Voting Rights Act Amendments of 1982
PL 97-205 (H.R.3112), enacted 06/29/1982

PUBLIC LAW 97-205—JUNE 29, 1982 
96 STAT. 131 
Public Law 97-205 
97th Congress 
An Act 
To amend the Voting Rights Act of 1965 to extend the effect of certain provisions, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Voting Rights Act Amendments of 1982". 
SEC. 2. (a) Subsection (a) of section 4 of the Voting Rights Act of 
1965 is amended by striking out "seventeen years" each place it 
appears and inserting in lieu thereof "nineteen years". 
Ot)) Effective on and after August 5,1984, subsection (a) of section 4 
of the Voting Rights Act of 1965 is amended— 
(1) by inserting "(1)" after "(a)"; 
(2) by inserting "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 determina-
tions were not made with respect to such subdivision as a 
separate unit," before "or in any political subdivision with 
respect to which" each place it appears; 
(3) by striking out "in an action for a declaratory judgment" 
the first place it appears and all that follows through "color 
through the use of such tests or devices have occurred anywhere 
in the territory of such plaintiff.", and inserting in lieu thereof 
"issues a declaratory judgment under this section."; 
(4) by striking out "in an action for a declaratory judgment" 
the second place it appears and all that follows through "section 
4(f)(2) through the use of tests or devices have occurred any-
where in the territory of such plaintiff.", and inserting in lieu 
thereof the following: 
"issues a declaratory judgment under this section. A declaratory 
judgment under this section shall issue only if such court deter-
mines 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 deny-
ing 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 con-
travention of the guarantees of subsection (f)(2); 
"(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) have occurred anjrwhere in the territory of such State or 
subdivision and no consent decree, settlement, or agreement has 
June 29, 1982 
[H.R. 3112] 
Voting Rights 
Act Amend-
ments of 1982. 
42 u s e 1971 
note, 1973 note. 
42 u s e 1973b. 
Declaratory 
judgment 
proceedings. 
96 STAT. 132 
PUBLIC LAW 97-205—JUNE 29, 1982 
been entered into resulting in any abandonment of a voting 
practice challenged on such grounds; and no declaratory judg-
ment 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 this Act 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 5 of this 
42 use 1973c. 
Act, including compliance with the requirement that no change 
covered by section 5 has been enforced without preclearance 
under section 5, and have repealed all changes covered by 
section 5 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 5, 
with respect to any submission by or on behalf of the plaintiff or 
any governmental unit within its territory under section 5, and 
no such submissions or declaratory judgment actions are pend-
ing; 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 this Act; 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 declara-
tory 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-minor-
ity-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 guaran-
tees of subsection (fK2) 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 
PUBLIC LAW 9 7 - 2 0 5 - J U N E 29, 1982 
96 STAT. 133 
of such action in the media serving such State or political subdivi-
sion and in appropriate United States post offices. Any aggrieved 
party may as of right intervene at any stage in such action."; 
(5) in the second paragraph— 
(A) by inserting "(5) before "An action"; and 
(B) by striking out "five" and all that follows through 
"section 4(f)(2).", and inserting in lieu thereof "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 judg-
ment under this subsection. The court, upon such reopen-
ing, 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 subdivi-
sion, determines that denials or abridgements of the right 
to vote on account of race or color have occurred an)rwhere 
in the territory of such State or political subdivision or (in 
the case of a State or subdivision which sought a declara-
tory judgment under the second sentence of this subsection) 
that denials or abridgements of the right to vote in contra-
vention of the guarantees of subsection (fK2) have occurred 
anjrwhere 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 chal-
lenged on such grounds."; and 
(6) by striking out "If the Attorney General" the first place it 
appears £uid all that follows through the end of such subsection 
and inserting in lieu thereof the following: 
"(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 actioii, 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 Colum-
bia 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 accord-
ance with section 292(d) of title 28 of the United States Code. 
"(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 Expiration date, 
twenty-five-year period following the effective date of the amend-
ments made by the Voting Rights Act Amendments of 1982. 
"(9) Nothing in this sectioii 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 investi-
gation, he is satisfied that the State or political subdivision has 
complied with the requirements of section 4(a)(1). Any aggrieved 
party may as of right intervene at any stage in such action.". 
(c) Section 4(f)(4) of the Voting Rights Act of 1965 is amended by 42 USC I973b. 
inserting after "unwritten" in the proviso the following: "or in the 
Congressional 
reconsideration. 
96 STAT. 134 
PUBLIC LAW 97-205—JUNE 29, 1982 
42 use 
1973aa-la. 
42 use 1973. 
42 use 1973b. 
42 use 
1973aa-la. 
42 use 
1973aa-la note. 
case of Alaskan Natives and American Indians, if the predominate 
language is historically unwritten". 
(d) Section 203(c) of such Act is amended by inserting after 
"Natives" in the proviso the following: "and American Indians". 
SEC. 3. Section 2 of the Voting Rights Act of 1965 is amended to 
read as follows: 
"SEC. 2. (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 guaran-
tees set forth in section 4(f)(2), as provided in subsection (b). 
"
O
t
>
) A violation of subsection (a) 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 subdivi-
sion are not equally open to participation by members of a class of 
citizens protected by subsection (a) 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 estab-
lishes a right to have members of a protected class elected in 
numbers equal to their proportion in the population.". 
SEC. 4. Section 203(b) of the Voting Rights Act of 1965 is amended 
by striking out "August 6, 1985" and inserting in lieu thereof 
"August 6,1992", and the extension made by this section shall apply 
only to determinations made by the Director of the Census under 
clause (i) of section 203(b) 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. 
SEC. 5. Effective January 1, 1984, title II of the Voting Rights Act 
of 1965 is amended by adding at the end the following section: 
PUBLIC LAW 97-205—JUNE 29, 1982 
96 STAT. 135 
"VOTING ASSISTANCE 
"SEC. 208. Any voter who requires assistance to vote by reason of f 
^ use 
blindness, disability, or inability to read or write may be given i^"3aa-6. 
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.". 
SEC. 6. Except as otherwise provided in this Act, the amendments Effective Date. 
made by this Act shall take effect on the date of the enactment of 42 use 1973 
this Act. 
^°'^ 
Approved June 29, 1982. 
LEGISLATIVE HISTORY—H.R. 3112 (S. 1992): 
HOUSE REPORTS: No. 97-227 and Pt. 2 (eomm. on the Judiciary). 
SENATE REPORT No. 97-417 accompanying S. 1992 (eomm. on the Judiciary). 
eONGRESSIONAL RECORD: 
Vol. 127 (1981): Oct. 2, 5, considered and passed House. 
Vol. 128 (1982): June 9, 10, 14-17. S. 1992 considered in Senate. 
June 18, considered and passed Senate, amended, in lieu of S. 
1992. 
June 23, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 26 (1982): 
June 29, 1982, Presidential statement.