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U.S. Code as of:
01/19/04
Section 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
(1) All citizens of the United States who are otherwise qualified
by law to vote at any election by the people in any State,
Territory, district, county, city, parish, township, school
district, municipality, or other territorial subdivision, shall be
entitled and allowed to vote at all such elections, without
distinction of race, color, or previous condition of servitude; any
constitution, law, custom, usage, or regulation of any State or
Territory, or by or under its authority, to the contrary
notwithstanding.
(2) No person acting under color of law shall -
(A) in determining whether any individual is qualified under
State law or laws to vote in any election, apply any standard,
practice, or procedure different from the standards, practices,
or procedures applied under such law or laws to other individuals
within the same county, parish, or similar political subdivision
who have been found by State officials to be qualified to vote;
(B) deny the right of any individual to vote in any election
because of an error or omission on any record or paper relating
to any application, registration, or other act requisite to
voting, if such error or omission is not material in determining
whether such individual is qualified under State law to vote in
such election; or
(C) employ any literacy test as a qualification for voting in
any election unless (i) such test is administered to each
individual and is conducted wholly in writing, and (ii) a
certified copy of the test and of the answers given by the
individual is furnished to him within twenty-five days of the
submission of his request made within the period of time during
which records and papers are required to be retained and
preserved pursuant to title III of the Civil Rights Act of 1960
[42 U.S.C. 1974 et seq.]: Provided, however, That the Attorney
General may enter into agreements with appropriate State or local
authorities that preparation, conduct, and maintenance of such
tests in accordance with the provisions of applicable State or
local law, including such special provisions as are necessary in
the preparation, conduct, and maintenance of such tests for
persons who are blind or otherwise physically handicapped, meet
the purposes of this subparagraph and constitute compliance
therewith.
(3) For purposes of this subsection -
(A) the term "vote" shall have the same meaning as in
subsection (e) of this section;
(B) the phrase "literacy test" includes any test of the ability
to read, write, understand, or interpret any matter.
(b) Intimidation, threats, or coercion
No person, whether acting under color of law or otherwise, shall
intimidate, threaten, coerce, or attempt to intimidate, threaten,
or coerce any other person for the purpose of interfering with the
right of such other person to vote or to vote as he may choose, or
of causing such other person to vote for, or not to vote for, any
candidate for the office of President, Vice President, presidential
elector, Member of the Senate, or Member of the House of
Representatives, Delegates or Commissioners from the Territories or
possessions, at any general, special, or primary election held
solely or in part for the purpose of selecting or electing any such
candidate.
(c) Preventive relief; injunction; rebuttable literacy presumption;
liability of United States for costs; State as party defendant
Whenever any person has engaged or there are reasonable grounds
to believe that any person is about to engage in any act or
practice which would deprive any other person of any right or
privilege secured by subsection (a) or (b) of this section, the
Attorney General may institute for the United States, or in the
name of the United States, a civil action or other proper
proceeding for preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other
order. If in any such proceeding literacy is a relevant fact there
shall be a rebuttable presumption that any person who has not been
adjudged an incompetent and who has completed the sixth grade in a
public school in, or a private school accredited by, any State or
territory, the District of Columbia, or the Commonwealth of Puerto
Rico where instruction is carried on predominantly in the English
language, possesses sufficient literacy, comprehension, and
intelligence to vote in any election. In any proceeding hereunder
the United States shall be liable for costs the same as a private
person. Whenever, in a proceeding instituted under this subsection
any official of a State or subdivision thereof is alleged to have
committed any act or practice constituting a deprivation of any
right or privilege secured by subsection (a) of this section, the
act or practice shall also be deemed that of the State and the
State may be joined as a party defendant and, if, prior to the
institution of such proceeding, such official has resigned or has
been relieved of his office and no successor has assumed such
office, the proceeding may be instituted against the State.
(d) Jurisdiction; exhaustion of other remedies
The district courts of the United States shall have jurisdiction
of proceedings instituted pursuant to this section and shall
exercise the same without regard to whether the party aggrieved
shall have exhausted any administrative or other remedies that may
be provided by law.
