dreamproit/uscode huggingface dataset:
42 U.S.C. § 1973gg–7 (THE PUBLIC HEALTH AND WELFARE)
§ 1973gg–7. Federal coordination and regulations
(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.
(Pub. L. 103–31, § 9, May 20, 1993, 107 Stat. 87; Pub. L. 107–252, title VIII, § 802(b), Oct. 29, 2002, 116 Stat. 1726.)
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–252 substituted “Election Assistance Commission” for “Federal Election Commission” in introductory provisions.
heading: Effective Date of 2002 Amendment
text: 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.
42 U.S.C. § 1973gg–8 (THE PUBLIC HEALTH AND WELFARE)
§ 1973gg–8. Designation of chief State election official
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.
(Pub. L. 103–31, § 10, May 20, 1993, 107 Stat. 87.)
42 U.S.C. § 1973gg–9 (THE PUBLIC HEALTH AND WELFARE)
§ 1973gg–9. Civil enforcement and private right of action
(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.).
(Pub. L. 103–31, § 11, May 20, 1993, 107 Stat. 88.)
heading: References in Text
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 (§ 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. § 1973gg–10 (THE PUBLIC HEALTH AND WELFARE)
§ 1973gg–10. Criminal penalties
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.
(Pub. L. 103–31, § 12, May 20, 1993, 107 Stat. 88.)
42 U.S.C. § 1974 (THE PUBLIC HEALTH AND WELFARE)
§ 1974. Retention and preservation of records and papers by officers of elections; deposit with custodian; penalty for violation
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.
(Pub. L. 86–449, title III, § 301, May 6, 1960, 74 Stat. 88.)
42 U.S.C. § 1974a (THE PUBLIC HEALTH AND WELFARE)
§ 1974a. Theft, destruction, concealment, mutilation, or alteration of records or papers; penalties
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.
(Pub. L. 86–449, title III, § 302, May 6, 1960, 74 Stat. 88.)
42 U.S.C. § 1974b (THE PUBLIC HEALTH AND WELFARE)
§ 1974b. Demand for records or papers by Attorney General or representative; statement of basis and purpose
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.
(Pub. L. 86–449, title III, § 303, May 6, 1960, 74 Stat. 88.)
42 U.S.C. § 1974c (THE PUBLIC HEALTH AND WELFARE)
§ 1974c. Disclosure of records or papers
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.
(Pub. L. 86–449, title III, § 304, May 6, 1960, 74 Stat. 88.)
42 U.S.C. § 1974d (THE PUBLIC HEALTH AND WELFARE)
§ 1974d. Jurisdiction to compel production of records or papers
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.
(Pub. L. 86–449, title III, § 305, May 6, 1960, 74 Stat. 88.)
42 U.S.C. § 1974e (THE PUBLIC HEALTH AND WELFARE)
§ 1974e. “Officer of election” defined
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.
(Pub. L. 86–449, title III, § 306, May 6, 1960, 74 Stat. 88.)
42 U.S.C. § 1975b (THE PUBLIC HEALTH AND WELFARE)
§ 1975b. Administrative provisions
(a) Staff
(1) Director
There shall be a full-time staff director for the Commission who shall—
(A) serve as the administrative head of the Commission; and
(B) be appointed by the President with the concurrence of a majority of the Commission.
(2) Other personnel
Within the limitation of its appropriations, the Commission may—
(A) appoint such other personnel as it deems advisable, under the civil service and classification laws; and
(B) procure services, as authorized in section 3109 of title 5, but at rates for individuals not in excess of the daily equivalent paid for positions at the maximum rate for GS–15 of the General Schedule under section 5332 of title 5.
(b) Compensation of members
(1) Generally
Each member of the Commission who is not otherwise in the service of the Government of the United States shall receive a sum equivalent to the compensation paid at level IV of the Executive Schedule under section 5315 of title 5, prorated on a daily basis for time spent in the work of the Commission.
(2) Persons otherwise in Government service
Each member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses and per diem in lieu of subsistence expenses when away from such member’s usual place of residence, under subchapter I of chapter 57 of title 5.
(c) Voluntary or uncompensated personnel
The Commission shall not accept or use the services of voluntary or uncompensated persons. This limitation shall apply with respect to services of members of the Commission as it does with respect to services by other persons.
(d) Rules
(1) Generally
The Commission may make such rules as are necessary to carry out the purposes of this chapter.
