrictive voting practices than
    those that are prescribed herein.
    (h) "State" defined
      The term "State" as used in this section includes each of the
    several States and the District of Columbia.
    (i) False registration, and other fraudulent acts and conspiracies:
      application of penalty for false information in registering or
      voting
      The provisions of section 1973i(c) of this title shall apply to
    false registration, and other fraudulent acts and conspiracies,
    committed under this section.

-SOURCE-
    (Pub. L. 89-110, title II, Sec. 202, as added Pub. L. 91-285, Sec.
    6, June 22, 1970, 84 Stat. 316.)

-End-

-CITE-
    42 USC Sec. 1973aa-1a                                       01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS

-HEAD-
    Sec. 1973aa-1a. Bilingual election requirements

-STATUTE-
    (a) Congressional findings and declaration of policy
      The Congress finds that, through the use of various practices and
    procedures, citizens of language minorities have been effectively
    excluded from participation in the electoral process. Among other
    factors, the denial of the right to vote of such minority group
    citizens is ordinarily directly related to the unequal educational
    opportunities afforded them resulting in high illiteracy and low
    voting participation. The Congress declares that, in order to
    enforce the guarantees of the fourteenth and fifteenth amendments
    to the United States Constitution, it is necessary to eliminate
    such discrimination by prohibiting these practices, and by
    prescribing other remedial devices.
    (b) Bilingual voting materials requirement
      (1) Generally
        Before August 6, 2007, no covered State or political
      subdivision shall provide voting materials only in the English
      language.
      (2) Covered States and political subdivisions
        (A) Generally
          A State or political subdivision is a covered State or
        political subdivision for the purposes of this subsection if
        the Director of the Census determines, based on census data,
        that - 
            (i)(I) more than 5 percent of the citizens of voting age of
          such State or political subdivision are members of a single
          language minority and are limited-English proficient;
            (II) more than 10,000 of the citizens of voting age of such
          political subdivision are members of a single language
          minority and are limited-English proficient; or
            (III) in the case of a political subdivision that contains
          all or any part of an Indian reservation, more than 5 percent
          of the American Indian or Alaska Native citizens of voting
          age within the Indian reservation are members of a single
          language minority and are limited-English proficient; and
            (ii) the illiteracy rate of the citizens in the language
          minority as a group is higher than the national illiteracy
          rate.
        (B) Exception
          The prohibitions of this subsection do not apply in any
        political subdivision that has less than 5 percent voting age
        limited-English proficient citizens of each language minority
        which comprises over 5 percent of the statewide limited-English
        proficient population of voting age citizens, unless the
        political subdivision is a covered political subdivision
        independently from its State.
      (3) Definitions
        As used in this section - 
          (A) the term "voting materials" means registration or voting
        notices, forms, instructions, assistance, or other materials or
        information relating to the electoral process, including
        ballots;
          (B) the term "limited-English proficient" means unable to
        speak or understand English adequately enough to participate in
        the electoral process;
          (C) the term "Indian reservation" means any area that is an
        American Indian or Alaska Native area, as defined by the Census
        Bureau for the purposes of the 1990 decennial census;
          (D) the term "citizens" means citizens of the United States;
        and
          (E) the term "illiteracy" means the failure to complete the
        5th primary grade.
      (4) Special rule
        The determinations of the Director of the Census under this
      subsection shall be effective upon publication in the Federal
      Register and shall not be subject to review in any court.
    (c) Requirement of voting notices, forms, instructions, assistance,
      or other materials and ballots in minority language
      Whenever any State or political subdivision subject to the
    prohibition of subsection (b) of this section provides any
    registration or voting notices, forms, instructions, assistance, or
    other materials or information relating to the electoral process,
    including ballots, it shall provide them in the language of the
    applicable minority group as well as in the English language:
    Provided, That where the language of the applicable minority group
    is oral or unwritten or in the case of Alaskan natives and American
    Indians, if the predominant language is historically unwritten, the
    State or political subdivision is only required to furnish oral
    instructions, assistance, or other information relating to
    registration and voting.
    (d) Action for declaratory judgment permitting English-only
      materials
      Any State or political subdivision subject to the prohibition of
    subsection (b) of this section, which seeks to provide English-only
    registration or voting materials or information, including ballots,
    may file an action against the United States in the United States
    District Court for a declaratory judgment permitting such
    provision. The court shall grant the requested relief if it
    determines that the illiteracy rate of the applicable language
    minority group within the State or political subdivision is equal
    to or less than the national illiteracy rate.
    (e) Definitions
      For purposes of this section, the term "language minorities" or
    "language minority group" means persons who are American Indian,
    Asian American, Alaskan Natives, or of Spanish heritage.

-SOURCE-
    (Pub. L. 89-110, title II, Sec. 203, as added Pub. L. 94-73, title
    III, Sec. 301, Aug. 6, 1975, 89 Stat. 402; amended Pub. L. 97-205,
    Secs. 2(d), 4, June 29, 1982, 96 Stat. 134; Pub. L. 102-344, Sec.
    2, Aug. 26, 1992, 106 Stat. 921.)

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b). Pub. L. 102-344 amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "Prior
    to August 6, 1992, no State or political subdivision shall provide
    registration or voting notices, forms, instructions, assistance, or
    other materials or information relating to the electoral process,
    including ballots, only in the English language if the Director of
    the Census determines (i) that more than 5 percent of the citizens
    of voting age of such State or political subdivision are members of
    a single language minority and (ii) that the illiteracy rate of
    such persons as a group is higher than the national illiteracy
    rate: Provided, That the prohibitions of this subsection shall not
    apply in any political subdivision which has less than five percent
    voting age citizens of each language minority which comprises over
    five percent of the statewide population of voting age citizens.
    For purposes of this subsection, illiteracy means the failure to
    complete the fifth primary grade. The determinations of the
    Director of the Census under this subsection shall be effective
    upon publication in the Federal Register and shall not be subject
    to review in any court."
      1982 - Subsec. (b). Pub. L. 97-205, Sec. 4, substituted "Prior to
    August 6, 1992" for "Prior to August 6, 1985".
      Subsec. (c). Pub. L. 97-205, Sec. 2(d), inserted "and American
    Indians" after "Alaskan natives".

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-205 effective June 29, 1982, see section
    6 of Pub. L. 97-205, set out as a note under section 1973 of this
    title.

       EXTENSION TO AUGUST 6, 1992, OF PROHIBITION ON USE OF VOTING
      INSTRUCTIONS, ASSISTANCE, OR OTHER MATERIALS OR INFORMATION IN
       ENGLISH ONLY; LIMITATIONS BASED ON 1980 CENSUS AND SUBSEQUENT
                                CENSUS DATA
      Section 4 of Pub. L. 97-205 provided in part that: "[T]he
    extension made by this section [amending subsec. (b) of this
    section] shall apply only to determinations made by the Director of
    the Census under clause (i) of section 203(b) [subsec. (b)(i) of
    this section] for members of a single language minority who do not
    speak or understand English adequately enough to participate in the
    electoral process when such a determination can be made by the
    Director of the Census based on the 1980 and subsequent census
    data."

-End-

-CITE-
    42 USC Sec. 1973aa-2                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS

-HEAD-
    Sec. 1973aa-2. Judicial relief; civil actions by the Attorney
      General; three-judge district court; appeal to Supreme Court

-STATUTE-
      Whenever the Attorney General has reason to believe that a State
    or political subdivision (a) has enacted or is seeking to
    administer any test or device as a prerequisite to voting in
    violation of the prohibition contained in section 1973aa of this
    title, or (b) undertakes to deny the right to vote in any election
    in violation of section 1973aa-1 or 1973aa-1a of this title, he may
    institute for the United States, or in the name of the United
    States, an action in a district court of the United States, in
    accordance with sections 1391 through 1393 (!1) of title 28, for a
    restraining order, a preliminary or permanent injunction, or such
    other order as he deems appropriate. An action under this
    subsection 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 be to the Supreme Court.

-SOURCE-
    (Pub. L. 89-110, title II, Sec. 204, formerly Sec. 203, as added
    Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 317; renumbered
    Sec. 204 and amended Pub. L. 94-73, title III, Secs. 302, 303,
    title IV, Sec. 406, Aug. 6, 1975, 89 Stat. 403, 405.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1393 of title 28, referred to in text, was repealed by
    Pub. L. 100-702, title X, Sec. 1001(a), Nov. 19, 1988, 102 Stat.
    4664.

-MISC1-
                                AMENDMENTS                            
      1975 - Pub. L. 94-73 inserted reference to section 1973aa-1a of
    this title and substituted reference to section 2284 of title 28
    for reference to section 2282 of title 28.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 1973aa-3                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS

-HEAD-
    Sec. 1973aa-3. Penalty

-STATUTE-
      Whoever shall deprive or attempt to deprive any person of any
    right secured by section 1973aa, 1973aa-1, or 1973aa-1a of this
    title shall be fined not more than $5,000, or imprisoned not more
    than five years, or both.

-SOURCE-
    (Pub. L. 89-110, title II, Sec. 205, formerly Sec. 204, as added
    Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 317; renumbered
    Sec. 205 and amended Pub. L. 94-73, title III, Secs. 302, 304, Aug.
    6, 1975, 89 Stat. 403.)

-MISC1-
                                AMENDMENTS                            
      1975 - Pub. L. 94-73 inserted reference to section 1973aa-1a of
    this title.

-End-

-CITE-
    42 USC Sec. 1973aa-4                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS

-HEAD-
    Sec. 1973aa-4. Separability

-STATUTE-
      If any provision of subchapters I-A to I-C of this chapter or the
    application of any provision thereof to any person or circumstance
    is judicially determined to be invalid, the remainder of
    subchapters I-A to I-C of this chapter or the application of such
    provision to other persons or circumstances shall not be affected
    by such determination.

-SOURCE-
    (Pub. L. 89-110, title II, Sec. 206, formerly Sec. 205, as added
    Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 318; renumbered
    Sec. 206, Pub. L. 94-73, title III, Sec. 302, Aug. 6, 1975, 89
    Stat. 403.)

-End-

-CITE-
    42 USC Sec. 1973aa-5                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS

-HEAD-
    Sec. 1973aa-5. Survey to compile registration and voting statistics

-STATUTE-
    (a) Elections to House of Representatives and elections designated
      by United States Commission on Civil Rights
      Congress hereby directs the Director of the Census forthwith to
    conduct a survey to compile registration and voting statistics: (i)
    in every State or political subdivision with respect to which the
    prohibitions of section 1973b(a) of this title are in effect, for
    every statewide general election for Members of the United States
    House of Representatives after January 1, 1974; and (ii) in every
    State or political subdivision for any election designated by the
    United States Commission on Civil Rights. Such surveys shall only
    include a count of citizens of voting age, race or color, and
    national origin, and a determination of the extent to which such
    persons are registered to vote and have voted in the elections
    surveyed.
    (b) Prohibition against compulsion to disclose personal data;
      advice of rights
      In any survey under subsection (a) of this section no person
    shall be compelled to disclose his race, color, national origin,
    political party affiliation, or how he voted (or the reasons
    therefor), nor shall any penalty be imposed for his failure or
    refusal to make such disclosures. Every person interrogated orally,
    by written survey or questionnaire, or by any other means with
    respect to such information shall be fully advised of his right to
    fail or refuse to furnish such information.
    (c) Report to Congress
      The Director of the Census shall, at the earliest practicable
    time, report to the Congress the results of every survey conducted
    pursuant to the provisions of subsection (a) of this section.
    (d) Confidentiality of information; penalties
      The provisions of section 9 and chapter 7 of title 13 shall apply
    to any survey, collection, or compilation of registration and
    voting statistics carried out under subsection (a) of this section.

-SOURCE-
    (Pub. L. 89-110, title II, Sec. 207, as added Pub. L. 94-73, title
    IV, Sec. 403, Aug. 6, 1975, 89 Stat. 404.)

-End-

-CITE-
    42 USC Sec. 1973aa-6                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-B - SUPPLEMENTAL PROVISIONS

-HEAD-
    Sec. 1973aa-6. Voting assistance for blind, disabled or illiterate
      persons

-STATUTE-
      Any voter who requires assistance to vote by reason of blindness,
    disability, or inability to read or write may be given assistance
    by a person of the voter's choice, other than the voter's employer
    or agent of that employer or officer or agent of the voter's union.

-SOURCE-
    (Pub. L. 89-110, title II, Sec. 208, as added Pub. L. 97-205, Sec.
    5, June 29, 1982, 96 Stat. 135.)

-MISC1-
                              EFFECTIVE DATE                          
      Section 5 of Pub. L. 97-205 provided that this section is
    effective Jan. 1, 1984.

-End-

-CITE-
    42 USC SUBCHAPTER I-C - EIGHTEEN-YEAR-OLD VOTING AGE        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-C - EIGHTEEN-YEAR-OLD VOTING AGE

-HEAD-
               SUBCHAPTER I-C - EIGHTEEN-YEAR-OLD VOTING AGE           

-End-

-CITE-
    42 USC Sec. 1973bb                                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-C - EIGHTEEN-YEAR-OLD VOTING AGE

-HEAD-
    Sec. 1973bb. Enforcement of twenty-sixth amendment

-STATUTE-
      (a)(1) The Attorney General is directed to institute, in the name
    of the United States, such actions against States or political
    subdivisions, including actions for injunctive relief, as he may
    determine to be necessary to implement the twenty-sixth article of
    amendment to the Constitution of the United States.
      (2) The district courts of the United States shall have
    jurisdiction of proceedings instituted under this subchapter, which
    shall be heard and determined by a court of three judges in
    accordance with section 2284 of title 28, and any appeal shall lie
    to the Supreme Court. It shall be the duty of the judges designated
    to hear the case to assign the case for hearing and determination
    thereof, and to cause the case to be in every way expedited.
      (b) Whoever shall deny or attempt to deny any person of any right
    secured by the twenty-sixth article of amendment to the
    Constitution of the United States shall be fined not more than
    $5,000 or imprisoned not more than five years, or both.

