
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: 42USC1973b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 20--ELECTIVE FRANCHISE
 
              SUBCHAPTER I-A--ENFORCEMENT OF VOTING RIGHTS
 
Sec. 1973b. Suspension of the use of tests or devices in 
        determining eligibility to vote
        

(a) Action by State or political subdivision for declaratory judgment of 
        no denial or abridgement; three-judge district court; appeal to 
        Supreme Court; retention of jurisdiction by three-judge court

    (1) 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 of such State (as such subdivision existed on the 
date such determinations were made with respect to such State), though 
such determinations were not made with respect to such subdivision as a 
separate unit, 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 issues a declaratory 
judgment under this section. 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 of such State (as such 
subdivision existed on the date such determinations were made with 
respect to such State), though such determinations were not made with 
respect to such subdivision as a separate unit, 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 issues a declaratory judgment under this section. A 
declaratory judgment under this section shall issue only if such court 
determines that during the ten years preceding the filing of the action, 
and during the pendency of such action--
        (A) no such test or device has been used within such State or 
    political subdivision for the purpose or with the effect of denying 
    or abridging the right to vote on account of race or color or (in 
    the case of a State or subdivision seeking a declaratory judgment 
    under the second sentence of this subsection) in contravention of 
    the guarantees of subsection (f)(2) of this section;
        (B) no final judgment of any court of the United States, other 
    than the denial of declaratory judgment under this section, has 
    determined that denials or abridgements of the right to vote on 
    account of race or color have occurred anywhere in the territory of 
    such State or political subdivision or (in the case of a State or 
    subdivision seeking a declaratory judgment under the second sentence 
    of this subsection) that denials or abridgements of the right to 
    vote in contravention of the guarantees of subsection (f)(2) of this 
    section have occurred anywhere in the territory of such State or 
    subdivision and no consent decree, settlement, or agreement has been 
    entered into resulting in any abandonment of a voting practice 
    challenged on such grounds; and no declaratory judgment under this 
    section shall be entered during the pendency of an action commenced 
    before the filing of an action under this section and alleging such 
    denials or abridgements of the right to vote;
        (C) no Federal examiners under subchapters I-A to I-C of this 
    chapter have been assigned to such State or political subdivision;
        (D) such State or political subdivision and all governmental 
    units within its territory have complied with section 1973c of this 
    title, including compliance with the requirement that no change 
    covered by section 1973c of this title has been enforced without 
    preclearance under section 1973c of this title, and have repealed 
    all changes covered by section 1973c of this title to which the 
    Attorney General has successfully objected or as to which the United 
    States District Court for the District of Columbia has denied a 
    declaratory judgment;
        (E) the Attorney General has not interposed any objection (that 
    has not been overturned by a final judgment of a court) and no 
    declaratory judgment has been denied under section 1973c of this 
    title, with respect to any submission by or on behalf of the 
    plaintiff or any governmental unit within its territory under 
    section 1973c of this title, and no such submissions or declaratory 
    judgment actions are pending; and
        (F) such State or political subdivision and all governmental 
    units within its territory--
            (i) have eliminated voting procedures and methods of 
        election which inhibit or dilute equal access to the electoral 
        process;
            (ii) have engaged in constructive efforts to eliminate 
        intimidation and harassment of persons exercising rights 
        protected under subchapters I-A to I-C of this chapter; and
            (iii) have engaged in other constructive efforts, such as 
        expanded opportunity for convenient registration and voting for 
        every person of voting age and the appointment of minority 
        persons as election officials throughout the jurisdiction and at 
        all stages of the election and registration process.