(2) Continuation of old rules
Except as inconsistent with this chapter, and until modified by the Commission, the rules of the Commission on Civil Rights in effect on September 30, 1994 shall be the initial rules of the Commission.
(e) Cooperation
All Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties.
(Pub. L. 98–183, § 4, Nov. 30, 1983, 97 Stat. 1304; Pub. L. 103–419, § 2, Oct. 25, 1994, 108 Stat. 4340.)
heading: Prior Provisions
text: A prior section 1975b, Pub. L. 85–315, pt. I, § 103, Sept. 9, 1957, 71 Stat. 635; Pub. L. 88–352, title V, §§ 502, 503, July 2, 1964, 78 Stat. 250, 251; Pub. L. 91–521, § 1, Nov. 25, 1970, 84 Stat. 1356; Pub. L. 92–496, § 2, Oct. 14, 1972, 86 Stat. 813; Pub. L. 95–444, § 2, Oct. 10, 1978, 92 Stat. 1067, related to compensation of members of Commission. See Codification note set out preceding section 1975 of this title.
heading: Amendments
text: 1994—Pub. L. 103–419 amended section generally, substituting administrative provisions for provisions relating to compensation of members of Commission.
42 U.S.C. § 1975c (THE PUBLIC HEALTH AND WELFARE)
§ 1975c. Authorization of appropriations
There are authorized to be appropriated,1 to carry out this chapter $9,500,000 for fiscal year 1995. None of the sums authorized to be appropriated for fiscal year 1995 may be used to create additional regional offices.
(Pub. L. 98–183, § 5, Nov. 30, 1983, 97 Stat. 1304; Pub. L. 102–167, § 2, Nov. 26, 1991, 105 Stat. 1101; Pub. L. 103–419, § 2, Oct. 25, 1994, 108 Stat. 4341.)
heading: Prior Provisions
text: A prior section 1975c, Pub. L. 85–315, pt. I, § 104, Sept. 9, 1957, 71 Stat. 635; Pub. L. 86–383, title IV, § 401, Sept. 28, 1959, 73 Stat. 724; Pub. L. 87–264, title IV, § 401, Sept. 21, 1961, 75 Stat. 559; Pub. L. 88–152, § 2, Oct. 17, 1963, 77 Stat. 271; Pub. L. 88–352, title V, § 504, July 2, 1964, 78 Stat. 251; Pub. L. 90–198, § 1, Dec. 14, 1967, 81 Stat. 582; Pub. L. 92–496, §§ 3, 4, Oct. 14, 1972, 86 Stat. 813, 814; Pub. L. 95–444, § 3, Oct. 10, 1978, 92 Stat. 1067; Pub. L. 96–81, § 2, Oct. 6, 1979, 93 Stat. 642, related to duties of Commission. See Codification note set out preceding section 1975 of this title.
heading: Amendments
text: 1994—Pub. L. 103–419 amended section generally, substituting provisions authorizing appropriations for fiscal year 1995 for provisions relating to duties of Commission.
1991—Subsec. (f). Pub. L. 102–167, which directed the insertion of “The Commission shall, in addition to any other reports under this section, submit at least one annual report that monitors Federal civil rights enforcement efforts in the United States to Congress and to the President.” at the end of this section, was executed by making the insertion at the end of subsec. (f).
42 U.S.C. § 1975d (THE PUBLIC HEALTH AND WELFARE)
§ 1975d. Termination
This chapter shall terminate on September 30, 1996.
(Pub. L. 98–183, § 6, Nov. 30, 1983, 97 Stat. 1305; Pub. L. 102–167, § 5, Nov. 26, 1991, 105 Stat. 1101; Pub. L. 103–419, § 2, Oct. 25, 1994, 108 Stat. 4342.)
heading: Prior Provisions
text: A prior section 1975d, Pub. L. 85–315, pt. I, § 105, Sept. 9, 1957, 71 Stat. 636; Pub. L. 86–449, title IV, § 401, May 6, 1960, 74 Stat. 89; Pub. L. 88–352, title V, §§ 505–507, July 2, 1964, 78 Stat. 251, 252; Pub. L. 91–521, § 2, Nov. 25, 1970, 84 Stat. 1356; Pub. L. 92–496, § 5, Oct. 14, 1972, 86 Stat. 814; Pub. L. 95–444, §§ 4–6, Oct. 10, 1978, 92 Stat. 1067, 1068, related to powers of Commission. See Codification note set out preceding section 1975 of this title.
heading: Amendments
text: 1994—Pub. L. 103–419 amended section generally, substituting provisions terminating this chapter Sept. 30, 1996, for provisions relating to powers of Commission.
