Laws: Cases and Codes : U.S. Code : Title 42


   

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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