-SOURCE-
    (Pub. L. 89-110, title III, Sec. 301, as added Pub. L. 91-285, Sec.
    6, June 22, 1970, 84 Stat. 318; amended Pub. L. 94-73, title IV,
    Sec. 407, Aug. 6, 1975, 89 Stat. 405.)

-MISC1-
                                AMENDMENTS                            
      1975 - Pub. L. 94-73 substituted provisions authorizing the
    Attorney General to institute proceedings to enforce twenty-sixth
    amendment, the jurisdiction of the district courts, and penalties
    for denial of rights secured by twenty-sixth amendment, for
    provisions relating to Congressional findings and prohibition of
    denial of right to vote on account of age.

-End-

-CITE-
    42 USC Sec. 1973bb-1                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-C - EIGHTEEN-YEAR-OLD VOTING AGE

-HEAD-
    Sec. 1973bb-1. "State" defined

-STATUTE-
      As used in this subchapter, the term "State" includes the
    District of Columbia.

-SOURCE-
    (Pub. L. 89-110, title III, Sec. 302, as added Pub. L. 91-285, Sec.
    6, June 22, 1970, 84 Stat. 318; amended Pub. L. 94-73, title IV,
    Sec. 407, Aug. 6, 1975, 89 Stat. 405.)

-MISC1-
                                AMENDMENTS                            
      1975 - Pub. L. 94-73 substituted definition of State for
    provisions prohibiting denial of right to vote because of age.

-End-

-CITE-
    42 USC Secs. 1973bb-2 to 1973bb-4                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-C - EIGHTEEN-YEAR-OLD VOTING AGE

-HEAD-
    Secs. 1973bb-2 to 1973bb-4. Repealed. Pub. L. 94-73, title IV, Sec.
      407, Aug. 6, 1975, 89 Stat. 405

-MISC1-
      Section 1973bb-2, Pub. L. 89-110, title III, Sec. 303, as added
    Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 318, authorized the
    Attorney General to institute actions to enforce this subchapter,
    and provided for jurisdiction of district courts, appeals, and
    penalties for denial of rights secured by this subchapter. See
    section 1973bb of this title.
      Section 1973bb-3, Pub. L. 89-110, title III, Sec. 304, as added
    Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 319, defined
    "State". See section 1973bb-1 of this title.
      Section 1973bb-4, Pub. L. 89-10, title III, Sec. 305, as added
    Pub. L. 91-285, Sec. 6, June 22, 1970, 84 Stat. 319, provided for
    effective date of this subchapter.

-End-

-CITE-
    42 USC SUBCHAPTER I-D - FEDERAL ABSENTEE VOTING
           ASSISTANCE                                      01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-D - FEDERAL ABSENTEE VOTING ASSISTANCE

-HEAD-
            SUBCHAPTER I-D - FEDERAL ABSENTEE VOTING ASSISTANCE        

-End-

-CITE-
    42 USC Part I - Recommendation to States                    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-D - FEDERAL ABSENTEE VOTING ASSISTANCE
    Part I - Recommendation to States

-HEAD-
                     PART I - RECOMMENDATION TO STATES                 

-End-

-CITE-
    42 USC Secs. 1973cc to 1973cc-3                             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-D - FEDERAL ABSENTEE VOTING ASSISTANCE
    Part I - Recommendation to States

-HEAD-
    Secs. 1973cc to 1973cc-3. Repealed. Pub. L. 99-410, title II, Sec.
      203, Aug. 28, 1986, 100 Stat. 930

-MISC1-
      Section 1973cc, acts Aug. 9, 1955, ch. 656, title I, Sec. 101, 69
    Stat. 584; June 18, 1968, Pub. L. 90-343, Sec. 1, 82 Stat. 180;
    Nov. 4, 1978, Pub. L. 95-593, Sec. 7, 92 Stat. 2537, related to
    State enactment of absentee voting legislation and to covered
    persons. See sections 1973ff-1 and 1973ff-3 of this title.
      Section 1973cc-1, acts Aug. 9, 1955, ch. 656, title I, Sec. 102,
    69 Stat. 584; June 18, 1968, Pub. L. 90-344, Sec. 1(1), 82 Stat.
    181; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(19), 95 Stat. 154,
    related to balloting procedures. See section 1973ff-3 of this
    title.
      Section 1973cc-2, act Aug. 9, 1955, ch. 656, title I, Sec. 103,
    69 Stat. 585, related to availability of statistical data to assist
    Presidential designee in compiling comprehensive information of
    operations under this subchapter.
      Section 1973cc-3, act Aug. 9, 1955, ch. 656, title I, Sec. 104,
    as added June 18, 1968, Pub. L. 90-344, Sec. 1(2), 82 Stat. 181,
    related to legal residence for voting purposes of personnel
    residing on military installations.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal applicable with respect to elections taking place after
    Dec. 31, 1987, see section 204 of Pub. L. 99-410, set out as an
    Effective Date note under section 1973ff of this title.

-End-

-CITE-
    42 USC Part II - Responsibilities of Federal Government     01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-D - FEDERAL ABSENTEE VOTING ASSISTANCE
    Part II - Responsibilities of Federal Government

-HEAD-
             PART II - RESPONSIBILITIES OF FEDERAL GOVERNMENT         

-End-

-CITE-
    42 USC Secs. 1973cc-11 to 1973cc-15                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-D - FEDERAL ABSENTEE VOTING ASSISTANCE
    Part II - Responsibilities of Federal Government

-HEAD-
    Secs. 1973cc-11 to 1973cc-15. Repealed. Pub. L. 99-410, title II,
      Sec. 203, Aug. 28, 1986, 100 Stat. 930

-MISC1-
      Section 1973cc-11, acts Aug. 9, 1955, ch. 656, title II, Sec.
    201, 69 Stat. 585; Dec. 21, 1982, Pub. L. 97-375, title II, Sec.
    203(b), 96 Stat. 1823, provided for designation of Presidential
    designee to coordinate and facilitate Federal responsibilities and
    to report to the President and Congress. See section 1973ff(a) and
    (b) of this title.
      Section 1973cc-12, acts Aug. 9, 1955, ch. 656, title II, Sec.
    202, 69 Stat. 586; Nov. 4, 1978, Pub. L. 95-593, Sec. 8, 92 Stat.
    2537, related to acquisition and distribution by Presidential
    designee of current absentee voting information from each State.
      Section 1973c-13, acts Aug. 9, 1955, ch. 656, title II, Sec. 203,
    69 Stat. 586; June 18, 1968, Pub. L. 90-344, Sec. 1(3), 82 Stat.
    181; Nov. 4, 1978, Pub. L. 95-593, Sec. 9, 92 Stat. 2538, related
    to cooperation of Government officials, drafts of State
    legislation, and printing and transmitting of post cards. See
    section 1973ff(c) of this title.
      Section 1973cc-14, acts Aug. 9, 1955, ch. 656, title II, Sec.
    204, 69 Stat. 586; June 18, 1968, Pub. L. 90-343, Sec. 2, 82 Stat.
    181; June 18, 1968, Pub. L. 90-344, Sec. 1(4)-(6), 82 Stat. 182;
    Nov. 4, 1978, Pub. L. 95-593, Sec. 10, 92 Stat. 2538, related to
    form and content of post card application. See section 1973ff(b)(2)
    of this title.
      Section 1973cc-15, act Aug. 9, 1955, ch. 656, title II, Sec. 205,
    69 Stat. 588, related to use of prior post card form for election
    of Members of Congress.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal applicable with respect to elections taking place after
    Dec. 31, 1987, see section 204 of Pub. L. 99-410, set out as an
    Effective Date note under section 1973ff of this title.

-End-

-CITE-
    42 USC Part III - General Provisions                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-D - FEDERAL ABSENTEE VOTING ASSISTANCE
    Part III - General Provisions

-HEAD-
                       PART III - GENERAL PROVISIONS                   

-End-

-CITE-
    42 USC Secs. 1973cc-21 to 1973cc-26                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-D - FEDERAL ABSENTEE VOTING ASSISTANCE
    Part III - General Provisions

-HEAD-
    Secs. 1973cc-21 to 1973cc-26. Repealed. Pub. L. 99-410, title II,
      Sec. 203, Aug. 28, 1986, 100 Stat. 930

-MISC1-
      Section 1973cc-21, act Aug. 9, 1955, ch. 656, title III, Sec.
    301, 69 Stat. 588, provided definitions of terms used in this
    subchapter. See section 1973ff-6 of this title.
      Section 1973cc-22, act Aug. 9, 1955, ch. 656, title III, Sec.
    302, 69 Stat. 588, provided free postage for official post cards,
    ballots, voting instructions, and envelopes. See section 3406 of
    Title 39, Postal Service.
      Section 1973cc-23, act Aug. 9, 1955, ch. 656, title III, Sec.
    303, 69 Stat. 588, related to prevention of fraud and coercion.
      Section 1973cc-24, act Aug. 9, 1955, ch. 656, title III, Sec.
    304, 69 Stat. 589, provided that acts done in good faith do not
    constitute a violation of any provision of law relating to elective
    franchise.
      Section 1973cc-25, act Aug. 9, 1955, ch. 656, title III, Sec.
    305, 69 Stat. 589, provided that no undue influence be used by any
    officer but that nothing in this subchapter be deemed to prohibit
    free discussion regarding political issues or candidates for public
    office. See section 609 of Title 18, Crimes and Criminal Procedure.
      Section 1973cc-26, act Aug. 9, 1955, ch. 656, title III, Sec.
    308, 69 Stat. 589, authorized appropriations as necessary to carry
    out this subchapter.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal applicable with respect to elections taking place after
    Dec. 31, 1987, see section 204 of Pub. L. 99-410, set out as an
    Effective Date note under section 1973ff of this title.

-End-

-CITE-
    42 USC SUBCHAPTER I-E - VOTING RIGHTS OF OVERSEAS
           CITIZENS                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-E - VOTING RIGHTS OF OVERSEAS CITIZENS

-HEAD-
            SUBCHAPTER I-E - VOTING RIGHTS OF OVERSEAS CITIZENS        

-End-

-CITE-
    42 USC Secs. 1973dd to 1973dd-6                             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-E - VOTING RIGHTS OF OVERSEAS CITIZENS

-HEAD-
    Secs. 1973dd to 1973dd-6. Repealed. Pub. L. 99-410, title II, Sec.
      203, Aug. 28, 1986, 100 Stat. 930

-MISC1-
      Section 1973dd, Pub. L. 94-203, Sec. 2, Jan. 2, 1976, 89 Stat.
    1142; Pub. L. 95-593, Sec. 1, Nov. 4, 1978, 92 Stat. 2535, provided
    definitions of terms used in this subchapter. See section 1973ff-6
    of this title.
      Section 13973dd-1, Pub. L. 94-203, Sec. 3, Jan. 2, 1976, 89 Stat.
    1142; Pub. L. 95-593, Sec. 2, Nov. 4, 1978, 92 Stat. 2535, related
    to qualifications for registration and vote by absentee ballot.
      Section 1973dd-2, Pub. L. 94-203, Sec. 4, Jan. 2, 1976, 89 Stat.
    1143; Pub. L. 95-593, Sec. 3, Nov. 4, 1978, 92 Stat. 2535, related
    to State provisions concerning absentee registration or
    qualification and absentee ballots and to recommendations to States
    in carrying out the provisions of this section. See sections 1973ff-
    1 and 1973ff-3 of this title.
      Section 1973dd-2a, Pub. L. 94-203, Sec. 5, as added Pub. L. 95-
    593, Sec. 4(2), Nov. 4, 1978, 92 Stat. 2535, related to
    acquisition and dissemination by Presidential designee of current
    absentee voting information from each State.
      Section 1973dd-2b, Pub. L. 94-203, Sec. 6, as added Pub. L. 95-
    593, Sec. 4(2), Nov. 4, 1978, 92 Stat. 2536, related to printing
    and transmitting of voting material. See section 1973ff(c)(2) of
    this title and section 3406 of Title 39, Postal Service.
      Section 1973dd-3, Pub. L. 94-203, Sec. 7, formerly Sec. 5, Jan.
    2, 1976, 89 Stat. 1143; renumbered Sec. 7, Pub. L. 95-593, Sec.
    4(1), Nov. 4, 1978, 92 Stat. 2535, provided for enforcement by the
    Attorney General, jurisdiction of courts, and penalties for
    depriving or attempting to deprive persons of secured rights and
    giving or conspiring to give false information or paying or
    accepting money either for registration to vote or voting. See
    section 1973ff-4 of this title and section 608 of Title 18, Crimes
    and Criminal Procedure.
      Section 1973dd-4, Pub. L. 94-203, Sec. 8, formerly Sec. 6, Jan.
    2, 1976, 89 Stat. 1143; renumbered Sec. 8, Pub. L. 95-593, Sec.
    4(1), Nov. 4, 1978, 92 Stat. 2535, provided that if any provision
    of this subchapter is held invalid, the validity of the remainder
    of this subchapter not be affected.
      Section 1973dd-5, Pub. L. 94-203, Sec. 9, formerly Sec. 7, Jan.
    2, 1976, 89 Stat. 1144; renumbered Sec. 9 and amended Pub. L. 95-
    593, Secs. 4(1), 5, Nov. 4, 1978, 92 Stat. 2535, 2537, related to
    applicability of this subchapter to State registration requirements
    and voting practices and provided that exercise of any right to
    register or vote in Federal elections by any citizen outside the
    United States not affect the determination of residence or domicile
    for tax purposes. See section 1973ff-5 of this title.
      Section 1973dd-6, Pub. L. 94-203, Sec. 11, as added Pub. L. 95-
    593, Sec. 6, Nov. 4, 1978, 92 Stat. 2537, authorized
    appropriations as necessary to carry out this subchapter.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal applicable with respect to elections taking place after
    Dec. 31, 1987, see section 204 of Pub. L. 99-410, set out as an
    Effective Date note under section 1973ff of this title.

