dreamproit/uscode huggingface dataset:
42 U.S.C. § 1973dd to 1973dd–6 (THE PUBLIC HEALTH AND WELFARE)
§§ 1973dd to 1973dd–6. Repealed. Pub. L. 99–410, title II, § 203, Aug. 28, 1986, 100 Stat. 930
text: Section 1973dd, Pub. L. 94–203, § 2, Jan. 2, 1976, 89 Stat. 1142; Pub. L. 95–593, § 1, Nov. 4, 1978, 92 Stat. 2535, provided definitions of terms used in this subchapter. See section 1973ff–6 of this title.
text: Section 13973dd–1, Pub. L. 94–203, § 3, Jan. 2, 1976, 89 Stat. 1142; Pub. L. 95–593, § 2, Nov. 4, 1978, 92 Stat. 2535, related to qualifications for registration and vote by absentee ballot.
text: Section 1973dd–2, Pub. L. 94–203, § 4, Jan. 2, 1976, 89 Stat. 1143; Pub. L. 95–593, § 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 section 1973ff–1 of this title.
text: Section 1973dd–2a, Pub. L. 94–203, § 5, as added Pub. L. 95–593, § 4(2), Nov. 4, 1978, 92 Stat. 2535, related to acquisition and dissemination by Presidential designee of current absentee voting information from each State.
text: Section 1973dd–2b, Pub. L. 94–203, § 6, as added Pub. L. 95–593, § 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.
text: Section 1973dd–3, Pub. L. 94–203, § 7, formerly § 5, Jan. 2, 1976, 89 Stat. 1143; renumbered § 7, Pub. L. 95–593, § 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.
text: Section 1973dd–4, Pub. L. 94–203, § 8, formerly § 6, Jan. 2, 1976, 89 Stat. 1143; renumbered § 8, Pub. L. 95–593, § 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.
text: Section 1973dd–5, Pub. L. 94–203, § 9, formerly § 7, Jan. 2, 1976, 89 Stat. 1144; renumbered § 9 and amended Pub. L. 95–593, §§ 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.
text: Section 1973dd–6, Pub. L. 94–203, § 11, as added Pub. L. 95–593, § 6, Nov. 4, 1978, 92 Stat. 2537, authorized appropriations as necessary to carry out this subchapter.
heading: Effective Date of Repeal
text: 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.
42 U.S.C. § 1973ee (THE PUBLIC HEALTH AND WELFARE)
§ 1973ee. Congressional declaration of purpose
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.
(Pub. L. 98–435, § 2, Sept. 28, 1984, 98 Stat. 1678.)
heading: Effective Date
text: Pub. L. 98–435, § 9, Sept. 28, 1984, 98 Stat. 1680, provided that: “This Act [enacting this subchapter] shall apply with respect to elections taking place after December 31, 1985.”
heading: Short Title
text: 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.
42 U.S.C. § 1973ee–1 (THE PUBLIC HEALTH AND WELFARE)
§ 1973ee–1. Selection of polling facilities
(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.
(Pub. L. 98–435, § 3, Sept. 28, 1984, 98 Stat. 1678.)
42 U.S.C. § 1973ee–2 (THE PUBLIC HEALTH AND WELFARE)
§ 1973ee–2. Selection of registration facilities
(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.
(Pub. L. 98–435, § 4, Sept. 28, 1984, 98 Stat. 1679.)
42 U.S.C. § 1973ee–3 (THE PUBLIC HEALTH AND WELFARE)
§ 1973ee–3. Registration and voting aids
(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.
(Pub. L. 98–435, § 5, Sept. 28, 1984, 98 Stat. 1679.)
42 U.S.C. § 1973ee–4 (THE PUBLIC HEALTH AND WELFARE)
§ 1973ee–4. Enforcement
(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.
(Pub. L. 98–435, § 6, Sept. 28, 1984, 98 Stat. 1679.)
42 U.S.C. § 1973ee–5 (THE PUBLIC HEALTH AND WELFARE)
§ 1973ee–5. Relationship to Voting Rights Act of 1965
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.).
(Pub. L. 98–435, § 7, Sept. 28, 1984, 98 Stat. 1679.)
heading: References in Text
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 (§ 1973 et seq.), I–B (§ 1973aa et seq.), and I–C (§ 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.
42 U.S.C. § 1973ee–6 (THE PUBLIC HEALTH AND WELFARE)
§ 1973ee–6. Definitions
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.
(Pub. L. 98–435, § 8, Sept. 28, 1984, 98 Stat. 1679.)
42 U.S.C. § 1973ff–2b (THE PUBLIC HEALTH AND WELFARE)
§ 1973ff–2b. Federal Voting Assistance Program Improvements
(a) Duties
The Presidential designee shall carry out the following duties:
(1) Develop online portals of information to inform absent uniformed services voters regarding voter registration procedures and absentee ballot procedures to be used by such voters with respect to elections for Federal office.