    (2) To assist the court in determining whether to issue a 
declaratory judgment under this subsection, the plaintiff shall present 
evidence of minority participation, including evidence of the levels of 
minority group registration and voting, changes in such levels over 
time, and disparities between minority-group and non-minority-group 
participation.
    (3) No declaratory judgment shall issue under this subsection with 
respect to such State or political subdivision if such plaintiff and 
governmental units within its territory have, during the period 
beginning ten years before the date the judgment is issued, engaged in 
violations of any provision of the Constitution or laws of the United 
States or any State or political subdivision with respect to 
discrimination in voting on account of race or color or (in the case of 
a State or subdivision seeking a declaratory judgment under the second 
sentence of this subsection) in contravention of the guarantees of 
subsection (f)(2) of this section unless the plaintiff establishes that 
any such violations were trivial, were promptly corrected, and were not 
repeated.
    (4) The State or political subdivision bringing such action shall 
publicize the intended commencement and any proposed settlement of such 
action in the media serving such State or political subdivision and in 
appropriate United States post offices. Any aggrieved party may as of 
right intervene at any stage in such action.
    (5) 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 ten years after judgment and shall reopen the action 
upon motion of the Attorney General or any aggrieved person alleging 
that conduct has occurred which, had that conduct occurred during the 
ten-year periods referred to in this subsection, would have precluded 
the issuance of a declaratory judgment under this subsection. The court, 
upon such reopening, shall vacate the declaratory judgment issued under 
this section if, after the issuance of such declaratory judgment, a 
final judgment against the State or subdivision with respect to which 
such declaratory judgment was issued, or against any governmental unit 
within that State or subdivision, determines that denials or 
abridgements of the right to vote on account of race or color have 
occurred anywhere in the territory of such State or political 
subdivision or (in the case of a State or subdivision which sought a 
declaratory judgment under the second sentence of this subsection) that 
denials or abridgements of the right to vote in contravention of the 
guarantees of subsection (f)(2) of this section have occurred anywhere 
in the territory of such State or subdivision, or if, after the issuance 
of such declaratory judgment, a consent decree, settlement, or agreement 
has been entered into resulting in any abandonment of a voting practice 
challenged on such grounds.
    (6) If, after two years from the date of the filing of a declaratory 
judgment under this subsection, no date has been set for a hearing in 
such action, and that delay has not been the result of an avoidable 
delay on the part of counsel for any party, the chief judge of the 
United States District Court for the District of Columbia may request 
the Judicial Council for the Circuit of the District of Columbia to 
provide the necessary judicial resources to expedite any action filed 
under this section. If such resources are unavailable within the 
circuit, the chief judge shall file a certificate of necessity in 
accordance with section 292(d) of title 28.
    (7) The Congress shall reconsider the provisions of this section at 
the end of the fifteen-year period following the effective date of the 
amendments made by the Voting Rights Act Amendments of 1982.
    (8) The provisions of this section shall expire at the end of the 
twenty-five-year period following the effective date of the amendments 
made by the Voting Rights Act Amendments of 1982.
    (9) Nothing in this section shall prohibit the Attorney General from 
consenting to an entry of judgment if based upon a showing of objective 
and compelling evidence by the plaintiff, and upon investigation, he is 
satisfied that the State or political subdivision has complied with the 
requirements of subsection (a)(1) of this section. Any aggrieved party 
may as of right intervene at any stage in such action.

(b) Required factual determinations necessary to allow suspension of 
        compliance with tests and devices; publication in Federal 
        Register

    The provisions of subsection (a) of this section shall apply in any 
State or in any political subdivision of a State which (1) the Attorney 
General determines maintained on November 1, 1964, any test or device, 
and with respect to which (2) the Director of the Census determines that 
less than 50 per centum of the persons of voting age residing therein 
were registered on November 1, 1964, or that less than 50 per centum of 
such persons voted in the presidential election of November 1964. On and 
after August 6, 1970, in addition to any State or political subdivision 
of a State determined to be subject to subsection (a) of this section 
pursuant to the previous sentence, the provisions of subsection (a) of 
this section shall apply in any State or any political subdivision of a 
State which (i) the Attorney General determines maintained on November 
1, 1968, any test or device, and with respect to which (ii) the Director 
of the Census determines that less than 50 per centum of the persons of 
voting age residing therein were registered on November 1, 1968, or that 
less than 50 per centum of such persons voted in the presidential 
election of November 1968. On and after August 6, 1975, in addition to 
any State or political subdivision of a State determined to be subject 
to subsection (a) of this section pursuant to the previous two 
sentences, the provisions of subsection (a) of this section shall apply 
in any State or any political subdivision of a State which (i) the 
Attorney General determines maintained on November 1, 1972, any test or 
device, and with respect to which (ii) 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.
    A determination or certification of the Attorney General or of the 
Director of the Census under this section or under section 1973d or 
1973k of this title shall not be reviewable in any court and shall be 
effective upon publication in the Federal Register.