-End-

-CITE-
    42 USC SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE
           ELDERLY AND HANDICAPPED                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE ELDERLY AND
           HANDICAPPED                                   

-HEAD-
         SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE ELDERLY AND
                                HANDICAPPED

-End-

-CITE-
    42 USC Sec. 1973ee                                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE ELDERLY AND
           HANDICAPPED                                   

-HEAD-
    Sec. 1973ee. Congressional declaration of purpose

-STATUTE-
      It is the intention of Congress in enacting this subchapter to
    promote the fundamental right to vote by improving access for
    handicapped and elderly individuals to registration facilities and
    polling places for Federal elections.

-SOURCE-
    (Pub. L. 98-435, Sec. 2, Sept. 28, 1984, 98 Stat. 1678.)

-MISC1-
                              EFFECTIVE DATE                          
      Section 9 of Pub. L. 98-435 provided that: "This Act [enacting
    this subchapter] shall apply with respect to elections taking place
    after December 31, 1985."

                                SHORT TITLE                            
      This subchapter is known as the "Voting Accessibility for the
    Elderly and Handicapped Act", see Short Title note set out under
    section 1971 of this title.

-End-

-CITE-
    42 USC Sec. 1973ee-1                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE ELDERLY AND
           HANDICAPPED                                   

-HEAD-
    Sec. 1973ee-1. Selection of polling facilities

-STATUTE-
    (a) Accessibility to all polling places as responsibility of each
      political subdivision
      Within each State, except as provided in subsection (b) of this
    section, each political subdivision responsible for conducting
    elections shall assure that all polling places for Federal
    elections are accessible to handicapped and elderly voters.
    (b) Exception
      Subsection (a) of this section shall not apply to a polling place
    - 
        (1) in the case of an emergency, as determined by the chief
      election officer of the State; or
        (2) if the chief election officer of the State - 
          (A) determines that all potential polling places have been
        surveyed and no such accessible place is available, nor is the
        political subdivision able to make one temporarily accessible,
        in the area involved; and
          (B) assures that any handicapped or elderly voter assigned to
        an inaccessible polling place, upon advance request of such
        voter (pursuant to procedures established by the chief election
        officer of the State) - 
            (i) will be assigned to an accessible polling place, or
            (ii) will be provided with an alternative means for casting
          a ballot on the day of the election.
    (c) Report to Federal Election Commission
      (1) Not later than December 31 of each even-numbered year, the
    chief election officer of each State shall report to the Federal
    Election Commission, in a manner to be determined by the
    Commission, the number of accessible and inaccessible polling
    places in such State on the date of the preceding general Federal
    election, and the reasons for any instance of inaccessibility.
      (2) Not later than April 30 of each odd-numbered year, the
    Federal Election Commission shall compile the information reported
    under paragraph (1) and shall transmit that information to the
    Congress.
      (3) The provisions of this subsection shall only be effective for
    a period of 10 years beginning on September 28, 1984.

-SOURCE-
    (Pub. L. 98-435, Sec. 3, Sept. 28, 1984, 98 Stat. 1678.)

-End-

-CITE-
    42 USC Sec. 1973ee-2                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE ELDERLY AND
           HANDICAPPED                                   

-HEAD-
    Sec. 1973ee-2. Selection of registration facilities

-STATUTE-
      (a) Each State or political subdivision responsible for
    registration for Federal elections shall provide a reasonable
    number of accessible permanent registration facilities.
      (b) Subsection (a) of this section does not apply to any State
    that has in effect a system that provides an opportunity for each
    potential voter to register by mail or at the residence of such
    voter.

-SOURCE-
    (Pub. L. 98-435, Sec. 4, Sept. 28, 1984, 98 Stat. 1679.)

-End-

-CITE-
    42 USC Sec. 1973ee-3                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE ELDERLY AND
           HANDICAPPED                                   

-HEAD-
    Sec. 1973ee-3. Registration and voting aids

-STATUTE-
    (a) Printed instructions; telecommunications devices for the deaf
      Each State shall make available registration and voting aids for
    Federal elections for handicapped and elderly individuals,
    including - 
        (1) instructions, printed in large type, conspicuously
      displayed at each permanent registration facility and each
      polling place; and
        (2) information by telecommunications devices for the deaf.
    (b) Medical certification
      No notarization or medical certification shall be required of a
    handicapped voter with respect to an absentee ballot or an
    application for such ballot, except that medical certification may
    be required when the certification establishes eligibility, under
    State law - 
        (1) to automatically receive an application or a ballot on a
      continuing basis; or
        (2) to apply for an absentee ballot after the deadline has
      passed.
    (c) Notice of availability of aids
      The chief election officer of each State shall provide public
    notice, calculated to reach elderly and handicapped voters, of the
    availability of aids under this section, assistance under section
    1973aa-6 of this title, and the procedures for voting by absentee
    ballot, not later than general public notice of registration and
    voting is provided.

-SOURCE-
    (Pub. L. 98-435, Sec. 5, Sept. 28, 1984, 98 Stat. 1679.)

-End-

-CITE-
    42 USC Sec. 1973ee-4                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE ELDERLY AND
           HANDICAPPED                                   

-HEAD-
    Sec. 1973ee-4. Enforcement

-STATUTE-
    (a) Action for declaratory or injunctive relief
      If a State or political subdivision does not comply with this
    subchapter, the United States Attorney General or a person who is
    personally aggrieved by the noncompliance may bring an action for
    declaratory or injunctive relief in the appropriate district court.
    (b) Prerequisite notice of noncompliance
      An action may be brought under this section only if the plaintiff
    notifies the chief election officer of the State of the
    noncompliance and a period of 45 days has elapsed since the date of
    notification.
    (c) Attorney fees
      Notwithstanding any other provision of law, no award of attorney
    fees may be made with respect to an action under this section,
    except in any action brought to enforce the original judgment of
    the court.

-SOURCE-
    (Pub. L. 98-435, Sec. 6, Sept. 28, 1984, 98 Stat. 1679.)

-End-

-CITE-
    42 USC Sec. 1973ee-5                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE ELDERLY AND
           HANDICAPPED                                   

-HEAD-
    Sec. 1973ee-5. Relationship to Voting Rights Act of 1965

-STATUTE-
      This subchapter shall not be construed to impair any right
    guaranteed by the Voting Rights Act of 1965 (42 U.S.C. 1973 et
    seq.).

-SOURCE-
    (Pub. L. 98-435, Sec. 7, Sept. 28, 1984, 98 Stat. 1679.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Voting Rights Act of 1965, referred to in text, is Pub. L. 89-
    110, Aug. 6, 1965, 79 Stat. 437, as amended, which is classified
    generally to subchapters I-A (Sec. 1973 et seq.), I-B (Sec. 1973aa
    et seq.), and I-C (Sec. 1973bb et seq.) of this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1971 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 1973ee-6                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE ELDERLY AND
           HANDICAPPED                                   

-HEAD-
    Sec. 1973ee-6. Definitions

-STATUTE-
      As used in this subchapter, the term - 
        (1) "accessible" means accessible to handicapped and elderly
      individuals for the purpose of voting or registration, as
      determined under guidelines established by the chief election
      officer of the State involved;
        (2) "elderly" means 65 years of age or older;
        (3) "Federal election" means a general, special, primary, or
      runoff election for the office of President or Vice President, or
      of Senator or Representative in, or Delegate or Resident
      Commissioner to, the Congress;
        (4) "handicapped" means having a temporary or permanent
      physical disability; and
        (5) "State" means a State of the United States, the District of
      Columbia, the Commonwealth of Puerto Rico, and any territory or
      possesssion (!1) of the United States.

-SOURCE-
    (Pub. L. 98-435, Sec. 8, Sept. 28, 1984, 98 Stat. 1679.)

-FOOTNOTE-
    (!1) So in original. Probably should be "possession".

-End-

-CITE-
    42 USC SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT
           UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS
           IN ELECTIONS FOR FEDERAL OFFICE                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED
           SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR
           FEDERAL OFFICE                                

-HEAD-
       SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED
    SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to this subchapter were contained in
    subchapters I-D and I-E (1973cc et seq. and 1973dd et seq.) of this
    chapter prior to repeal by Pub. L. 99-410.

-End-

-CITE-
    42 USC Sec. 1973ff                                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED
           SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR
           FEDERAL OFFICE                                

-HEAD-
    Sec. 1973ff. Federal responsibilities

-STATUTE-
    (a) Presidential designee
      The President shall designate the head of an executive department
    to have primary responsibility for Federal functions under this
    subchapter.
    (b) Duties of Presidential designee
      The Presidential designee shall - 
        (1) consult State and local election officials in carrying out
      this subchapter, and ensure that such officials are aware of the
      requirements of this Act;
        (2) prescribe an official post card form, containing both an
      absentee voter registration application and an absentee ballot
      application, for use by the States as required under section
      1973ff-1(4) of this title;
        (3) carry out section 1973ff-2 of this title with respect to
      the Federal write-in absentee ballot for absent uniformed
      services voters and overseas voters in general elections for
      Federal office;
        (4) prescribe a suggested design for absentee ballot mailing
      envelopes for use by the States as recommended in section 1973ff-
      3 (!1) of this title;

        (5) compile and distribute (A) descriptive material on State
      absentee registration and voting procedures, and (B) to the
      extent practicable, facts relating to specific elections,
      including dates, offices involved, and the text of ballot
      questions;
        (6) not later than the end of each year after a Presidential
      election year, transmit to the President and the Congress a
      report on the effectiveness of assistance under this subchapter,
      including a statistical analysis of uniformed services voter
      participation, a separate statistical analysis of overseas
      nonmilitary participation, and a description of State-Federal
      cooperation; and
        (7) prescribe a standard oath for use with any document under
      this subchapter affirming that a material misstatement of fact in
      the completion of such a document may constitute grounds for a
      conviction for perjury.
    (c) Duties of other Federal officials
      (1) In general
        The head of each Government department, agency, or other entity
      shall, upon request of the Presidential designee, distribute
      balloting materials and otherwise cooperate in carrying out this
      subchapter.
      (2) Administrator of General Services
        As directed by the Presidential designee, the Administrator of
      General Services shall furnish official post card forms
      (prescribed under subsection (b) of this section) and Federal
      write-in absentee ballots (prescribed under section 1973ff-2 of
      this title).

-SOURCE-
    (Pub. L. 99-410, title I, Sec. 101, Aug. 28, 1986, 100 Stat. 924;
    Pub. L. 105-277, div. G, title XXII, Sec. 2219(c), Oct. 21, 1998,
    112 Stat. 2681-817; Pub. L. 107-107, div. A, title XVI, Sec.
    1606(a)(2), Dec. 28, 2001, 115 Stat. 1279; Pub. L. 107-252, title
    VII, Sec. 705(a), (b)(1), (c), Oct. 29, 2002, 116 Stat. 1724, 1725;
    Pub. L. 108-375, div. A, title V, Sec. 566(a), Oct. 28, 2004, 118
    Stat. 1919.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (b)(1), is Pub. L. 99-410, Aug.
    28, 1986, 100 Stat. 924, as amended, known as the Uniformed and
    Overseas Citizens Absentee Voting Act, which is classified
    principally to this subchapter. For complete classification of this
    Act to the Code, see Short Title of 1986 Amendment note set out
    under section 1971 of this title and Tables.
      Section 1973ff-3 of this title, referred to in subsec. (b)(4),
    was amended generally by Pub. L. 107-107, div. A, title XVI, Sec.
    1606(b), Dec. 28, 2001, 115 Stat. 1279, and, as so amended, no
    longer contains provisions relating to designs for absentee ballot
    mailing envelopes.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(3). Pub. L. 108-375 substituted "absent
    uniformed services voters and overseas voters" for "overseas
    voters".
      2002 - Subsec. (b)(1). Pub. L. 107-252, Sec. 705(a), inserted ",
    and ensure that such officials are aware of the requirements of
    this Act" before semicolon at end.
      Subsec. (b)(6). Pub. L. 107-252, Sec. 705(c), substituted "a
    separate statistical analysis" for "a general assessment".
      Subsec. (b)(7). Pub. L. 107-252, Sec. 705(b)(1), added par. (7).
      2001 - Subsec. (b)(2). Pub. L. 107-107 substituted "as required
    under section 1973ff-1(4) of this title" for "as recommended in
    section 1973ff-3 of this title".
      1998 - Subsec. (b)(6). Pub. L. 105-277 substituted "of uniformed
    services voter participation, a general assessment of overseas
    nonmilitary participation," for "of voter participation".