(2) Establish a program to notify absent uniformed services voters of voter registration information and resources, the availability of the Federal postcard application, and the availability of the Federal write-in absentee ballot on the military Global Network, and shall use the military Global Network to notify absent uniformed services voters of the foregoing 90, 60, and 30 days prior to each election for Federal office.
(b) Clarification regarding other duties and obligations
Nothing in this section shall relieve the Presidential designee of their duties and obligations under any directives or regulations issued by the Department of Defense, including the Department of Defense Directive 1000.04 (or any successor directive or regulation) that is not inconsistent or contradictory to the provisions of this section.
(c) Authorization of appropriations
There are authorized to be appropriated to the Federal Voting Assistance Program of the Department of Defense (or a successor program) such sums as are necessary for purposes of carrying out this section.
(Pub. L. 99–410, title I, § 103B, as added Pub. L. 111–84, div. A, title V, § 583(a)(1), Oct. 28, 2009, 123 Stat. 2327.)
heading: Effective Date
text: Section applicable with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office, see section 583(a)(3) of Pub. L. 111–84, set out as an Effective Date of 2009 Amendment note under section 1973ff of this title.
42 U.S.C. § 1973ff–3 (THE PUBLIC HEALTH AND WELFARE)
§ 1973ff–3. 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.
(Pub. L. 99–410, title I, § 104, Aug. 28, 1986, 100 Stat. 926; Pub. L. 107–107, div. A, title XVI, § 1606(b), Dec. 28, 2001, 115 Stat. 1279; Pub. L. 107–252, title VII, §§ 704, 706(a), Oct. 29, 2002, 116 Stat. 1724, 1725; Pub. L. 111–84, div. A, title V, § 585(a), (b)(2), Oct. 28, 2009, 123 Stat. 2331.)
heading: Amendments
text: 2009—Pub. L. 111–84 substituted “Prohibition of refusal of applications on grounds of early submission” for “Use of single application for all subsequent elections” in section catchline, struck out subsecs. (a) to (d) which related, respectively, to provision of absentee ballot in subsequent elections after acceptance and processing of an official post card form, exception for voters changing registration, revision of official post card form, and construction of provisions with voter removal programs, and struck out subsec. (e) designation and heading before “A State”.
2002—Subsec. (a). Pub. L. 107–252, § 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, § 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.
heading: Effective Date of 2002 Amendment
text: Pub. L. 107–252, title VII, § 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.”
42 U.S.C. § 1973ff–4 (THE PUBLIC HEALTH AND WELFARE)
§ 1973ff–4. Enforcement
(a) In general
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.
(b) Report to Congress
Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under subsection (a) during the preceding year.
(Pub. L. 99–410, title I, § 105, Aug. 28, 1986, 100 Stat. 927; Pub. L. 111–84, div. A, title V, § 587, Oct. 28, 2009, 123 Stat. 2333.)
heading: Amendments
text: 2009—Pub. L. 111–84 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
42 U.S.C. § 1973ff–5 (THE PUBLIC HEALTH AND WELFARE)
§ 1973ff–5. Effect on certain other laws
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.
(Pub. L. 99–410, title I, § 106, Aug. 28, 1986, 100 Stat. 927.)
42 U.S.C. § 1973gg–1 (THE PUBLIC HEALTH AND WELFARE)
§ 1973gg–1. Definitions
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.
(Pub. L. 103–31, § 3, May 20, 1993, 107 Stat. 77.)
42 U.S.C. § 1973gg–2 (THE PUBLIC HEALTH AND WELFARE)
§ 1973gg–2. National procedures for voter registration for elections for Federal office
(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.
(Pub. L. 103–31, § 4, May 20, 1993, 107 Stat. 78; Pub. L. 104–91, title I, § 101(a), Jan. 6, 1996, 110 Stat. 11, amended Pub. L. 104–99, title II, § 211, Jan. 26, 1996, 110 Stat. 37.)
heading: References in Text
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.
heading: Codification
text: 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.
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–91, as amended by Pub. L. 104–99, substituted “August 1, 1994” for “March 11, 1993” wherever appearing.
heading: Effective Date of 1996 Amendment
text: 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, § 101(a), Jan. 6, 1996, 110 Stat. 11, as amended by Pub. L. 104–99, title II, § 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].”
42 U.S.C. § 1973gg–4 (THE PUBLIC HEALTH AND WELFARE)
§ 1973gg–4. Mail registration
(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.
(Pub. L. 103–31, § 6, May 20, 1993, 107 Stat. 79.)
heading: References in Text
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 (§ 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.