1991—Subsec. (f). Pub. L. 102–167 substituted “Chairperson” for “Chairman” in two places.
42 U.S.C. § 1975e, 1975f (THE PUBLIC HEALTH AND WELFARE)
§§ 1975e, 1975f. Omitted
heading: Codification
text: Sections 1975e and 1975f were omitted in the general amendment of this chapter by Pub. L. 103–419.
Section 1975e, Pub. L. 98–183, § 7, Nov. 30, 1983, 97 Stat. 1307; Pub. L. 101–180, § 2(1), Nov. 28, 1989, 103 Stat. 1325; Pub. L. 102–167, § 3, Nov. 26, 1991, 105 Stat. 1101; Pub. L. 102–400, § 2, Oct. 7, 1992, 106 Stat. 1955, authorized appropriations to carry out this chapter. See section 1975c of this title.
A prior section 1975e, Pub. L. 85–315, pt. I, § 106, Sept. 9, 1957, 71 Stat. 636; Pub. L. 90–198, § 2, Dec. 14, 1967, 81 Stat. 582; Pub. L. 91–521, § 3, Nov. 25, 1970, 84 Stat. 1356; Pub. L. 92–64, Aug. 4, 1971, 85 Stat. 166; Pub. L. 92–496, § 6, Oct. 14, 1972, 86 Stat. 814; Pub. L. 94–292, § 2, May 27, 1976, 90 Stat. 524; Pub. L. 95–132, § 2, Oct. 13, 1977, 91 Stat. 1157; Pub. L. 95–444, § 7, Oct. 10, 1978, 92 Stat. 1068; Pub. L. 96–81, § 3, Oct. 6, 1979, 93 Stat. 642; Pub. L. 96–447, § 2, Oct. 13, 1980, 94 Stat. 1894, related to authorization of appropriations for this chapter. See Codification note set out preceding section 1975 of this title.
Section 1975f, Pub. L. 98–183, § 8, Nov. 30, 1983, 97 Stat. 1307; Pub. L. 101–180, § 2(2), Nov. 28, 1989, 103 Stat. 1325; Pub. L. 102–167, § 4, Nov. 26, 1991, 105 Stat. 1101, provided termination date for this chapter. See section 1975d of this title.
42 U.S.C. § 1983 (THE PUBLIC HEALTH AND WELFARE)
§ 1983. Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
(R.S. § 1979; Pub. L. 96–170, § 1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104–317, title III, § 309(c), Oct. 19, 1996, 110 Stat. 3853.)
heading: Codification
text: R.S. § 1979 derived from act Apr. 20, 1871, ch. 22, § 1, 17 Stat. 13.
Section was formerly classified to section 43 of Title 8, Aliens and Nationality.
heading: Amendments
text: 1996—Pub. L. 104–317 inserted before period at end of first sentence “, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable”.
1979—Pub. L. 96–170 inserted “or the District of Columbia” after “Territory”, and provisions relating to Acts of Congress applicable solely to the District of Columbia.
heading: Effective Date of 1979 Amendment
text: Amendment by Pub. L. 96–170 applicable with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after Dec. 29, 1979, see section 3 of Pub. L. 96–170, set out as a note under section 1343 of Title 28, Judiciary and Judicial Procedure.
42 U.S.C. § 1984 (THE PUBLIC HEALTH AND WELFARE)
§ 1984. Omitted
heading: Codification
text: Section, act Mar. 1, 1875, ch. 114, § 5, 18 Stat. 337, which was formerly classified to section 46 of Title 8, Aliens and Nationality, related to Supreme Court review of cases arising under act Mar. 1, 1875. Sections 1 and 2 of act Mar. 1, 1875 were declared unconstitutional in U.S. v. Singleton, 109 U.S. 3, and sections 3 and 4 of such act were repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862.
42 U.S.C. § 1986 (THE PUBLIC HEALTH AND WELFARE)
§ 1986. Action for neglect to prevent
Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued.
(R.S. § 1981.)
heading: Codification
text: R.S. § 1981 derived from act Apr. 20, 1871, ch. 22, § 6, 17 Stat. 15.
Section was formerly classified to section 48 of Title 8, Aliens and Nationality.