                              EFFECTIVE DATE                          
      Section 204 of Pub. L. 99-410 provided that: "The amendments and
    repeals made by this Act [see Short Title of 1986 Amendment note
    set out under section 1971 of this title] shall apply with respect
    to elections taking place after December 31, 1987."

           SENSE OF CONGRESS REGARDING THE IMPORTANCE OF VOTING       
      Pub. L. 107-107, div. A, title XVI, Sec. 1601, Dec. 28, 2001, 115
    Stat. 1274, provided that:
      "(a) Sense of Congress. - It is the sense of Congress that each
    person who is an administrator of a Federal, State, or local
    election - 
        "(1) should be aware of the importance of the ability of each
      uniformed services voter to exercise the right to vote; and
        "(2) should perform that person's duties as an election
      administrator with the intent to ensure that - 
          "(A) each uniformed services voter receives the utmost
        consideration and cooperation when voting;
          "(B) each valid ballot cast by such a voter is duly counted;
        and
          "(C) all eligible American voters, regardless of race,
        ethnicity, disability, the language they speak, or the
        resources of the community in which they live, should have an
        equal opportunity to cast a vote and to have that vote counted.
      "(b) Uniformed Services Voter Defined. - In this section, the
    term 'uniformed services voter' means - 
        "(1) a member of a uniformed service (as defined in section
      101(a)(5) of title 10, United States Code) in active service;
        "(2) a member of the merchant marine (as defined in section 107
      of the Uniformed and Overseas Citizens Absentee Voting Act (42
      U.S.C. 1973ff-6)); and
        "(3) a spouse or dependent of a member referred to in paragraph
      (1) or (2) who is qualified to vote."

                  ELECTRONIC VOTING DEMONSTRATION PROJECT              
      Pub. L. 107-107, div. A, title XVI, Sec. 1604, Dec. 28, 2001, 115
    Stat. 1277, as amended by Pub. L. 108-375, div. A, title V, Sec.
    567, Oct. 28, 2004, 118 Stat. 1919, provided that:
      "(a) Establishment of Demonstration Project. - 
        "(1) In general. - Subject to paragraph (2), the Secretary of
      Defense shall carry out a demonstration project under which
      absent uniformed services voters are permitted to cast ballots in
      the regularly scheduled general election for Federal office for
      November 2002 through an electronic voting system. The project
      shall be carried out with participation of sufficient numbers of
      absent uniformed services voters so that the results are
      statistically relevant.
        "(2) Authority to delay implementation. - If the Secretary of
      Defense determines that the implementation of the demonstration
      project under paragraph (1) with respect to the regularly
      scheduled general election for Federal office for November 2002
      may adversely affect the national security of the United States,
      the Secretary may delay the implementation of such demonstration
      project until the first regularly scheduled general election for
      Federal office which occurs after the Election Assistance
      Commission notifies the Secretary that the Commission has
      established electronic absentee voting guidelines and certifies
      that it will assist the Secretary in carrying out the project.
      The Secretary shall notify the Committee on Armed Services and
      the Committee on Rules and Administration of the Senate and the
      Committee on Armed Services and the Committee on House
      Administration of the House of Representatives of any decision to
      delay implementation of the demonstration project.
      "(b) Coordination With State Election Officials. - The Secretary
    shall carry out the demonstration project under this section
    through cooperative agreements with State election officials of
    States that agree to participate in the project.
      "(c) Report to Congress. - Not later than June 1 of the year
    following the year in which the demonstration project is conducted
    under this section, the Secretary of Defense shall submit to
    Congress a report analyzing the demonstration project. The
    Secretary shall include in the report any recommendations the
    Secretary considers appropriate for continuing the project on an
    expanded basis for absent uniformed services voters during the next
    regularly scheduled general election for Federal office.
      "(d) Definitions. - In this section:
        "(1) Absent uniformed services voter. - The term 'absent
      uniformed services voter' has the meaning given that term in
      section 107(1) of the Uniformed and Overseas Citizens Absentee
      Voting Act (42 U.S.C. 1973ff-6(1)).
        "(2) State. - The term 'State' includes the District of
      Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
      Islands, and American Samoa."

    GOVERNORS' REPORTS ON IMPLEMENTATION OF RECOMMENDATIONS FOR CHANGES
         IN STATE LAW MADE UNDER FEDERAL VOTING ASSISTANCE PROGRAM
      Pub. L. 107-107, div. A, title XVI, Sec. 1605, Dec. 28, 2001, 115
    Stat. 1277, provided that:
      "(a) Reports. - (1) Whenever a State receives a uniformed
    services voting assistance legislative recommendation from the
    Secretary of Defense, acting as the Presidential designee, the
    chief executive authority of that State shall, not later than 90
    days after receipt of that recommendation, provide a report on the
    status of implementation of that recommendation by that State.
      "(2) If a legislative recommendation referred to in paragraph (1)
    has been implemented, in whole or in part, by a State, the report
    of the chief executive authority of that State under that paragraph
    with respect to that recommendation shall include a description of
    the changes made to State law to implement the recommendation. If
    the recommendation has not been implemented, the report shall
    include a statement of the status of the recommendation before the
    State legislature and a statement of any recommendation the chief
    executive officer has made or intends to make to the legislature
    with respect to that recommendation.
      "(3) Any report under paragraph (1) shall be transmitted to the
    Secretary of Defense, acting as the Presidential designee. The
    Secretary shall transmit a copy of the response to each Member of
    Congress who represents that State.
      "(b) Period of Applicability. - This section applies with respect
    to any uniformed services voting assistance legislative
    recommendation transmitted to a State by the Secretary of Defense,
    acting as the Presidential designee, during the three-year period
    beginning on the date of the enactment of this Act [Dec. 28, 2001].
      "(c) Definitions. - In this section:
        "(1) The term 'uniformed services voting assistance legislative
      recommendation' means a recommendation of the Presidential
      designee for a modification in the laws of a State for the
      purpose of improving the access to the polls of absent uniformed
      services voters and overseas voters.
        "(2) The term 'Presidential designee' means the head of the
      executive department designated by the President under section
      101(a) of the Uniformed and Overseas Citizens Absentee Voting Act
      (42 U.S.C. 1973ff(a)).
        "(3) The term 'State' includes the District of Columbia, the
      Commonwealth of Puerto Rico, Guam, the Virgin Islands, and
      American Samoa.
        "(4) The term 'Member of Congress' includes a Delegate or
      Resident Commissioner to the Congress."

-EXEC-
        EX. ORD. NO. 12642. DESIGNATION OF SECRETARY OF DEFENSE AS
                           PRESIDENTIAL DESIGNEE
      Ex. Ord. No. 12642, June 8, 1988, 53 F.R. 21975, provided:
      By virtue of the authority vested in me as President by the
    Constitution and laws of the United States of America, including
    section 101(a) of the Uniformed and Overseas Citizens Absentee
    Voting Act (Public Law 99-410) ("the Act") [42 U.S.C. 1973ff(a)],
    it is hereby ordered as follows:
      Section 1. The Secretary of Defense is hereby designated as the
    "Presidential designee" under Title I of the Act [42 U.S.C. 1973ff
    et seq.].
      Sec. 2. In order to effectuate the purposes of the Act [see Short
    Title note above], the Secretary of Defense is hereby authorized to
    delegate any or all of the functions, responsibilities, powers,
    authority, or discretion devolving upon him in consequence of this
    Order to any person or persons within the Department of Defense.
                                                          Ronald Reagan.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 1973ff-1                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED
           SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR
           FEDERAL OFFICE                                

-HEAD-
    Sec. 1973ff-1. State responsibilities

-STATUTE-
    (a) In general
      Each State shall - 
        (1) permit absent uniformed services voters and overseas voters
      to use absentee registration procedures and to vote by absentee
      ballot in general, special, primary, and runoff elections for
      Federal office;
        (2) accept and process, with respect to any election for
      Federal office, any otherwise valid voter registration
      application and absentee ballot application from an absent
      uniformed services voter or overseas voter, if the application is
      received by the appropriate State election official not less than
      30 days before the election;
        (3) permit absent uniformed services voters and overseas voters
      to use Federal write-in absentee ballots (in accordance with
      section 1973ff-2 of this title) in general elections for Federal
      office;
        (4) use the official post card form (prescribed under section
      1973ff of this title) for simultaneous voter registration
      application and absentee ballot application; and
        (5) if the State requires an oath or affirmation to accompany
      any document under this subchapter, use the standard oath
      prescribed by the Presidential designee under section
      1973ff(b)(7) of this title.
    (b) Designation of single State office to provide information on
      registration and absentee ballot procedures for all voters in
      State
      (1) In general
        Each State shall designate a single office which shall be
      responsible for providing information regarding voter
      registration procedures and absentee ballot procedures to be used
      by absent uniformed services voters and overseas voters with
      respect to elections for Federal office (including procedures
      relating to the use of the Federal write-in absentee ballot) to
      all absent uniformed services voters and overseas voters who wish
      to register to vote or vote in any jurisdiction in the State.
      (2) Recommendation regarding use of office to accept and process
        materials
        Congress recommends that the State office designated under
      paragraph (1) be responsible for carrying out the State's duties
      under this Act, including accepting valid voter registration
      applications, absentee ballot applications, and absentee ballots
      (including Federal write-in absentee ballots) from all absent
      uniformed services voters and overseas voters who wish to
      register to vote or vote in any jurisdiction in the State.
    (c) Report on number of absentee ballots transmitted and received
      Not later than 90 days after the date of each regularly scheduled
    general election for Federal office, each State and unit of local
    government which administered the election shall (through the
    State, in the case of a unit of local government) submit a report
    to the Election Assistance Commission (established under the Help
    America Vote Act of 2002 [42 U.S.C. 15301 et seq.]) on the combined
    number of absentee ballots transmitted to absent uniformed services
    voters and overseas voters for the election and the combined number
    of such ballots which were returned by such voters and cast in the
    election, and shall make such report available to the general
    public.
    (d) Registration notification
      With respect to each absent uniformed services voter and each
    overseas voter who submits a voter registration application or an
    absentee ballot request, if the State rejects the application or
    request, the State shall provide the voter with the reasons for the
    rejection.

-SOURCE-
    (Pub. L. 99-410, title I, Sec. 102, Aug. 28, 1986, 100 Stat. 925;
    Pub. L. 107-107, div. A, title XVI, Sec. 1606(a)(1), Dec. 28, 2001,
    115 Stat. 1278; Pub. L. 107-252, title VII, Secs. 702, 703(a),
    705(b)(2), 707, Oct. 29, 2002, 116 Stat. 1723-1725; Pub. L. 108-
    375, div. A, title V, Sec. 566(b), Oct. 28, 2004, 118 Stat. 1919.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (b)(2), is Pub. L. 99-410, Aug.
    28, 1986, 100 Stat. 924, as amended, known as the Uniformed and
    Overseas Citizens Absentee Voting Act, which is classified
    principally to this subchapter. For complete classification of this
    Act to the Code, see Short Title of 1986 Amendment note set out
    under section 1971 of this title and Tables.
      The Help America Vote Act of 2002, referred to in subsec. (c), is
    Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666, which is classified
    principally to chapter 146 (Sec. 15301 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 15301 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(3). Pub. L. 108-375 substituted "absent
    uniformed services voters and overseas voters" for "overseas
    voters".
      2002 - Pub. L. 107-252, Sec. 702, designated existing provisions
    as subsec. (a) and added subsec. (b).
      Subsec. (a)(5). Pub. L. 107-252, Sec. 705(b)(2), added par. (5).
      Subsec. (c). Pub. L. 107-252, Sec. 703(a), added subsec. (c).
      Subsec. (d). Pub. L. 107-252, Sec. 707, added subsec. (d).
      2001 - Par. (2). Pub. L. 107-107, Sec. 1606(a)(1)(A), struck out
    "general, special, primary, or runoff" before "election for Federal
    office" and "and" after semicolon at end and inserted "and absentee
    ballot application" after "voter registration application".
      Par. (4). Pub. L. 107-107, Sec. 1606(a)(1)(B), (C), added par.
    (4).

              DEVELOPMENT OF STANDARDIZED FORMAT FOR REPORTS          
      Pub. L. 107-252, title VII, Sec. 703(b), Oct. 29, 2002, 116 Stat.
    1724, provided that: "The Election Assistance Commission, working
    with the Election Assistance Commission Board of Advisors and the
    Election Assistance Commission Standards Board, shall develop a
    standardized format for the reports submitted by States and units
    of local government under section 102(c) of the Uniformed and
    Overseas Citizens Absentee Voting Act [42 U.S.C. 1973ff-1(c)] (as
    added by subsection (a)), and shall make the format available to
    the States and units of local government submitting such reports."

