Laws: Cases and Codes : U.S. Code : Title 42 : Section 1973b
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U.S. Code as of:
01/19/04
Section 1973b - Notes
SOURCE
(Pub. L. 89-110, title I, Sec. 4, Aug. 6, 1965, 79 Stat. 438;
renumbered title I and amended Pub. L. 91-285, Secs. 2-4, June 22,
1970, 84 Stat. 314, 315; Pub. L. 94-73, title I, Sec. 101, title
II, Secs. 201-203, 206, Aug. 6, 1975, 89 Stat. 400-402; Pub. L.
97-205, Sec. 2(a)-(c), June 29, 1982, 96 Stat. 131-133.)
REFERENCES IN TEXT
The Voting Rights Act Amendments of 1982, referred to in subsec.
(a)(7) and (8), is Pub. L. 97-205, June 29, 1982, 96 Stat. 131. The
amendments made by that Act are governed by one of three effective
dates as follows:
(1) The substitution, in subsec. (a) of this section, of
"nineteen years" for "seventeen years", the insertion, in subsec.
(f)(4) of this section, of provisions relating to Alaskan Natives
and American Indians if the predominate language is historically
unwritten, and the amendment of sections 1973 and 1973aa-1a of this
title are effective June 29, 1982.
(2) The enactment of section 1973aa-6 of this title is effective
Jan. 1, 1984.
(3) The complete revision of subsec. (a) of this section by
section 2(b) of Pub. L. 97-205 is effective on and after Aug. 5,
1984.
AMENDMENTS
1982 - Subsec. (a). Pub. L. 97-205, Sec. 2(a), (b), substituted
"nineteen years" for "seventeen years" in three places, effective
June 29, 1982, and, effective on and after Aug. 5, 1985, completely
revised subsec. (a). Prior to such revision, subsec. (a) consisted
of 4 undesignated paragraphs reading as follows:
"To assure that the right of citizens of the United States to
vote is not denied or abridged on account of race or color, no
citizen shall be denied the right to vote in any Federal, State, or
local election because of his failure to comply with any test or
device in any State with respect to which the determinations have
been made under the first two sentences of subsection (b) of this
section or in any political subdivision with respect to which such
determinations have been made as a separate unit, unless the United
States District Court for the District of Columbia in an action for
a declaratory judgment brought by such State or subdivision against
the United States has determined that no such test or device has
been used during the seventeen years preceding the filing of the
action for the purpose or with the effect of denying or abridging
the right to vote on account of race or color: Provided, That no
such declaratory judgment shall issue with respect to any plaintiff
for a period of seventeen years after the entry of a final judgment
of any court of the United States, other than the denial of a
declaratory judgment under this section, whether entered prior to
or after August 6, 1965, determining that denials or abridgments of
the right to vote on account of race or color through the use of
such tests or devices have occurred any where in the territory of
such plaintiff. No citizen shall be denied the right to vote in any
Federal, State, or local election because of his failure to comply
with any test or device in any State with respect to which the
determinations have been made under the third sentence of
subsection (b) of this section or in any political subdivision with
respect to which such determinations have been made as a separate
unit, unless the United States District Court for the District of
Columbia in an action for a declaratory judgment brought by such
State or subdivision against the United States has determined that
no such test or device has been used during the ten years preceding
the filing of the action for the purpose or with the effect of
denying or abridging the right to vote on account of race or color,
or in contravention of the guarantees set forth in subsection
(f)(2) of this section: Provided, That no such declaratory judgment
shall issue with respect to any plaintiff for a period of ten years
after the entry of a final judgment of any court of the United
States, other than the denial of a declaratory judgment under this
section, whether entered prior to or after the enactment of this
paragraph, determining that denials or abridgments of the right to
vote on account of race or color, or in contravention of the
guarantees set forth in subsection (f)(2) of this section through
the use of tests or devices have occurred anywhere in the territory
of such plaintiff.
