Voting Rights Act of 1965
(outline of Title 42) TITLE42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I- GENERALLY Sec. 1971. Voting rights.(a) Race, color, or previouscondition not to affect right to vote; uniform standards for voting qualifications;errors or omissions from papers; literacy tests; agreements between AttorneyGeneral and State or local authorities; definitions.
(b) Intimidation, threats,or coercion.
(c) Preventive relief;injunction; rebuttable literacy presumption; liability of United States for costs; State as party defendant.
(d) Jurisdiction; exhaustionof other remedies.
(e) Order qualifying personto vote; application; hearing; voting referees; transmittal of report andorder; certificate of qualification; definitions.
(f) Contempt; assignment ofcounsel; witnesses.
(g) Three-judge districtcourt: hearing, determination, expedition of action, review by Supreme Court;single judge district court: hearing, determination, expedition of action.1972. Interference with freedom of elections.
SUBCHAPTER I-A - ENFORCEMENTOF VOTING RIGHTS 1973. Denial or abridgement of right to vote on account ofrace or color through voting qualifications or prerequisites; establishment ofviolation. 1973a. Proceeding to enforce the right to vote.
(a) Authorization by courtfor appointment of Federal examiners.
(b) Suspension of use oftests and devices which deny or abridge the right to vote.
(c) Retention ofjurisdiction to prevent commencement of new devices to deny or abridge theright to vote. 1973b.
Suspension of the use oftests or devices in determining eligibility to vote.
(a) Action by State orpolitical subdivision for declaratory judgment of no denial or abridgement;three-judge district court; appeal to Supreme Court; retention of jurisdictionby three-judge court.
(b) Required factualdeterminations necessary to allow suspension of compliance with tests anddevices; publication in Federal Register.
(c) ''Test or device''defined.(d) Required frequency,continuation and probable recurrence of incidents of denial or abridgement toconstitute forbidden use of tests or devices.
(e) Completion of requisitegrade level of education in American-flag schools in which the predominantclassroom language was other than English.
(f) Congressional findingsof voting discrimination against language minorities; prohibition ofEnglish-only elections; other remedial measures. 1973c. Alteration of votingqualifications and procedures; action by State or political subdivision fordeclaratory judgment of no denial or abridgement of voting rights; three-judgedistrict court; appeal to Supreme Court. 1973d. Federal voting examiners;appointment. 1973e. Examination of applicants for registration.
(a) Form of application;requisite allegation of non-registration.
(b) Placement of eligiblevoters on official lists; transmittal of lists.
(c) Certificate ofeligibility.
(d) Removal of names fromlist by examiners. 1973f.
Observers at elections;assignment; duties; reports. 1973g. Challenges to eligibility listings. (
a) Filing of challenge;supplementary affidavits; service upon person challenged; hearing; review.
(b) Rules and regulations byDirector of the Office of Personnel Management.
(c) Subpoena power ofDirector of the Office of Personnel Management; contempt. 1973h.Poll taxes.
(a) Congressional findingand declaration of policy against enforced payment of poll taxes as a device toimpair voting rights.
(b) Authority of AttorneyGeneral to institute actions for relief against enforcement of poll taxrequirement.
(c) Jurisdiction ofthree-judge district courts; appeal to Supreme Court. 1973.
Prohibited acts.
(a) Failure or refusal topermit casting or tabulation of vote.
(b) Intimidation, threats,or coercion.
(c) False information inregistering or voting; penalties.
(d) Falsification orconcealment of material facts or giving of false statements in matters withinjurisdiction of examiners or hearing officers; penalties.(e) Voting more than once.1973.
Civil and criminalsanctions.
(a) Depriving or attemptingto deprive persons of secured rights.
(b) Destroying, defacing,mutilating, or altering ballots or official voting records.
(c) Conspiring to violate orinterfere with secured rights.
(d) Civil action by AttorneyGeneral for preventive relief; injunctive and other relief.
(e) Proceeding by AttorneyGeneral to enforce the counting of ballots of registered and eligible personswho are prevented from voting.
(f) Jurisdiction of districtcourts; exhaustion of administrative or other remedies unnecessary. 1973k.
Overseas voter.
(e) Use of approved Stateabsentee ballot in place of Federal write-in absentee ballot.
(f) Certain States exempted. 1973ff-3. Recommendations to States to maximize access to polls by absent uniformed services voters and overseas voters. 1973ff-4. Enforcement. 1973ff-5. Effect on certain other laws.
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