-End-

-CITE-
    42 USC Sec. 1973ff-2                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED
           SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR
           FEDERAL OFFICE                                

-HEAD-
    Sec. 1973ff-2. Federal write-in absentee ballot in general
      elections for Federal office for absent uniformed services voters
      and overseas voters

-STATUTE-
    (a) In general
      The Presidential designee shall prescribe a Federal write-in
    absentee ballot (including a secrecy envelope and mailing envelope
    for such ballot) for use in general elections for Federal office by
    absent uniformed services voters and overseas voters who make
    timely application for, and do not receive, States, absentee
    ballots.
    (b) Submission and processing
      Except as otherwise provided in this subchapter, a Federal write-
    in absentee ballot shall be submitted and processed in the manner
    provided by law for absentee ballots in the State involved. A
    Federal write-in absentee ballot of an absent uniformed services
    voter or overseas voter shall not be counted - 
        (1) in the case of a ballot submitted by an overseas voter who
      is not an absent uniformed services voter, if the ballot is
      submitted from any location in the United States;
        (2) if the application of the absent uniformed services voter
      or overseas voter for a State absentee ballot is received by the
      appropriate State election official after the later of - 
          (A) the deadline of the State for receipt of such
        application; or
          (B) the date that is 30 days before the general election; or

        (3) if a State absentee ballot of the absent uniformed services
      voter or overseas voter is received by the appropriate State
      election official not later than the deadline for receipt of the
      State absentee ballot under State law.
    (c) Special rules
      The following rules shall apply with respect to Federal write-in
    absentee ballots:
        (1) In completing the ballot, the absent uniformed services
      voter or overseas voter may designate a candidate by writing in
      the name of the candidate or by writing in the name of a
      political party (in which case the ballot shall be counted for
      the candidate of that political party).
        (2) In the case of the offices of President and Vice President,
      a vote for a named candidate or a vote by writing in the name of
      a political party shall be counted as a vote for the electors
      supporting the candidate involved.
        (3) Any abbreviation, misspelling, or other minor variation in
      the form of the name of a candidate or a political party shall be
      disregarded in determining the validity of the ballot, if the
      intention of the voter can be ascertained.
    (d) Second ballot submission; instruction to absent uniformed
      services voter or overseas voter
      An absent uniformed services voter or overseas voter who submits
    a Federal write-in absentee ballot and later receives a State
    absentee ballot, may submit the State absentee ballot. The
    Presidential designee shall assure that the instructions for each
    Federal write-in absentee ballot clearly state that an absent
    uniformed services voter or overseas voter who submits a Federal
    write-in absentee ballot and later receives and submits a State
    absentee ballot should make every reasonable effort to inform the
    appropriate State election official that the voter has submitted
    more than one ballot.
    (e) Use of approved State absentee ballot in place of Federal write-
      in absentee ballot
      The Federal write-in absentee ballot shall not be valid for use
    in a general election if the State involved provides a State
    absentee ballot that - 
        (1) at the request of the State, is approved by the
      Presidential designee for use in place of the Federal write-in
      absentee ballot; and
        (2) is made available to absent uniformed services voters and
      overseas voters at least 60 days before the deadline for receipt
      of the State ballot under State law.
    (f) Certain States exempted
      A State is not required to permit use of the Federal write-in
    absentee ballot, if, on and after August 28, 1986, the State has in
    effect a law providing that - 
        (1) a State absentee ballot is required to be available to any
      voter described in section 1973ff-6(5)(A) of this title at least
      90 days before the general election involved; and
        (2) a State absentee ballot is required to be available to any
      voter described in section 1973ff-6(5)(B) or (C) of this title,
      as soon as the official list of candidates in the general
      election is complete.

-SOURCE-
    (Pub. L. 99-410, title I, Sec. 103, Aug. 28, 1986, 100 Stat. 925;
    Pub. L. 108-375, div. A, title V, Sec. 566(c), (d), Oct. 28, 2004,
    118 Stat. 1919.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-375, Sec. 566(d)(1), substituted "Federal
    write-in absentee ballot in general elections for Federal office
    for absent uniformed services voters and overseas voters" for
    "Federal write-in absentee ballot for overseas voters in general
    elections for Federal office" in section catchline.
      Subsec. (a). Pub. L. 108-375, Sec. 566(c)(1), substituted "absent
    uniformed services voters and overseas voters" for "overseas
    voters".
      Subsec. (b). Pub. L. 108-375, Sec. 566(c)(2), inserted second
    sentence and struck out former second sentence which read as
    follows: "A Federal write-in absentee ballot of an overseas voter
    shall not be counted - 
        "(1) if the ballot is submitted from any location in the United
      States;
        "(2) if the application of the overseas voter for a State
      absentee ballot is received by the appropriate State election
      official less than 30 days before the general election; or
        "(3) if a State absentee ballot of the overseas voter is
      received by the appropriate State election official not later
      than the deadline for receipt of the State absentee ballot under
      State law."
      Subsec. (c)(1). Pub. L. 108-375, Sec. 566(c)(3), substituted
    "absent uniformed services voter or overseas voter" for "overseas
    voter".
      Subsec. (d). Pub. L. 108-375, Sec. 566(c)(4), (d)(2), substituted
    "absent uniformed services voter or overseas voter" for "overseas
    voter" in heading and two places in text.
      Subsec. (e)(2). Pub. L. 108-375, Sec. 566(c)(5), substituted
    "absent uniformed services voters and overseas voters" for
    "overseas voters".

-End-

-CITE-
    42 USC Sec. 1973ff-3                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED
           SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR
           FEDERAL OFFICE                                

-HEAD-
    Sec. 1973ff-3. Use of single application for all subsequent
      elections

-STATUTE-
    (a) In general
      If a State accepts and processes an official post card form
    (prescribed under section 1973ff of this title) submitted by an
    absent uniformed services voter or overseas voter for simultaneous
    voter registration and absentee ballot application (in accordance
    with section 1973ff-1(a)(4) of this title) and the voter requests
    that the application be considered an application for an absentee
    ballot for each subsequent election for Federal office held in the
    State through the next 2 regularly scheduled general elections for
    Federal office (including any runoff elections which may occur as a
    result of the outcome of such general elections), the State shall
    provide an absentee ballot to the voter for each such subsequent
    election.
    (b) Exception for voters changing registration
      Subsection (a) of this section shall not apply with respect to a
    voter registered to vote in a State for any election held after the
    voter notifies the State that the voter no longer wishes to be
    registered to vote in the State or after the State determines that
    the voter has registered to vote in another State.
    (c) Revision of official post card form
      The Presidential designee shall revise the official post card
    form (prescribed under section 1973ff of this title) to enable a
    voter using the form to - 
        (1) request an absentee ballot for each election for Federal
      office held in a State during a year; or
        (2) request an absentee ballot for only the next scheduled
      election for Federal office held in a State.
    (d) No Effect on voter removal programs
      Nothing in this section may be construed to prevent a State from
    removing any voter from the rolls of registered voters in the State
    under any program or method permitted under section 1973gg-6 of
    this title.
    (e) Prohibition of refusal of applications on grounds of early
      submission
      A State may not refuse to accept or process, with respect to any
    election for Federal office, any otherwise valid voter registration
    application or absentee ballot application (including the postcard
    form prescribed under section 1973ff of this title) submitted by an
    absent uniformed services voter during a year on the grounds that
    the voter submitted the application before the first date on which
    the State otherwise accepts or processes such applications for that
    year submitted by absentee voters who are not members of the
    uniformed services.

-SOURCE-
    (Pub. L. 99-410, title I, Sec. 104, Aug. 28, 1986, 100 Stat. 926;
    Pub. L. 107-107, div. A, title XVI, Sec. 1606(b), Dec. 28, 2001,
    115 Stat. 1279; Pub. L. 107-252, title VII, Secs. 704, 706(a), Oct.
    29, 2002, 116 Stat. 1724, 1725.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-252, Sec. 704, substituted
    "through the next 2 regularly scheduled general elections for
    Federal office (including any runoff elections which may occur as a
    result of the outcome of such general elections), the State shall
    provide an absentee ballot to the voter for each such subsequent
    election" for "during that year, the State shall provide an
    absentee ballot to the voter for each subsequent election for
    Federal office held in the State during that year".
      Subsec. (e). Pub. L. 107-252, Sec. 706(a), added subsec. (e).
      2001 - Pub. L. 107-107 amended section catchline and text
    generally, substituting provisions relating to use of single
    application for all subsequent elections for provisions relating to
    recommendations to States to maximize access to polls by absent
    uniformed services voters and overseas voters.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-252, title VII, Sec. 706(b), Oct. 29, 2002, 116 Stat.
    1725, provided that: "The amendment made by subsection (a)
    [amending this section] shall apply with respect to elections for
    Federal office that occur after January 1, 2004."

-End-

-CITE-
    42 USC Sec. 1973ff-4                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED
           SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR
           FEDERAL OFFICE                                

-HEAD-
    Sec. 1973ff-4. Enforcement

-STATUTE-
      The Attorney General may bring a civil action in an appropriate
    district court for such declaratory or injunctive relief as may be
    necessary to carry out this subchapter.

-SOURCE-
    (Pub. L. 99-410, title I, Sec. 105, Aug. 28, 1986, 100 Stat. 927.)

-End-

-CITE-
    42 USC Sec. 1973ff-5                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED
           SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR
           FEDERAL OFFICE                                

-HEAD-
    Sec. 1973ff-5. Effect on certain other laws

-STATUTE-
      The exercise of any right under this subchapter shall not affect,
    for purposes of any Federal, State, or local tax, the residence or
    domicile of a person exercising such right.

-SOURCE-
    (Pub. L. 99-410, title I, Sec. 106, Aug. 28, 1986, 100 Stat. 927.)

-End-

-CITE-
    42 USC Sec. 1973ff-6                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED
           SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR
           FEDERAL OFFICE                                

-HEAD-
    Sec. 1973ff-6. Definitions

-STATUTE-
      As used in this subchapter, the term - 
        (1) "absent uniformed services voter" means - 
          (A) a member of a uniformed service on active duty who, by
        reason of such active duty, is absent from the place of
        residence where the member is otherwise qualified to vote;
          (B) a member of the merchant marine who, by reason of service
        in the merchant marine, is absent from the place of residence
        where the member is otherwise qualified to vote; and
          (C) a spouse or dependent of a member referred to in
        subparagraph (A) or (B) who, by reason of the active duty or
        service of the member, is absent from the place of residence
        where the spouse or dependent is otherwise qualified to vote;

        (2) "balloting materials" means official post card forms
      (prescribed under section 1973ff of this title), Federal write-in
      absentee ballots (prescribed under section 1973ff-2 of this
      title), and any State balloting materials that, as determined by
      the Presidential designee, are essential to the carrying out of
      this subchapter;
        (3) "Federal office" means the office of President or Vice
      President, or of Senator or Representative in, or Delegate or
      Resident Commissioner to, the Congress;
        (4) "member of the merchant marine" means an individual (other
      than a member of a uniformed service or an individual employed,
      enrolled, or maintained on the Great Lakes or the inland
      waterways) - 
          (A) employed as an officer or crew member of a vessel
        documented under the laws of the United States, or a vessel
        owned by the United States, or a vessel of foreign-flag
        registry under charter to or control of the United States; or
          (B) enrolled with the United States for employment or
        training for employment, or maintained by the United States for
        emergency relief service, as an officer or crew member of any
        such vessel;

        (5) "overseas voter" means - 
          (A) an absent uniformed services voter who, by reason of
        active duty or service is absent from the United States on the
        date of the election involved;
          (B) a person who resides outside the United States and is
        qualified to vote in the last place in which the person was
        domiciled before leaving the United States; or
          (C) a person who resides outside the United States and (but
        for such residence) would be qualified to vote in the last
        place in which the person was domiciled before leaving the
        United States.

        (6) "State" means a State of the United States, the District of
      Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
      Islands, and American Samoa;
        (7) "uniformed services" means the Army, Navy, Air Force,
      Marine Corps, and Coast Guard, the commissioned corps of the
      Public Health Service, and the commissioned corps of the National
      Oceanic and Atmospheric Administration; and
        (8) "United States", where used in the territorial sense, means
      the several States, the District of Columbia, the Commonwealth of
      Puerto Rico, Guam, the Virgin Islands, and American Samoa.

-SOURCE-
    (Pub. L. 99-410, title I, Sec. 107, Aug. 28, 1986, 100 Stat. 927.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-

-CITE-
    42 USC SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION

-HEAD-
               SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION           

-End-

-CITE-
    42 USC Sec. 1973gg                                          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION

-HEAD-
    Sec. 1973gg. Findings and purposes

-STATUTE-
    (a) Findings
      The Congress finds that - 
        (1) the right of citizens of the United States to vote is a
      fundamental right;
        (2) it is the duty of the Federal, State, and local governments
      to promote the exercise of that right; and
        (3) discriminatory and unfair registration laws and procedures
      can have a direct and damaging effect on voter participation in
      elections for Federal office and disproportionately harm voter
      participation by various groups, including racial minorities.
    (b) Purposes
      The purposes of this subchapter are - 
        (1) to establish procedures that will increase the number of
      eligible citizens who register to vote in elections for Federal
      office;
        (2) to make it possible for Federal, State, and local
      governments to implement this subchapter in a manner that
      enhances the participation of eligible citizens as voters in
      elections for Federal office;
        (3) to protect the integrity of the electoral process; and
        (4) to ensure that accurate and current voter registration
      rolls are maintained.

-SOURCE-
    (Pub. L. 103-31, Sec. 2, May 20, 1993, 107 Stat. 77.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 103-31, May 20, 1993, 107 Stat. 77, as
    amended, which is classified principally to this subchapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1971 of this title and Tables.

