
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1971]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 20--ELECTIVE FRANCHISE
 
                         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

    (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.

(R.S. Sec. 2004; Pub. L. 85-315, pt. IV, Sec. 131, Sept. 9, 1957, 71 
Stat. 637; Pub. L. 86-449, title VI, Sec. 601, May 6, 1960, 74 Stat. 90; 
Pub. L. 88-352, title I, Sec. 101, July 2, 1964, 78 Stat. 241; Pub. L. 
89-110, Sec. 15, Aug. 6, 1965, 79 Stat. 445.)

                       References in Text

    The Civil Rights Act of 1960, referred to in subsec. (a)(2)(C), is 
Pub. L. 86-449, May 6, 1960, 74 Stat. 86, as amended. Title III of the 
Civil Rights Act of 1960 is classified generally to subchapter II 
(Sec. 1974 et seq.) of this chapter. For complete classification of this 
Act to the Code, see Short Title note below and Tables.
    Rule 53(c) of the Federal Rules of Civil Procedure, referred to in 
subsec. (e), is set out in the Appendix to Title 28, Judiciary and 
Judicial Procedure.
    This Act, referred to in subsec. (f), is Pub. L. 85-315, Sept. 9, 
1957, 71 Stat. 634, as amended, which enacted sections 1975 to 1975e and 
1995 of this title and section 295-1 of former Title 5, Executive 
Departments and Government Officers and Employees, amended this section 
and sections 1343 and 1861 of Title 28, repealed section 1993 of this 
title, and enacted provisions set out as a note under section 1975 of 
this title.

                          Codification

    R.S. Sec. 2004 derived from act May 31, 1870, ch. 114, Sec. 1, 16 
Stat. 140.
    In subsec. (e), ``section 3331 of title 5'' was substituted for 
``Revised Statutes, section 1757 (5 U.S.C. 16)'' on authority of Pub. L. 
89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of 
which enacted Title 5, Government Organization and Employees.
    Section was formerly classified to section 31 of Title 8, Aliens and 
Nationality.


                               Amendments

    1965--Subsecs. (a), (c). Pub. L. 89-110, Sec. 15(a), struck out 
``Federal'' before ``election'' wherever appearing.
    Subsecs. (f) to (h). Pub. L. 89-110, Sec. 15(b), redesignated 
subsecs. (g) and (h) as (f) and (g), respectively, and repealed former 
subsec. (f) which defined ``Federal elections''.
    1964--Subsec. (a). Pub. L. 88-352, Sec. 101(a), designated existing 
provisions as par. (1) and added pars. (2) and (3).
    Subsec. (c). Pub. L. 88-352, Sec. 101(b), provided for a rebuttable 
literacy presumption when a person has not been adjudged an incompetent 
and has completed the sixth grade of his schooling.
    Subsecs. (f), (g). Pub. L. 88-352, Sec. 101(c), added subsec. (f) 
and redesignated former subsec. (f) as (g).
    Subsec. (h). Pub. L. 88-352, Sec. 101(d), added subsec. (h).
    1960--Subsec. (c). Pub. L. 86-449, Sec. 601(b), permitted the State 
to be joined as a party defendant in cases where officials of a State or 
subdivision thereof are alleged to have committed acts or practices 
constituting a deprivation of any rights or privileges secured by 
subsection (a) of this section, and authorized commencement of the 
proceeding against the State where an official has resigned or has been 
relieved of his office and no successor has assumed such office.
    Subsecs. (e), (f). Pub. L. 86-449, Sec. 601(a), added subsec. (e) 
and redesignated former subsec. (e) as (f).
    1957--Pub. L. 85-315, Sec. 131, substituted ``Voting rights'' for 
``Race, color, or previous condition not to affect right to vote'' in 
section catchline, designated existing provisions as subsec. (a), and 
added subsecs. (b) to (e).


                      Short Title of 1992 Amendment

    Pub. L. 102-344, Sec. 1, Aug. 26, 1992, 106 Stat. 921, provided 
that: ``This Act [amending section 1973aa-1a of this title] may be cited 
as the `Voting Rights Language Assistance Act of 1992'.''


