Laws: Cases and Codes : U.S. Code : Title 42
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U.S. Code as of:
01/19/04
Chapter 20 - Notes
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 for overseas
voters in general elections for Federal office.
(a) In general.
(b) Submission and processing.
(c) Special rules.
(d) Second ballot submission; instruction to
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.
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