-MISC1-
                              EFFECTIVE DATE                          
      Section 13 of Pub. L. 103-31 provided that: "This Act [see Short
    Title note set out under section 1971 of this title] shall take
    effect - 
        "(1) with respect to a State that on the date of enactment of
      this Act [May 20, 1993] has a provision in the constitution of
      the State that would preclude compliance with this Act unless the
      State maintained separate Federal and State official lists of
      eligible voters, on the later of - 
          "(A) January 1, 1996; or
          "(B) the date that is 120 days after the date by which, under
        the constitution of the State as in effect on the date of
        enactment of this Act, it would be legally possible to adopt
        and place into effect any amendments to the constitution of the
        State that are necessary to permit such compliance with this
        Act without requiring a special election; and
        "(2) with respect to any State not described in paragraph (1),
      on January 1, 1995."

                                SHORT TITLE                            
      This subchapter is known as the "National Voter Registration Act
    of 1993", see Short Title note set out under section 1971 of this
    title.

                           PROOF OF CITIZENSHIP                       
      Pub. L. 104-132, title IX, Sec. 902, Apr. 24, 1996, 110 Stat.
    1317, provided that: "Notwithstanding any other provision of law, a
    Federal, State, or local government agency may not use a voter
    registration card (or other related document) that evidences
    registration for an election for Federal office, as evidence to
    prove United States citizenship."
      Similar provisions were contained in section 117 of H.R. 2076,
    One Hundred Fourth Congress, as passed by the House of
    Representatives on Dec. 6, 1995, and as enacted into law by Pub. L.
    104-91, title I, Sec. 101(a), Jan. 6, 1996, 110 Stat. 11, as
    amended by Pub. L. 104-99, title II, Sec. 211, Jan. 26, 1996, 110
    Stat. 37.

-End-

-CITE-
    42 USC Sec. 1973gg-1                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION

-HEAD-
    Sec. 1973gg-1. Definitions

-STATUTE-
      As used in this subchapter - 
        (1) the term "election" has the meaning stated in section
      431(1) of title 2;
        (2) the term "Federal office" has the meaning stated in section
      431(3) of title 2;
        (3) the term "motor vehicle driver's license" includes any
      personal identification document issued by a State motor vehicle
      authority;
        (4) the term "State" means a State of the United States and the
      District of Columbia; and
        (5) the term "voter registration agency" means an office
      designated under section 1973gg-5(a)(1) of this title to perform
      voter registration activities.

-SOURCE-
    (Pub. L. 103-31, Sec. 3, May 20, 1993, 107 Stat. 77.)

-End-

-CITE-
    42 USC Sec. 1973gg-2                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION

-HEAD-
    Sec. 1973gg-2. National procedures for voter registration for
      elections for Federal office

-STATUTE-
    (a) In general
      Except as provided in subsection (b) of this section,
    notwithstanding any other Federal or State law, in addition to any
    other method of voter registration provided for under State law,
    each State shall establish procedures to register to vote in
    elections for Federal office - 
        (1) by application made simultaneously with an application for
      a motor vehicle driver's license pursuant to section 1973gg-3 of
      this title;
        (2) by mail application pursuant to section 1973gg-4 of this
      title; and
        (3) by application in person - 
          (A) at the appropriate registration site designated with
        respect to the residence of the applicant in accordance with
        State law; and
          (B) at a Federal, State, or nongovernmental office designated
        under section 1973gg-5 of this title.
    (b) Nonapplicability to certain States
      This subchapter does not apply to a State described in either or
    both of the following paragraphs:
        (1) A State in which, under law that is in effect continuously
      on and after August 1, 1994, there is no voter registration
      requirement for any voter in the State with respect to an
      election for Federal office.
        (2) A State in which, under law that is in effect continuously
      on and after August 1, 1994, or that was enacted on or prior to
      August 1, 1994, and by its terms is to come into effect upon the
      enactment of this subchapter, so long as that law remains in
      effect, all voters in the State may register to vote at the
      polling place at the time of voting in a general election for
      Federal office.

-SOURCE-
    (Pub. L. 103-31, Sec. 4, May 20, 1993, 107 Stat. 78; Pub. L. 104-
    91, title I, Sec. 101(a), Jan. 6, 1996, 110 Stat. 11, amended Pub.
    L. 104-99, title II, Sec. 211, Jan. 26, 1996, 110 Stat. 37.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Upon the enactment of this subchapter, referred to in subsec.
    (b)(2), means the date of enactment of Pub. L. 103-31, which was
    approved May 20, 1993.

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 104-91 is based on section 116(a) of H.R.
    2076, One Hundred Fourth Congress, as passed by the House of
    Representatives on Dec. 6, 1995, which was enacted into law by Pub.
    L. 104-91.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-91, as amended by Pub. L. 104-99,
    substituted "August 1, 1994" for "March 11, 1993" wherever
    appearing.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 116(b) of H.R. 2076, One Hundred Fourth Congress, as
    passed by the House of Representatives on Dec. 6, 1995, and as
    enacted into law by Pub. L. 104-91, title I, Sec. 101(a), Jan. 6,
    1996, 110 Stat. 11, as amended by Pub. L. 104-99, title II, Sec.
    211, Jan. 26, 1996, 110 Stat. 37, provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect as
    if included in the provisions of the National Voter Registration
    Act of 1993 [Pub. L. 103-31]."

-End-

-CITE-
    42 USC Sec. 1973gg-3                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION

-HEAD-
    Sec. 1973gg-3. Simultaneous application for voter registration and
      application for motor vehicle driver's license

-STATUTE-
    (a) In general
      (1) Each State motor vehicle driver's license application
    (including any renewal application) submitted to the appropriate
    State motor vehicle authority under State law shall serve as an
    application for voter registration with respect to elections for
    Federal office unless the applicant fails to sign the voter
    registration application.
      (2) An application for voter registration submitted under
    paragraph (1) shall be considered as updating any previous voter
    registration by the applicant.
    (b) Limitation on use of information
      No information relating to the failure of an applicant for a
    State motor vehicle driver's license to sign a voter registration
    application may be used for any purpose other than voter
    registration.
    (c) Forms and procedures
      (1) Each State shall include a voter registration application
    form for elections for Federal office as part of an application for
    a State motor vehicle driver's license.
      (2) The voter registration application portion of an application
    for a State motor vehicle driver's license - 
        (A) may not require any information that duplicates information
      required in the driver's license portion of the form (other than
      a second signature or other information necessary under
      subparagraph (C));
        (B) may require only the minimum amount of information
      necessary to - 
          (i) prevent duplicate voter registrations; and
          (ii) enable State election officials to assess the
        eligibility of the applicant and to administer voter
        registration and other parts of the election process;

        (C) shall include a statement that - 
          (i) states each eligibility requirement (including
        citizenship);
          (ii) contains an attestation that the applicant meets each
        such requirement; and
          (iii) requires the signature of the applicant, under penalty
        of perjury;

        (D) shall include, in print that is identical to that used in
      the attestation portion of the application - 
          (i) the information required in section 1973gg-6(a)(5)(A) and
        (B) of this title;
          (ii) a statement that, if an applicant declines to register
        to vote, the fact that the applicant has declined to register
        will remain confidential and will be used only for voter
        registration purposes; and
          (iii) a statement that if an applicant does register to vote,
        the office at which the applicant submits a voter registration
        application will remain confidential and will be used only for
        voter registration purposes; and

        (E) shall be made available (as submitted by the applicant, or
      in machine readable or other format) to the appropriate State
      election official as provided by State law.
    (d) Change of address
      Any change of address form submitted in accordance with State law
    for purposes of a State motor vehicle driver's license shall serve
    as notification of change of address for voter registration with
    respect to elections for Federal office for the registrant involved
    unless the registrant states on the form that the change of address
    is not for voter registration purposes.
    (e) Transmittal deadline
      (1) Subject to paragraph (2), a completed voter registration
    portion of an application for a State motor vehicle driver's
    license accepted at a State motor vehicle authority shall be
    transmitted to the appropriate State election official not later
    than 10 days after the date of acceptance.
      (2) If a registration application is accepted within 5 days
    before the last day for registration to vote in an election, the
    application shall be transmitted to the appropriate State election
    official not later than 5 days after the date of acceptance.

-SOURCE-
    (Pub. L. 103-31, Sec. 5, May 20, 1993, 107 Stat. 78.)

-End-

-CITE-
    42 USC Sec. 1973gg-4                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION

-HEAD-
    Sec. 1973gg-4. Mail registration

-STATUTE-
    (a) Form
      (1) Each State shall accept and use the mail voter registration
    application form prescribed by the Federal Election Commission
    pursuant to section 1973gg-7(a)(2) of this title for the
    registration of voters in elections for Federal office.
      (2) In addition to accepting and using the form described in
    paragraph (1), a State may develop and use a mail voter
    registration form that meets all of the criteria stated in section
    1973gg-7(b) of this title for the registration of voters in
    elections for Federal office.
      (3) A form described in paragraph (1) or (2) shall be accepted
    and used for notification of a registrant's change of address.
    (b) Availability of forms
      The chief State election official of a State shall make the forms
    described in subsection (a) of this section available for
    distribution through governmental and private entities, with
    particular emphasis on making them available for organized voter
    registration programs.
    (c) First-time voters
      (1) Subject to paragraph (2), a State may by law require a person
    to vote in person if - 
        (A) the person was registered to vote in a jurisdiction by
      mail; and
        (B) the person has not previously voted in that jurisdiction.

      (2) Paragraph (1) does not apply in the case of a person - 
        (A) who is entitled to vote by absentee ballot under the
      Uniformed and Overseas Citizens Absentee Voting Act [42 U.S.C.
      1973ff et seq.];
        (B) who is provided the right to vote otherwise than in person
      under section 1973ee-1(b)(2)(B)(ii) of this title; or
        (C) who is entitled to vote otherwise than in person under any
      other Federal law.
    (d) Undelivered notices
      If a notice of the disposition of a mail voter registration
    application under section 1973gg-6(a)(2) of this title is sent by
    nonforwardable mail and is returned undelivered, the registrar may
    proceed in accordance with section 1973gg-6(d) of this title.

-SOURCE-
    (Pub. L. 103-31, Sec. 6, May 20, 1993, 107 Stat. 79.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Uniformed and Overseas Citizens Absentee Voting Act, referred
    to in subsec. (c)(2)(A), is Pub. L. 99-410, Aug. 28, 1986, 100
    Stat. 924, as amended, which is classified principally to
    subchapter I-G (Sec. 1973ff et seq.) of this chapter. For complete
    classification of this Act to the Code, see Short Title of 1986
    Amendment note set out under section 1971 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 1973gg-5                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION

-HEAD-
    Sec. 1973gg-5. Voter registration agencies

-STATUTE-
    (a) Designation
      (1) Each State shall designate agencies for the registration of
    voters in elections for Federal office.
      (2) Each State shall designate as voter registration agencies - 
        (A) all offices in the State that provide public assistance;
      and
        (B) all offices in the State that provide State-funded programs
      primarily engaged in providing services to persons with
      disabilities.

      (3)(A) In addition to voter registration agencies designated
    under paragraph (2), each State shall designate other offices
    within the State as voter registration agencies.
      (B) Voter registration agencies designated under subparagraph (A)
    may include - 
        (i) State or local government offices such as public libraries,
      public schools, offices of city and county clerks (including
      marriage license bureaus), fishing and hunting license bureaus,
      government revenue offices, unemployment compensation offices,
      and offices not described in paragraph (2)(B) that provide
      services to persons with disabilities; and
        (ii) Federal and nongovernmental offices, with the agreement of
      such offices.

      (4)(A) At each voter registration agency, the following services
    shall be made available:
        (i) Distribution of mail voter registration application forms
      in accordance with paragraph (6).
        (ii) Assistance to applicants in completing voter registration
      application forms, unless the applicant refuses such assistance.
        (iii) Acceptance of completed voter registration application
      forms for transmittal to the appropriate State election official.

      (B) If a voter registration agency designated under paragraph
    (2)(B) provides services to a person with a disability at the
    person's home, the agency shall provide the services described in
    subparagraph (A) at the person's home.
      (5) A person who provides service described in paragraph (4)
    shall not - 
        (A) seek to influence an applicant's political preference or
      party registration;
        (B) display any such political preference or party allegiance;
        (C) make any statement to an applicant or take any action the
      purpose or effect of which is to discourage the applicant from
      registering to vote; or
        (D) make any statement to an applicant or take any action the
      purpose or effect of which is to lead the applicant to believe
      that a decision to register or not to register has any bearing on
      the availability of services or benefits.

      (6) A voter registration agency that is an office that provides
    service or assistance in addition to conducting voter registration
    shall - 
        (A) distribute with each application for such service or
      assistance, and with each recertification, renewal, or change of
      address form relating to such service or assistance - 
          (i) the mail voter registration application form described in
        section 1973gg-7(a)(2) of this title, including a statement
        that - 
            (I) specifies each eligibility requirement (including
          citizenship);
            (II) contains an attestation that the applicant meets each
          such requirement; and
            (III) requires the signature of the applicant, under
          penalty of perjury; or

          (ii) the office's own form if it is equivalent to the form
        described in section 1973gg-7(a)(2) of this title,

      unless the applicant, in writing, declines to register to vote;
        (B) provide a form that includes - 
          (i) the question, "If you are not registered to vote where
        you live now, would you like to apply to register to vote here
        today?";
          (ii) if the agency provides public assistance, the statement,
        "Applying to register or declining to register to vote will not
        affect the amount of assistance that you will be provided by
        this agency.";
          (iii) boxes for the applicant to check to indicate whether
        the applicant would like to register or declines to register to
        vote (failure to check either box being deemed to constitute a
        declination to register for purposes of subparagraph (C)),
        together with the statement (in close proximity to the boxes
        and in prominent type), "IF YOU DO NOT CHECK EITHER BOX, YOU
        WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT
        THIS TIME.";
          (iv) the statement, "If you would like help in filling out
        the voter registration application form, we will help you. The
        decision whether to seek or accept help is yours. You may fill
        out the application form in private."; and
          (v) the statement, "If you believe that someone has
        interfered with your right to register or to decline to
        register to vote, your right to privacy in deciding whether to
        register or in applying to register to vote, or your right to
        choose your own political party or other political preference,
        you may file a complaint with _____.", the blank being filled
        by the name, address, and telephone number of the appropriate
        official to whom such a complaint should be addressed; and

        (C) provide to each applicant who does not decline to register
      to vote the same degree of assistance with regard to the
      completion of the registration application form as is provided by
      the office with regard to the completion of its own forms, unless
      the applicant refuses such assistance.