"An action pursuant to this subsection shall be heard and
determined by a court of three judges in accordance with the
provisions of section 2284 of title 28 and any appeal shall lie to
the Supreme Court. The court shall retain jurisdiction of any
action pursuant to this subsection for five years after judgment
and shall reopen the action upon motion of the Attorney General
alleging that a test or device has been used for the purpose or
with the effect of denying or abridging the right to vote on
account of race or color, or in contravention of the guarantees set
forth in subsection (f)(2) of this section.
"If the Attorney General determines that he has no reason to
believe that any such test or device has been used during the
seventeen years preceding the filing of an action under the first
sentence of this subsection for the purpose or with the effect of
denying or abridging the right to vote on account of race or color,
he shall consent to the entry of such judgment.
"If the Attorney General determines that he has no reason to
believe that any such test or device has been used during the ten
years preceding the filing of an action under the second sentence
of this subsection for the purpose or with the effect of denying or
abridging the right to vote on account of race or color, or in
contravention of the guarantees set forth in subsection (f)(2) of
this section, he shall consent to the entry of such judgment."
Subsec. (f)(4). Pub. L. 97-205, Sec. 2(c), inserted "or in the
case of Alaskan Natives and American Indians, if the predominate
language is historically unwritten".
1975 - Subsec. (a). Pub. L. 94-73, Secs. 101, 201, 206, in first
par., substituted "seventeen years" for "ten years" in two places,
and "determinations have been made under the first two sentences of
subsection (b)" for "determinations have been made under subsection
(b)", inserted provisions that no citizen shall be denied the right
to vote in any Federal, State, or local election because of his
failure to comply with any test or device in any state with respect
to which the determinations have been made under the third sentence
of subsection (b) of this section or in any political subdivision
with respect to which such determinations have been made as a
separate unit, unless the United States District Court for the
District of Columbia in an action for a declaratory judgment
brought by such state or subdivision against the United States has
determined that no such test or device has been used during the ten
years preceding the filing of the action for the purpose or with
the effect of denying or abridging the right to vote on account of
race or color, or in contravention of the guarantees set forth in
subsection (f)(2) of this section with the proviso that no such
declaratory judgment shall issue with respect to any plaintiff for
a period of ten years after the entry of final judgment of any
court of the United States, other than the denial of a declaratory
judgment under this section, whether entered prior to or after the
enactment of this paragraph, determining that denials or
abridgments of the right to vote on account of race or color, or in
contravention of the guarantees set forth in subsection (f)(2) of
this section through the use of tests or devices have occurred
anywhere in the territory of such plaintiff, in second par.,
substituted "on account of race or color, or in contravention of
the guarantees set forth in subsection (f)(2) of this section" for
"on account of race or color", in third par., substituted
"seventeen years preceding the filing of an action under the first
sentence of this subsection" for "ten years preceding the filing of
the action", and added fourth par.
Subsec. (b). Pub. L. 94-73, Sec. 202, inserted provisions that on
and after August 6, 1975, in addition to any State or political
subdivision of a State determined to be subject to subsection (a)
pursuant to the previous two sentences, the provisions of
subsection (a) shall apply in any State or any political
subdivision of a State which the Attorney General determines
maintained on November 1, 1972, any test or device, and with
respect to which the Director of the Census determines that less
than 50 per centum of the citizens of voting age were registered on
November 1, 1972, or that less than 50 per centum of such persons
voted in the Presidential election of November, 1972.
Subsec. (d). Pub. L. 94-73, Sec. 206, substituted "on account of
race or color or in contravention of the guarantees set forth in
section 1973b(f)(2) of this title" for "on account of race or
color".
Subsec. (f). Pub. L. 94-73, Sec. 203, added subsec. (f).
1970 - Subsec. (a). Pub. L. 91-285, Sec. 3, substituted "ten" for
"five" years in first and third pars.
Subsec. (b). Pub. L. 91-285, Sec. 4, inserted provision
respecting the making of factual determinations concerning
maintenance of any test or device on Nov. 1, 1968, registration of
less than 50 per centum of persons of voting age on Nov. 1, 1968,
and voting by less than 50 per centum of such persons in the
presidential election of November 1968.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1973, 1973a, 1973c,
1973d, 1973h, 1973j, 1973k, 1973l, 1973aa-5 of this title.
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