(c) ``Test or device'' defined

    The phrase ``test or device'' shall mean any requirement that a 
person as a prerequisite for voting or registration for voting (1) 
demonstrate the ability to read, write, understand, or interpret any 
matter, (2) demonstrate any educational achievement or his knowledge of 
any particular subject, (3) possess good moral character, or (4) prove 
his qualifications by the voucher of registered voters or members of any 
other class.

(d) Required frequency, continuation and probable recurrence of 
        incidents of denial or abridgement to constitute forbidden use 
        of tests or devices

    For purposes of this section no State or political subdivision shall 
be determined to have engaged in the use of tests or devices 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 (1) incidents of such use 
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.

(e) Completion of requisite grade level of education in American-flag 
        schools in which the predominant classroom language was other 
        than English

    (1) Congress hereby declares that to secure the rights under the 
fourteenth amendment of persons educated in American-flag schools in 
which the predominant classroom language was other than English, it is 
necessary to prohibit the States from conditioning the right to vote of 
such persons on ability to read, write, understand, or interpret any 
matter in the English language.
    (2) No person who demonstrates that he has successfully completed 
the sixth primary 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 in which the predominant classroom language 
was other than English, shall be denied the right to vote in any 
Federal, State, or local election because of his inability to read, 
write, understand, or interpret any matter in the English language, 
except that in States in which State law provides that a different level 
of education is presumptive of literacy, he shall demonstrate that he 
has successfully completed an equivalent level of education 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 in which 
the predominant classroom language was other than English.

(f) Congressional findings of voting discrimination against language 
        minorities; prohibition of English-only elections; other 
        remedial measures

    (1) The Congress finds that voting discrimination against citizens 
of language minorities is pervasive and national in scope. Such minority 
citizens are from environments in which the dominant language is other 
than English. In addition they have been denied equal educational 
opportunities by State and local governments, resulting in severe 
disabilities and continuing illiteracy in the English language. The 
Congress further finds that, where State and local officials conduct 
elections only in English, language minority citizens are excluded from 
participating in the electoral process. In many areas of the country, 
this exclusion is aggravated by acts of physical, economic, and 
political intimidation. The Congress declares that, in order to enforce 
the guarantees of the fourteenth and fifteenth amendments to the United 
States Constitution, it is necessary to eliminate such discrimination by 
prohibiting English-only elections, and by prescribing other remedial 
devices.
    (2) No voting qualification or prerequisite to voting, or standard, 
practice, or procedure shall be imposed or applied by any State or 
political subdivision to deny or abridge the right of any citizen of the 
United States to vote because he is a member of a language minority 
group.
    (3) In addition to the meaning given the term under subsection (c) 
of this section, the term ``test or device'' shall also mean any 
practice or requirement by which any State or political subdivision 
provided any registration or voting notices, forms, instructions, 
assistance, or other materials or information relating to the electoral 
process, including ballots, only in the English language, where the 
Director of the Census determines that more than five per centum of the 
citizens of voting age residing in such State or political subdivision 
are members of a single language minority. With respect to subsection 
(b) of this section, the term ``test or device'', as defined in this 
subsection, shall be employed only in making the determinations under 
the third sentence of that subsection.
    (4) Whenever any State or political subdivision subject to the 
prohibitions of the second sentence of subsection (a) of this section 
provides any registration or voting notices, forms, instructions, 
assistance, or other materials or information relating to the electoral 
process, including ballots, it shall provide them in the language of the 
applicable language minority group as well as in the English language: 
Provided, That where the language of the applicable minority group is 
oral or unwritten or in the case of Alaskan Natives and American 
Indians, if the predominate language is historically unwritten, the 
State or political subdivision is only required to furnish oral 
instructions, assistance, or other information relating to registration 
and voting.

(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.


                    Effective Date of 1982 Amendment

    Amendment by section 2(a), (c) of Pub. L. 97-205 effective June 29, 
1982, see section 6 of Pub. L. 97-205, set out as a note under section 
1973 of this title.
    Section 2(b) of Pub. L. 97-205 provided that the amendment made by 
that section is effective on and after Aug. 5, 1984.

                  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.