(e) Order qualifying person to vote; application; hearing; voting
referees; transmittal of report and order; certificate of
qualification; definitions
In any proceeding instituted pursuant to subsection (c) of this
section in the event the court finds that any person has been
deprived on account of race or color of any right or privilege
secured by subsection (a) of this section, the court shall upon
request of the Attorney General and after each party has been given
notice and the opportunity to be heard make a finding whether such
deprivation was or is pursuant to a pattern or practice. If the
court finds such pattern or practice, any person of such race or
color resident within the affected area shall, for one year and
thereafter until the court subsequently finds that such pattern or
practice has ceased, be entitled, upon his application therefor, to
an order declaring him qualified to vote, upon proof that at any
election or elections (1) he is qualified under State law to vote,
and (2) he has since such finding by the court been (a) deprived of
or denied under color of law the opportunity to register to vote or
otherwise to qualify to vote, or (b) found not qualified to vote by
any person acting under color of law. Such order shall be effective
as to any election held within the longest period for which such
applicant could have been registered or otherwise qualified under
State law at which the applicant's qualifications would under State
law entitle him to vote.
Notwithstanding any inconsistent provision of State law or the
action of any State officer or court, an applicant so declared
qualified to vote shall be permitted to vote in any such election.
The Attorney General shall cause to be transmitted certified copies
of such order to the appropriate election officers. The refusal by
any such officer with notice of such order to permit any person so
declared qualified to vote to vote at an appropriate election shall
constitute contempt of court.
An application for an order pursuant to this subsection shall be
heard within ten days, and the execution of any order disposing of
such application shall not be stayed if the effect of such stay
would be to delay the effectiveness of the order beyond the date of
any election at which the applicant would otherwise be enabled to
vote.
The court may appoint one or more persons who are qualified
voters in the judicial district, to be known as voting referees,
who shall subscribe to the oath of office required by section 3331
of title 5, to serve for such period as the court shall determine,
to receive such applications and to take evidence and report to the
court findings as to whether or not at any election or elections
(1) any such applicant is qualified under State law to vote, and
(2) he has since the finding by the court heretofore specified been
(a) deprived of or denied under color of law the opportunity to
register to vote or otherwise to qualify to vote, or (b) found not
qualified to vote by any person acting under color of law. In a
proceeding before a voting referee, the applicant shall be heard ex
parte at such times and places as the court shall direct. His
statement under oath shall be prima facie evidence as to his age,
residence, and his prior efforts to register or otherwise qualify
to vote. Where proof of literacy or an understanding of other
subjects is required by valid provisions of State law, the answer
of the applicant, if written, shall be included in such report to
the court; if oral, it shall be taken down stenographically and a
transcription included in such report to the court.
Upon receipt of such report, the court shall cause the Attorney
General to transmit a copy thereof to the State attorney general
and to each party to such proceeding together with an order to show
cause within ten days, or such shorter time as the court may fix,
why an order of the court should not be entered in accordance with
such report. Upon the expiration of such period, such order shall
be entered unless prior to that time there has been filed with the
court and served upon all parties a statement of exceptions to such
report. Exceptions as to matters of fact shall be considered only
if supported by a duly verified copy of a public record or by
affidavit of persons having personal knowledge of such facts or by
statements or matters contained in such report; those relating to
matters of law shall be supported by an appropriate memorandum of
law. The issues of fact and law raised by such exceptions shall be
determined by the court or, if the due and speedy administration of
justice requires, they may be referred to the voting referee to
determine in accordance with procedures prescribed by the court. A
hearing as to an issue of fact shall be held only in the event that
the proof in support of the exception disclose the existence of a
genuine issue of material fact. The applicant's literacy and
understanding of other subjects shall be determined solely on the
basis of answers included in the report of the voting referee.
The court, or at its direction the voting referee, shall issue to
each applicant so declared qualified a certificate identifying the
holder thereof as a person so qualified.
Any voting referee appointed by the court pursuant to this
subsection shall to the extent not inconsistent herewith have all
the powers conferred upon a master by rule 53(c) of the Federal
Rules of Civil Procedure. The compensation to be allowed to any
persons appointed by the court pursuant to this subsection shall be
fixed by the court and shall be payable by the United States.
