Laws: Cases and Codes : U.S. Code : Title 42 : Section 1973c


   
U.S. Code as of: 01/19/04
Section 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

      Whenever a State or political subdivision with respect to which
    the prohibitions set forth in section 1973b(a) of this title based
    upon determinations made under the first sentence of section
    1973b(b) of this title are in effect shall enact or seek to
    administer any voting qualification or prerequisite to voting, or
    standard, practice, or procedure with respect to voting different
    from that in force or effect on November 1, 1964, or whenever a
    State or political subdivision with respect to which the
    prohibitions set forth in section 1973b(a) of this title based upon
    determinations made under the second sentence of section 1973b(b)
    of this title are in effect shall enact or seek to administer any
    voting qualification or prerequisite to voting, or standard,
    practice, or procedure with respect to voting different from that
    in force or effect on November 1, 1968, or whenever a State or
    political subdivision with respect to which the prohibitions set
    forth in section 1973b(a) of this title based upon determinations
    made under the third sentence of section 1973b(b) of this title are
    in effect shall enact or seek to administer any voting
    qualification or prerequisite to voting, or standard, practice, or
    procedure with respect to voting different from that in force or
    effect on November 1, 1972, such State or subdivision may institute
    an action in the United States District Court for the District of
    Columbia for a declaratory judgment 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 guarantees set forth in section 1973b(f)(2) of this title, and
    unless and until the court enters such judgment no person shall be
    denied the right to vote for failure to comply with such
    qualification, prerequisite, standard, practice, or procedure:
    Provided, That such qualification, prerequisite, standard,
    practice, or procedure may be enforced without such proceeding 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, or upon good cause shown, to facilitate
    an expedited approval within sixty days after such submission, the
    Attorney General has affirmatively indicated that such objection
    will not be made. Neither an affirmative indication by the Attorney
    General that no objection will be made, nor the Attorney General's
    failure to object, nor a declaratory judgment entered under this
    section shall bar a subsequent action to enjoin enforcement of such
    qualification, prerequisite, standard, practice, or procedure. In
    the event the Attorney General affirmatively indicates that no
    objection will be made within the sixty-day period following
    receipt of a submission, the Attorney General may reserve the right
    to reexamine the submission if additional information comes to his
    attention during the remainder of the sixty-day period which would
    otherwise require objection in accordance with this section. Any
    action under this section 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.



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