                               Short Title

    Pub. L. 99-410, Sec. 1, Aug. 28, 1986, 100 Stat. 924, provided that: 
``This Act [enacting subchapter I-G of this chapter, sections 608 and 
609 of Title 18, Crimes and Criminal Procedure, and section 3406 of 
Title 39, Postal Service, amending sections 2401, 3627, and 3684 of 
Title 39, repealing subchapters I-D and I-E of this chapter, and 
enacting provisions set out as notes under section 1973ff of this title] 
may be cited as the `Uniformed and Overseas Citizens Absentee Voting 
Act'.''
    Pub. L. 98-435, Sec. 1, Sept. 28, 1984, 98 Stat. 1678, provided 
that: ``This Act [enacting subchapter I-F of this chapter] may be cited 
as the `Voting Accessibility for the Elderly and Handicapped Act'.''
    Pub. L. 97-205, Sec. 1, June 29, 1982, 96 Stat. 131, provided: 
``That this Act [enacting section 1973aa-6 of this title, amending 
sections 1973, 1973b, and 1973aa-1a of this title, and enacting 
provisions set out as notes under sections 1973, 1973b, 1973aa-1a and 
1973aa-6 of this title] may be cited as the `Voting Rights Act 
Amendments of 1982'.''
    Pub. L. 94-203, Sec. 1, Jan. 2, 1976, 89 Stat. 1142, which provided 
that Pub. L. 94-203, which enacted subchapter I-E of this chapter, was 
to be cited as ``Overseas Citizens Voting Rights Act of 1975'', was 
repealed by Pub. L. 99-410, title II, Sec. 203, Aug. 28, 1986, 100 Stat. 
930.
    Pub. L. 91-285, Sec. 1, June 22, 1970, 84 Stat. 314, provided: 
``That this Act [designating existing provisions of Pub. L. 89-110 as 
subchapter I-A, enacting subchapters I-B and I-C of this chapter, and 
amending sections 1973b and 1973c of this title] may be cited as the 
`Voting Rights Act Amendments of 1970'.''
    Section 1 of Pub. L. 89-110 provided that: ``This Act [enacting 
subchapters I-A, I-B, and I-C of this chapter and amending this section] 
shall be known as the `Voting Rights Act of 1965'.''
    Section 1 of Pub. L. 86-449 provided that: ``This Act [enacting 
subchapter II of this chapter and sections 837, 1074, and 1509 of Title 
18, Crimes and Criminal Procedure, and amending this section and 
sections 241 and 640 of Title 20, Education] may be cited as the `Civil 
Rights Act of 1960'.''
    Section 161 of Pub. L. 85-315 provided that: ``This Act [enacting 
former chapter 20A of this title and section 1995 of this title and 
section 295-1 of former Title 5, Executive Departments and Government 
Officers and Employees, amending this section and sections 1343 and 1861 
of Title 28, Judiciary and Judicial Procedure, and repealing section 
1993 of this title] may be cited as the `Civil Rights Act of 1957'.''
    Act Aug. 9, 1955, ch. 656, Sec. 1, 69 Stat. 584, which provided that 
such Act, which enacted subchapter I-D of this chapter and repealed 
sections 301 to 303, 321 to 331, 341, and 351 to 355 of Title 50, War 
and National Defense, was to be cited as ``The Federal Voting Assistance 
Act of 1955'', was repealed by Pub. L. 99-410, title II, Sec. 203, Aug. 
28, 1986, 100 Stat. 930.


                              Separability

    Section 701 of Pub. L. 86-449 provided that: ``If any provisions of 
this Act [see Short Title note above] is held invalid, the remainder of 
this Act shall not be affected thereby.''


                        Voter Registration Drives

    Pub. L. 98-473, title I, Sec. 101(j), Oct. 12, 1984, 98 Stat. 1963, 
provided that: ``It is the sense of the Congress that--
        ``(1) voter registration drives should be encouraged by 
    governmental entities at all levels; and
        ``(2) voter registration drives conducted by State governments 
    on a nonpartisan basis do not violate the provisions of the 
    Intergovernmental Personnel Act (42 U.S.C. 4728, 4763).''