Applications pursuant to this subsection shall be determined
expeditiously. In the case of any application filed twenty or more
days prior to an election which is undetermined by the time of such
election, the court shall issue an order authorizing the applicant
to vote provisionally: Provided, however, That such applicant shall
be qualified to vote under State law. In the case of an application
filed within twenty days prior to an election, the court, in its
discretion, may make such an order. In either case the order shall
make appropriate provision for the impounding of the applicant's
ballot pending determination of the application. The court may take
any other action, and may authorize such referee or such other
person as it may designate to take any other action, appropriate or
necessary to carry out the provisions of this subsection and to
enforce its decrees. This subsection shall in no way be construed
as a limitation upon the existing powers of the court.
When used in the subsection, the word "vote" includes all action
necessary to make a vote effective including, but not limited to,
registration or other action required by State law prerequisite to
voting, casting a ballot, and having such ballot counted and
included in the appropriate totals of votes cast with respect to
candidates for public office and propositions for which votes are
received in an election; the words "affected area" shall mean any
subdivision of the State in which the laws of the State relating to
voting are or have been to any extent administered by a person
found in the proceeding to have violated subsection (a) of this
section; and the words "qualified under State law" shall mean
qualified according to the laws, customs, or usages of the State,
and shall not, in any event, imply qualifications more stringent
than those used by the persons found in the proceeding to have
violated subsection (a) in qualifying persons other than those of
the race or color against which the pattern or practice of
discrimination was found to exist.
(f) Contempt; assignment of counsel; witnesses
Any person cited for an alleged contempt under this Act shall be
allowed to make his full defense by counsel learned in the law; and
the court before which he is cited or tried, or some judge thereof,
shall immediately, upon his request, assign to him such counsel,
not exceeding two, as he may desire, who shall have free access to
him at all reasonable hours. He shall be allowed, in his defense to
make any proof that he can produce by lawful witnesses, and shall
have the like process of the court to compel his witnesses to
appear at his trial or hearing, as is usually granted to compel
witnesses to appear on behalf of the prosecution. If such person
shall be found by the court to be financially unable to provide for
such counsel, it shall be the duty of the court to provide such
counsel.
(g) Three-judge district court: hearing, determination, expedition
of action, review by Supreme Court; single-judge district court:
hearing, determination, expedition of action
In any proceeding instituted by the United States in any district
court of the United States under this section in which the Attorney
General requests a finding of a pattern or practice of
discrimination pursuant to subsection (e) of this section the
Attorney General, at the time he files the complaint, or any
defendant in the proceeding, within twenty days after service upon
him of the complaint, may file with the clerk of such court a
request that a court of three judges be convened to hear and
determine the entire case. A copy of the request for a three-judge
court shall be immediately furnished by such clerk to the chief
judge of the circuit (or in his absence, the presiding circuit
judge of the circuit) in which the case is pending. Upon receipt of
the copy of such request it shall be the duty of the chief judge of
the circuit or the presiding circuit judge, as the case may be, to
designate immediately three judges in such circuit, of whom at
least one shall be a circuit judge and another of whom shall be a
district judge of the court in which the proceeding was instituted,
to hear and determine such case, and it shall be the duty of the
judges so designated to assign the case for hearing at the earliest
practicable date, to participate in the hearing and determination
thereof, and to cause the case to be in every way expedited. An
appeal from the final judgment of such court will lie to the
Supreme Court.
In any proceeding brought under subsection (c) of this section to
enforce subsection (b) of this section, or in the event neither the
Attorney General nor any defendant files a request for a
three-judge court in any proceeding authorized by this subsection,
it shall be the duty of the chief judge of the district (or in his
absence, the acting chief judge) in which the case is pending
immediately to designate a judge in such district to hear and
determine the case. In the event that no judge in the district is
available to hear and determine the case, the chief judge of the
district, or the acting chief judge, as the case may be, shall
certify this fact to the chief judge of the circuit (or, in his
absence, the acting chief judge) who shall then designate a
district or circuit judge of the circuit to hear and determine the
case.
It shall be the duty of the judge designated pursuant to this
section to assign the case for hearing at the earliest practicable
date and to cause the case to be in every way expedited.
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