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U.S. Code as of:
01/19/04
Section 1973a. Proceeding to enforce the right to vote
(a) Authorization by court for appointment of Federal examiners
Whenever the Attorney General or an aggrieved person institutes a
proceeding under any statute to enforce the voting guarantees of
the fourteenth or fifteenth amendment in any State or political
subdivision the court shall authorize the appointment of Federal
examiners by the Director of the Office of Personnel Management in
accordance with section 1973d of this title to serve for such
period of time and for such political subdivisions as the court
shall determine is appropriate to enforce the voting guarantees of
the fourteenth or fifteenth amendment (1) as part of any
interlocutory order if the court determines that the appointment of
such examiners is necessary to enforce such voting guarantees or
(2) as part of any final judgment if the court finds that
violations of the fourteenth or fifteenth amendment justifying
equitable relief have occurred in such State or subdivision:
Provided, That the court need not authorize the appointment of
examiners if any incidents of denial or abridgement of the right to
vote on account of race or color, or in contravention of the voting
guarantees set forth in section 1973b(f)(2) of this title (1) have
been few in number and have been promptly and effectively corrected
by State or local action, (2) the continuing effect of such
incidents has been eliminated, and (3) there is no reasonable
probability of their recurrence in the future.
(b) Suspension of use of tests and devices which deny or abridge
the right to vote
If in a proceeding instituted by the Attorney General or an
aggrieved person under any statute to enforce the voting guarantees
of the fourteenth or fifteenth amendment in any State or political
subdivision the court finds that a test or device has been used for
the purpose or with the effect of denying or abridging the right of
any citizen of the United States to vote on account of race or
color, or in contravention of the voting guarantees set forth in
section 1973b(f)(2) of this title, it shall suspend the use of
tests and devices in such State or political subdivisions as the
court shall determine is appropriate and for such period as it
deems necessary.
(c) Retention of jurisdiction to prevent commencement of new
devices to deny or abridge the right to vote
If in any proceeding instituted by the Attorney General or an
aggrieved person under any statute to enforce the voting guarantees
of the fourteenth or fifteenth amendment in any State or political
subdivision the court finds that violations of the fourteenth or
fifteenth amendment justifying equitable relief have occurred
within the territory of such State or political subdivision, the
court, in addition to such relief as it may grant, shall retain
jurisdiction for such period as it may deem appropriate and during
such period no voting qualification or prerequisite to voting or
standard, practice, or procedure with respect to voting different
from that in force or effect at the time the proceeding was
commenced shall be enforced unless and until the court finds that
such qualification, prerequisite, standard, practice, or procedure
does not have the purpose and will not have the effect of denying
or abridging the right to vote on account of race or color, or in
contravention of the voting guarantees set forth in section
1973b(f)(2) of this title: Provided, That such qualification,
prerequisite, standard, practice, or procedure may be enforced if
the qualification, prerequisite, standard, practice, or procedure
has been submitted by the chief legal officer or other appropriate
official of such State or subdivision to the Attorney General and
the Attorney General has not interposed an objection within sixty
days after such submission, except that neither the court's finding
nor the Attorney General's failure to object shall bar a subsequent
action to enjoin enforcement of such qualification, prerequisite,
standard, practice, or procedure.
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