      (7) No information relating to a declination to register to vote
    in connection with an application made at an office described in
    paragraph (6) may be used for any purpose other than voter
    registration.
    (b) Federal Government and private sector cooperation
      All departments, agencies, and other entities of the executive
    branch of the Federal Government shall, to the greatest extent
    practicable, cooperate with the States in carrying out subsection
    (a) of this section, and all nongovernmental entities are
    encouraged to do so.
    (c) Armed Forces recruitment offices
      (1) Each State and the Secretary of Defense shall jointly develop
    and implement procedures for persons to apply to register to vote
    at recruitment offices of the Armed Forces of the United States.
      (2) A recruitment office of the Armed Forces of the United States
    shall be considered to be a voter registration agency designated
    under subsection (a)(2) of this section for all purposes of this
    subchapter.
    (d) Transmittal deadline
      (1) Subject to paragraph (2), a completed registration
    application accepted at a voter registration agency shall be
    transmitted to the appropriate State election official not later
    than 10 days after the date of acceptance.
      (2) If a registration application is accepted within 5 days
    before the last day for registration to vote in an election, the
    application shall be transmitted to the appropriate State election
    official not later than 5 days after the date of acceptance.

-SOURCE-
    (Pub. L. 103-31, Sec. 7, May 20, 1993, 107 Stat. 80.)

-EXEC-
     EX. ORD. NO. 12926. IMPLEMENTATION OF NATIONAL VOTER REGISTRATION
                                ACT OF 1993
      Ex. Ord. No. 12926, Sept. 12, 1994, 59 F.R. 47227, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section 301
    of title 3, United States Code, and in order to ensure, as required
    by section 7(b) of the National Voter Registration Act of 1993 (42
    U.S.C. 1973gg) [42 U.S.C. 1973gg-5(b)] ("the Act"), that
    departments, agencies, and other entities of the executive branch
    of the Federal Government cooperate with the States in carrying out
    the Act's requirements, it is hereby ordered as follows:
      Section 1. Assistance to States. To the greatest extent
    practicable, departments, agencies, and other entities of the
    executive branch of the Federal Government that provide, in whole
    or in part, funding, grants, or assistance for, or with respect to
    the administration of, any program of public assistance or services
    to persons with disabilities within the meaning of section 7(a) of
    the Act shall: (a) provide, to State agencies administering any
    such program, guidance for the implementation of the requirements
    of section 7 of the Act, including guidance for use and
    distribution of voter registration forms in connection with
    applications for service;
      (b) assist each such State agency administering any such program
    with the costs of implementation of the Act [42 U.S.C. 1973gg et
    seq.], consistent with legal authority and the availability of
    funds, and promptly indicate to each State agency the extent to
    which such assistance will be made available; and
      (c) designate an office or staff to be available to provide
    technical assistance to such State agencies.
      Sec. 2. Armed Forces Recruitment Offices. The Secretary of
    Defense is directed to work with the appropriate State elections
    authorities in each State to develop procedures for persons to
    apply to register to vote at Armed Forces recruitment offices as
    required by section 7(c) of the Act.
      Sec. 3. Acceptance of Designation. To the greatest extent
    practicable, departments, agencies, or other entities of the
    executive branch of the Federal Government, if requested to be
    designated as a voter registration agency pursuant to section
    7(a)(3)(B)(ii) of the Act, shall: (a) agree to such a designation
    if agreement is consistent with the department's, agency's, or
    entity's legal authority and availability of funds; and
      (b) ensure that all of its offices that are located in a
    particular State will have available to the public at least one of
    the national voter registration forms that are required under the
    Act to be available in that State.
                                                     William J. Clinton.

-End-

-CITE-
    42 USC Sec. 1973gg-6                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION

-HEAD-
    Sec. 1973gg-6. Requirements with respect to administration of voter
      registration

-STATUTE-
    (a) In general
      In the administration of voter registration for elections for
    Federal office, each State shall - 
        (1) ensure that any eligible applicant is registered to vote in
      an election - 
          (A) in the case of registration with a motor vehicle
        application under section 1973gg-3 of this title, if the valid
        voter registration form of the applicant is submitted to the
        appropriate State motor vehicle authority not later than the
        lesser of 30 days, or the period provided by State law, before
        the date of the election;
          (B) in the case of registration by mail under section 1973gg-
        4 of this title, if the valid voter registration form of the
        applicant is postmarked not later than the lesser of 30 days,
        or the period provided by State law, before the date of the
        election;
          (C) in the case of registration at a voter registration
        agency, if the valid voter registration form of the applicant
        is accepted at the voter registration agency not later than the
        lesser of 30 days, or the period provided by State law, before
        the date of the election; and
          (D) in any other case, if the valid voter registration form
        of the applicant is received by the appropriate State election
        official not later than the lesser of 30 days, or the period
        provided by State law, before the date of the election;

        (2) require the appropriate State election official to send
      notice to each applicant of the disposition of the application;
        (3) provide that the name of a registrant may not be removed
      from the official list of eligible voters except - 
          (A) at the request of the registrant;
          (B) as provided by State law, by reason of criminal
        conviction or mental incapacity; or
          (C) as provided under paragraph (4);

        (4) conduct a general program that makes a reasonable effort to
      remove the names of ineligible voters from the official lists of
      eligible voters by reason of - 
          (A) the death of the registrant; or
          (B) a change in the residence of the registrant, in
        accordance with subsections (b), (c), and (d) of this section;

        (5) inform applicants under sections 1973gg-3, 1973gg-4, and
      1973gg-5 of this title of - 
          (A) voter eligibility requirements; and
          (B) penalties provided by law for submission of a false voter
        registration application; and

        (6) ensure that the identity of the voter registration agency
      through which any particular voter is registered is not disclosed
      to the public.
    (b) Confirmation of voter registration
      Any State program or activity to protect the integrity of the
    electoral process by ensuring the maintenance of an accurate and
    current voter registration roll for elections for Federal office - 
        (1) shall be uniform, nondiscriminatory, and in compliance with
      the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.); and
        (2) shall not result in the removal of the name of any person
      from the official list of voters registered to vote in an
      election for Federal office by reason of the person's failure to
      vote, except that nothing in this paragraph may be construed to
      prohibit a State from using the procedures described in
      subsections (c) and (d) of this section to remove an individual
      from the official list of eligible voters if the individual - 
          (A) has not either notified the applicable registrar (in
        person or in writing) or responded during the period described
        in subparagraph (B) to the notice sent by the applicable
        registrar; and then
          (B) has not voted or appeared to vote in 2 or more
        consecutive general elections for Federal office.
    (c) Voter removal programs
      (1) A State may meet the requirement of subsection (a)(4) of this
    section by establishing a program under which - 
        (A) change-of-address information supplied by the Postal
      Service through its licensees is used to identify registrants
      whose addresses may have changed; and
        (B) if it appears from information provided by the Postal
      Service that - 
          (i) a registrant has moved to a different residence address
        in the same registrar's jurisdiction in which the registrant is
        currently registered, the registrar changes the registration
        records to show the new address and sends the registrant a
        notice of the change by forwardable mail and a postage prepaid
        pre-addressed return form by which the registrant may verify or
        correct the address information; or
          (ii) the registrant has moved to a different residence
        address not in the same registrar's jurisdiction, the registrar
        uses the notice procedure described in subsection (d)(2) of
        this section to confirm the change of address.

      (2)(A) A State shall complete, not later than 90 days prior to
    the date of a primary or general election for Federal office, any
    program the purpose of which is to systematically remove the names
    of ineligible voters from the official lists of eligible voters.
      (B) Subparagraph (A) shall not be construed to preclude - 
        (i) the removal of names from official lists of voters on a
      basis described in paragraph (3)(A) or (B) or (4)(A) of
      subsection (a) of this section; or
        (ii) correction of registration records pursuant to this
      subchapter.
    (d) Removal of names from voting rolls
      (1) A State shall not remove the name of a registrant from the
    official list of eligible voters in elections for Federal office on
    the ground that the registrant has changed residence unless the
    registrant - 
        (A) confirms in writing that the registrant has changed
      residence to a place outside the registrar's jurisdiction in
      which the registrant is registered; or
        (B)(i) has failed to respond to a notice described in paragraph
      (2); and
        (ii) has not voted or appeared to vote (and, if necessary,
      correct the registrar's record of the registrant's address) in an
      election during the period beginning on the date of the notice
      and ending on the day after the date of the second general
      election for Federal office that occurs after the date of the
      notice.

      (2) A notice is described in this paragraph if it is a postage
    prepaid and pre-addressed return card, sent by forwardable mail, on
    which the registrant may state his or her current address, together
    with a notice to the following effect:
        (A) If the registrant did not change his or her residence, or
      changed residence but remained in the registrar's jurisdiction,
      the registrant should return the card not later than the time
      provided for mail registration under subsection (a)(1)(B) of this
      section. If the card is not returned, affirmation or confirmation
      of the registrant's address may be required before the registrant
      is permitted to vote in a Federal election during the period
      beginning on the date of the notice and ending on the day after
      the date of the second general election for Federal office that
      occurs after the date of the notice, and if the registrant does
      not vote in an election during that period the registrant's name
      will be removed from the list of eligible voters.
        (B) If the registrant has changed residence to a place outside
      the registrar's jurisdiction in which the registrant is
      registered, information concerning how the registrant can
      continue to be eligible to vote.

      (3) A voting registrar shall correct an official list of eligible
    voters in elections for Federal office in accordance with change of
    residence information obtained in conformance with this subsection.
    (e) Procedure for voting following failure to return card
      (1) A registrant who has moved from an address in the area
    covered by a polling place to an address in the same area shall,
    notwithstanding failure to notify the registrar of the change of
    address prior to the date of an election, be permitted to vote at
    that polling place upon oral or written affirmation by the
    registrant of the change of address before an election official at
    that polling place.
      (2)(A) A registrant who has moved from an address in the area
    covered by one polling place to an address in an area covered by a
    second polling place within the same registrar's jurisdiction and
    the same congressional district and who has failed to notify the
    registrar of the change of address prior to the date of an
    election, at the option of the registrant - 
        (i) shall be permitted to correct the voting records and vote
      at the registrant's former polling place, upon oral or written
      affirmation by the registrant of the new address before an
      election official at that polling place; or
        (ii)(I) shall be permitted to correct the voting records and
      vote at a central location within the same registrar's
      jurisdiction designated by the registrar where a list of eligible
      voters is maintained, upon written affirmation by the registrant
      of the new address on a standard form provided by the registrar
      at the central location; or
        (II) shall be permitted to correct the voting records for
      purposes of voting in future elections at the appropriate polling
      place for the current address and, if permitted by State law,
      shall be permitted to vote in the present election, upon
      confirmation by the registrant of the new address by such means
      as are required by law.

      (B) If State law permits the registrant to vote in the current
    election upon oral or written affirmation by the registrant of the
    new address at a polling place described in subparagraph (A)(i) or
    (A)(ii)(II), voting at the other locations described in
    subparagraph (A) need not be provided as options.
      (3) If the registration records indicate that a registrant has
    moved from an address in the area covered by a polling place, the
    registrant shall, upon oral or written affirmation by the
    registrant before an election official at that polling place that
    the registrant continues to reside at the address previously made
    known to the registrar, be permitted to vote at that polling place.
    (f) Change of voting address within a jurisdiction
      In the case of a change of address, for voting purposes, of a
    registrant to another address within the same registrar's
    jurisdiction, the registrar shall correct the voting registration
    list accordingly, and the registrant's name may not be removed from
    the official list of eligible voters by reason of such a change of
    address except as provided in subsection (d) of this section.
    (g) Conviction in Federal court
      (1) On the conviction of a person of a felony in a district court
    of the United States, the United States attorney shall give written
    notice of the conviction to the chief State election official
    designated under section 1973gg-8 of this title of the State of the
    person's residence.
      (2) A notice given pursuant to paragraph (1) shall include - 
        (A) the name of the offender;
        (B) the offender's age and residence address;
        (C) the date of entry of the judgment;
        (D) a description of the offenses of which the offender was
      convicted; and
        (E) the sentence imposed by the court.

