
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1973a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 20--ELECTIVE FRANCHISE
 
              SUBCHAPTER I-A--ENFORCEMENT OF VOTING RIGHTS
 
Sec. 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.

(Pub. L. 89-110, title I, Sec. 3, Aug. 6, 1965, 79 Stat. 437; renumbered 
title I, Pub. L. 91-285, Sec. 2, June 22, 1970, 84 Stat. 314; amended 
Pub. L. 94-73, title II, Secs. 205, 206, title IV, Secs. 401, 410, Aug. 
6, 1975, 89 Stat. 402, 404, 406; 1978 Reorg. Plan No. 2, Sec. 102, eff. 
Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)


                               Amendments

    1975--Subsec. (a). Pub. L. 94-73 inserted reference to fourteenth 
amendment in three places, and substituted ``voting guarantees'' for 
``guarantees'' in three places, ``Attorney General or an aggrieved 
person'' for ``Attorney General'', and ``on account of race or color or 
in contravention of the voting guarantees set forth in section 
1973b(f)(2) of this title'' for ``on account of race or color''.
    Subsec. (b). Pub. L. 94-73 substituted ``Attorney General or an 
aggrieved person under any statute to enforce the voting guarantees of 
the fourteenth or fifteenth amendment'' for ``Attorney General under any 
statute to enforce the guarantees of the fifteenth amendment'', and ``on 
account of race or color, or in contravention of the voting guarantees 
set forth in section 1973b(f)(2) of this title'' for ``on account of 
race or color''.
    Subsec. (c). Pub. L. 94-73 substituted ``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'' for ``Attorney General under any statute to 
enforce the guarantees of the fifteenth amendment in any State or 
political subdivision the court finds that violations of the fifteenth 
amendment'' and ``on account of race or color, or in contravention of 
the voting guarantees set forth in section 1973b(f)(2) of this title'' 
for ``on account of race or color''.

                          Transfer of Functions

    ``Director of the Office of Personnel Management'' substituted for 
``United States Civil Service Commission'' in subsec. (a) pursuant to 
Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set 
out under section 1101 of Title 5, Government Organization and 
Employees, which transferred all functions vested by statute in United 
States Civil Service Commission to Director of Office of Personnel 
Management (except as otherwise specified), effective Jan. 1, 1979, as 
provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 
1055, set out under section 1101 of Title 5.

                  Section Referred to in Other Sections

    This section is referred to in sections 1973d, 1973f, 1973i, 1973j, 
1973k of this title.