      (3) On request of the chief State election official of a State or
    other State official with responsibility for determining the effect
    that a conviction may have on an offender's qualification to vote,
    the United States attorney shall provide such additional
    information as the United States attorney may have concerning the
    offender and the offense of which the offender was convicted.
      (4) If a conviction of which notice was given pursuant to
    paragraph (1) is overturned, the United States attorney shall give
    the official to whom the notice was given written notice of the
    vacation of the judgment.
      (5) The chief State election official shall notify the voter
    registration officials of the local jurisdiction in which an
    offender resides of the information received under this subsection.
    (h) Omitted
    (i) Public disclosure of voter registration activities
      (1) Each State shall maintain for at least 2 years and shall make
    available for public inspection and, where available, photocopying
    at a reasonable cost, all records concerning the implementation of
    programs and activities conducted for the purpose of ensuring the
    accuracy and currency of official lists of eligible voters, except
    to the extent that such records relate to a declination to register
    to vote or to the identity of a voter registration agency through
    which any particular voter is registered.
      (2) The records maintained pursuant to paragraph (1) shall
    include lists of the names and addresses of all persons to whom
    notices described in subsection (d)(2) of this section are sent,
    and information concerning whether or not each such person has
    responded to the notice as of the date that inspection of the
    records is made.
    (j) "Registrar's jurisdiction" defined
      For the purposes of this section, the term "registrar's
    jurisdiction" means - 
        (1) an incorporated city, town, borough, or other form of
      municipality;
        (2) if voter registration is maintained by a county, parish, or
      other unit of government that governs a larger geographic area
      than a municipality, the geographic area governed by that unit of
      government; or
        (3) if voter registration is maintained on a consolidated basis
      for more than one municipality or other unit of government by an
      office that performs all of the functions of a voting registrar,
      the geographic area of the consolidated municipalities or other
      geographic units.

-SOURCE-
    (Pub. L. 103-31, Sec. 8, May 20, 1993, 107 Stat. 82; Pub. L. 107-
    252, title IX, Sec. 903, Oct. 29, 2002, 116 Stat. 1728.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Voting Rights Act of 1965, referred to in subsec. (b)(1), is
    Pub. L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended, which is
    classified generally to subchapters I-A (Sec. 1973 et seq.), I-B
    (Sec. 1973aa et seq.), and I-C (Sec. 1973bb et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 1971 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of section 8 of Pub. L. 103-31. Subsec. (h)
    of section 8 of Pub. L. 103-31 enacted section 3629 of Title 39,
    Postal Service, and amended sections 2401 and 3627 of Title 39.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b)(2). Pub. L. 107-252 inserted before period at
    end ", except that nothing in this paragraph may be construed to
    prohibit a State from using the procedures described in subsections
    (c) and (d) of this section to remove an individual from the
    official list of eligible voters if the individual - 
        "(A) has not either notified the applicable registrar (in
      person or in writing) or responded during the period described in
      subparagraph (B) to the notice sent by the applicable registrar;
      and then
        "(B) has not voted or appeared to vote in 2 or more consecutive
      general elections for Federal office".

-End-

-CITE-
    42 USC Sec. 1973gg-7                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION

-HEAD-
    Sec. 1973gg-7. Federal coordination and regulations

-STATUTE-
    (a) In general
      The Election Assistance Commission - 
        (1) in consultation with the chief election officers of the
      States, shall prescribe such regulations as are necessary to
      carry out paragraphs (2) and (3);
        (2) in consultation with the chief election officers of the
      States, shall develop a mail voter registration application form
      for elections for Federal office;
        (3) not later than June 30 of each odd-numbered year, shall
      submit to the Congress a report assessing the impact of this
      subchapter on the administration of elections for Federal office
      during the preceding 2-year period and including recommendations
      for improvements in Federal and State procedures, forms, and
      other matters affected by this subchapter; and
        (4) shall provide information to the States with respect to the
      responsibilities of the States under this subchapter.
    (b) Contents of mail voter registration form
      The mail voter registration form developed under subsection
    (a)(2) of this section - 
        (1) may require only such identifying information (including
      the signature of the applicant) and other information (including
      data relating to previous registration by the applicant), as is
      necessary to enable the appropriate State election official to
      assess the eligibility of the applicant and to administer voter
      registration and other parts of the election process;
        (2) shall include a statement that - 
          (A) specifies each eligibility requirement (including
        citizenship);
          (B) contains an attestation that the applicant meets each
        such requirement; and
          (C) requires the signature of the applicant, under penalty of
        perjury;

        (3) may not include any requirement for notarization or other
      formal authentication; and
        (4) shall include, in print that is identical to that used in
      the attestation portion of the application - 
          (i) the information required in section 1973gg-6(a)(5)(A) and
        (B) of this title;
          (ii) a statement that, if an applicant declines to register
        to vote, the fact that the applicant has declined to register
        will remain confidential and will be used only for voter
        registration purposes; and
          (iii) a statement that if an applicant does register to vote,
        the office at which the applicant submits a voter registration
        application will remain confidential and will be used only for
        voter registration purposes.

-SOURCE-
    (Pub. L. 103-31, Sec. 9, May 20, 1993, 107 Stat. 87; Pub. L. 107-
    252, title VIII, Sec. 802(b), Oct. 29, 2002, 116 Stat. 1726.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-252 substituted "Election
    Assistance Commission" for "Federal Election Commission" in
    introductory provisions.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-252 effective upon appointment of all
    members of the Election Assistance Commission under section 15323
    of this title, see section 15534(a) of this title.

-End-

-CITE-
    42 USC Sec. 1973gg-8                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION

-HEAD-
    Sec. 1973gg-8. Designation of chief State election official

-STATUTE-
      Each State shall designate a State officer or employee as the
    chief State election official to be responsible for coordination of
    State responsibilities under this subchapter.

-SOURCE-
    (Pub. L. 103-31, Sec. 10, May 20, 1993, 107 Stat. 87.)

-End-

-CITE-
    42 USC Sec. 1973gg-9                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION

-HEAD-
    Sec. 1973gg-9. Civil enforcement and private right of action

-STATUTE-
    (a) Attorney General
      The Attorney General may bring a civil action in an appropriate
    district court for such declaratory or injunctive relief as is
    necessary to carry out this subchapter.
    (b) Private right of action
      (1) A person who is aggrieved by a violation of this subchapter
    may provide written notice of the violation to the chief election
    official of the State involved.
      (2) If the violation is not corrected within 90 days after
    receipt of a notice under paragraph (1), or within 20 days after
    receipt of the notice if the violation occurred within 120 days
    before the date of an election for Federal office, the aggrieved
    person may bring a civil action in an appropriate district court
    for declaratory or injunctive relief with respect to the violation.
      (3) If the violation occurred within 30 days before the date of
    an election for Federal office, the aggrieved person need not
    provide notice to the chief election official of the State under
    paragraph (1) before bringing a civil action under paragraph (2).
    (c) Attorney's fees
      In a civil action under this section, the court may allow the
    prevailing party (other than the United States) reasonable attorney
    fees, including litigation expenses, and costs.
    (d) Relation to other laws
      (1) The rights and remedies established by this section are in
    addition to all other rights and remedies provided by law, and
    neither the rights and remedies established by this section nor any
    other provision of this subchapter shall supersede, restrict, or
    limit the application of the Voting Rights Act of 1965 (42 U.S.C.
    1973 et seq.).
      (2) Nothing in this subchapter authorizes or requires conduct
    that is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973
    et seq.).

-SOURCE-
    (Pub. L. 103-31, Sec. 11, May 20, 1993, 107 Stat. 88.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Voting Rights Act of 1965, referred to in subsec. (d), is
    Pub. L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended, which is
    classified generally to subchapters I-A (Sec. 1973 et seq.), I-B
    (Sec. 1973aa et seq.), and I-C (Sec. 1973bb et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 1971 of this title and
    Tables.

-End-

-CITE-
    42 USC Sec. 1973gg-10                                       01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION

-HEAD-
    Sec. 1973gg-10. Criminal penalties

-STATUTE-
      A person, including an election official, who in any election for
    Federal office - 
        (1) knowingly and willfully intimidates, threatens, or coerces,
      or attempts to intimidate, threaten, or coerce, any person for - 
          (A) registering to vote, or voting, or attempting to register
        or vote;
          (B) urging or aiding any person to register to vote, to vote,
        or to attempt to register or vote; or
          (C) exercising any right under this subchapter; or

        (2) knowingly and willfully deprives, defrauds, or attempts to
      deprive or defraud the residents of a State of a fair and
      impartially conducted election process, by - 
          (A) the procurement or submission of voter registration
        applications that are known by the person to be materially
        false, fictitious, or fraudulent under the laws of the State in
        which the election is held; or
          (B) the procurement, casting, or tabulation of ballots that
        are known by the person to be materially false, fictitious, or
        fraudulent under the laws of the State in which the election is
        held,

    shall be fined in accordance with title 18 (which fines shall be
    paid into the general fund of the Treasury, miscellaneous receipts
    (pursuant to section 3302 of title 31), notwithstanding any other
    law), or imprisoned not more than 5 years, or both.

-SOURCE-
    (Pub. L. 103-31, Sec. 12, May 20, 1993, 107 Stat. 88.)

-End-

-CITE-
    42 USC SUBCHAPTER II - FEDERAL ELECTION RECORDS             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-
                 SUBCHAPTER II - FEDERAL ELECTION RECORDS             

-End-

-CITE-
    42 USC Sec. 1974                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-
    Sec. 1974. Retention and preservation of records and papers by
      officers of elections; deposit with custodian; penalty for
      violation

-STATUTE-
      Every officer of election shall retain and preserve, for a period
    of twenty-two months from the date of any general, special, or
    primary election of which candidates for the office of President,
    Vice President, presidential elector, Member of the Senate, Member
    of the House of Representatives, or Resident Commissioner from the
    Commonwealth of Puerto Rico are voted for, all records and papers
    which come into his possession relating to any application,
    registration, payment of poll tax, or other act requisite to voting
    in such election, except that, when required by law, such records
    and papers may be delivered to another officer of election and
    except that, if a State or the Commonwealth of Puerto Rico
    designates a custodian to retain and preserve these records and
    papers at a specified place, then such records and papers may be
    deposited with such custodian, and the duty to retain and preserve
    any record or paper so deposited shall devolve upon such custodian.
    Any officer of election or custodian who willfully fails to comply
    with this section shall be fined not more than $1,000 or imprisoned
    not more than one year, or both.

-SOURCE-
    (Pub. L. 86-449, title III, Sec. 301, May 6, 1960, 74 Stat. 88.)

-End-

-CITE-
    42 USC Sec. 1974a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-
    Sec. 1974a. Theft, destruction, concealment, mutilation, or
      alteration of records or papers; penalties

-STATUTE-
      Any person, whether or not an officer of election or custodian,
    who willfully steals, destroys, conceals, mutilates, or alters any
    record or paper required by section 1974 of this title to be
    retained and preserved shall be fined not more than $1,000 or
    imprisoned not more than one year, or both.

-SOURCE-
    (Pub. L. 86-449, title III, Sec. 302, May 6, 1960, 74 Stat. 88.)

-End-

-CITE-
    42 USC Sec. 1974b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-
    Sec. 1974b. Demand for records or papers by Attorney General or
      representative; statement of basis and purpose

-STATUTE-
      Any record or paper required by section 1974 of this title to be
    retained and preserved shall, upon demand in writing by the
    Attorney General or his representative directed to the person
    having custody, possession, or control of such record or paper, be
    made available for inspection, reproduction, and copying at the
    principal office of such custodian by the Attorney General or his
    representative. This demand shall contain a statement of the basis
    and the purpose therefor.

-SOURCE-
    (Pub. L. 86-449, title III, Sec. 303, May 6, 1960, 74 Stat. 88.)

-End-

-CITE-
    42 USC Sec. 1974c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-
    Sec. 1974c. Disclosure of records or papers

-STATUTE-
      Unless otherwise ordered by a court of the United States, neither
    the Attorney General nor any employee of the Department of Justice,
    nor any other representative of the Attorney General, shall
    disclose any record or paper produced pursuant to this subchapter,
    or any reproduction or copy, except to Congress and any committee
    thereof, governmental agencies, and in the presentation of any case
    or proceeding before any court or grand jury.

-SOURCE-
    (Pub. L. 86-449, title III, Sec. 304, May 6, 1960, 74 Stat. 88.)

-End-

-CITE-
    42 USC Sec. 1974d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-
    Sec. 1974d. Jurisdiction to compel production of records or papers

-STATUTE-
      The United States district court for the district in which a
    demand is made pursuant to section 1974b of this title, or in which
    a record or paper so demanded is located, shall have jurisdiction
    by appropriate process to compel the production of such record or
    paper.

-SOURCE-
    (Pub. L. 86-449, title III, Sec. 305, May 6, 1960, 74 Stat. 88.)

-End-

-CITE-
    42 USC Sec. 1974e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 20 - ELECTIVE FRANCHISE
    SUBCHAPTER II - FEDERAL ELECTION RECORDS

-HEAD-
    Sec. 1974e. "Officer of election" defined

-STATUTE-
      As used in this subchapter, the term "officer of election" means
    any person who, under color of any Federal, State, Commonwealth, or
    local law, statute, ordinance, regulation, authority, custom, or
    usage, performs or is authorized to perform any function, duty, or
    task in connection with any application, registration, payment of
    poll tax, or other act requisite to voting in any general, special,
    or primary election at which votes are cast for candidates for the
    office of President, Vice President, presidential elector, Member
    of the Senate, Member of the House of Representatives, or Resident
    Commissioner from the Commonwealth of Puerto Rico.

-SOURCE-
    (Pub. L. 86-449, title III, Sec. 306, May 6, 1960, 74 Stat. 88.)

-End-