§ 10302. Proceeding to enforce the right to vote

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1965

   Voting Rights Act of 1965

   Pub. L. 89–110 title I § 3 · 79 Stat. 437

   Enacted · 52 U.S.C. § 10302

   Pub. L. 89–110, title I, § 3, Aug. 6, 1965, 79 Stat. 437

   Source evidence

   Code source credit
   Pub. L. 89–110, title I, § 3, Aug. 6, 1965, 79 Stat. 437

   Enacted provision · exact public law section
   Sec. 3. (a) Whenever the Attorney General institutes a proceeding Judicial remedies. under any statute to enforce the guarantees of the fifteenth amendment in any State or political subdivision the court shall authorize the appointment of Federal examiners by the United States Civil Service Commission in accordance with section 6 to serve for such period of time and for such political subdivisions as the court shall determine is appropriate to enforce the guarantees of the fifteenth amendment (1} as part of any interlocutory order if the court determines that the appointment of such examiners is necessary to enforce such guarantees or (2) as part of any final judgment if the court finds that violations of the 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 (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) If in a proceeding instituted by the Attorney General under any statute to enforce the guarantees of the 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, 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) If in any proceeding instituted by the 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 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: 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 anti 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.

2. 1975

   Pub. L. 94–73 title II · 89 Stat. 400

   1. Inserted · 52 U.S.C. § 10302(a)

      Pub. L. 94–73 inserted reference to fourteenth amendment in three places

   2. Substituted · 52 U.S.C. § 10302(a)

      Pub. L. 94–73 substituted “voting guarantees” for “guarantees”

   3. Substituted · 52 U.S.C. § 10302(a)

      Pub. L. 94–73 substituted “Attorney General or an aggrieved person” for “Attorney General”

   4. Substituted · 52 U.S.C. § 10302(a)

      Pub. L. 94–73 substituted “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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law
   TITLE II Sec. 201. Section 4(a) of the Voting Rights Act of 1965 is amended by— (1) inserting immediately after “determinations have been made under” the following: “the first two sentences of”; (2) adding at the end of the first paragraph thereof the following new sentence: “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 I wen 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 section 4(f)(2): 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 section 4(f) (2) through the use of tests or devices have occurred anywhere in the territory of such plaintiff.”; (3) striking out “the action” in the third paragraph thereof, and by inserting in lieu thereof “an action under the first sentence of this subsection”; and (4) inserting immediately after the third paragraph thereof the following new paragraph: “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 section 4(f)(2), he shall consent to the entry of such judgment,”. Sec. 202. Section 4(b) of the Voting Rights Act of 1965 is amended 42 USC 1973b. by adding at the end of the first paragraph thereof the following: “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 (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.”. Sec. 203. Section 4 of the Voting Rights Act of 1965 is amended by Language minorities. 42 USC 1973b. adding the following new subsection: “(f) (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 USC prec. title 1. 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 section 4(c), “Test or device.” 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 42 USC 1973b. minority. With respect to section 4(b), 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 section 4(a) 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, the State or political subdivision is only required to furnish oral instructions, assistance, or other information relating to registration and voting.”. Sec. 204. Section 5 of the Voting Rights Act of 1965 is amended by inserting after “November 1, 1968,” the following: “or whenever a State or political subdivision with respect to which the prohibitions set forth in section 4(a) based upon determinations made under the third sentence of section 4(b) are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1972,”, Sec. 205. Sections 3 and 6 of the Voting Rights Act of 1965 are each amended by striking out “fifteenth amendment” each time it appears and inserting in lieu thereof “fourteenth or fifteenth amendment”. Sec. 206. Sections 2, 3, the second paragraph of 42 USC 1973–1973d, 1973k. section 4(a), and sections 4(d), 5, 6, and 13 of the Voting Rights Act of 1965 are each amended by adding immediately after “on account of race or color” each time it appears the following; “, or in contravention of the guarantees set forth in section 4(f)(2)”. Sec. 207. Section 14(c) is amended by adding at the end the following new paragraph: “(3) The term ‘language minorities’ or ‘language minority group’ means persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage,”. Sec. 208. If any amendments made by this Act or the application of any provision thereof to any person or circumstance is judicially determined to be invalid, the remainder of the Voting Rights Act of 1965, or the application of such provision to other persons or circumstances shall not be affected by such determination.

3. 1975

   Pub. L. 94–73 title II · 89 Stat. 400

   1. Substituted · 52 U.S.C. § 10302(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”

   2. Substituted · 52 U.S.C. § 10302(b)

      Pub. L. 94–73 substituted “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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law
   TITLE II Sec. 201. Section 4(a) of the Voting Rights Act of 1965 is amended by— (1) inserting immediately after “determinations have been made under” the following: “the first two sentences of”; (2) adding at the end of the first paragraph thereof the following new sentence: “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 I wen 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 section 4(f)(2): 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 section 4(f) (2) through the use of tests or devices have occurred anywhere in the territory of such plaintiff.”; (3) striking out “the action” in the third paragraph thereof, and by inserting in lieu thereof “an action under the first sentence of this subsection”; and (4) inserting immediately after the third paragraph thereof the following new paragraph: “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 section 4(f)(2), he shall consent to the entry of such judgment,”. Sec. 202. Section 4(b) of the Voting Rights Act of 1965 is amended 42 USC 1973b. by adding at the end of the first paragraph thereof the following: “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 (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.”. Sec. 203. Section 4 of the Voting Rights Act of 1965 is amended by Language minorities. 42 USC 1973b. adding the following new subsection: “(f) (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 USC prec. title 1. 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 section 4(c), “Test or device.” 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 42 USC 1973b. minority. With respect to section 4(b), 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 section 4(a) 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, the State or political subdivision is only required to furnish oral instructions, assistance, or other information relating to registration and voting.”. Sec. 204. Section 5 of the Voting Rights Act of 1965 is amended by inserting after “November 1, 1968,” the following: “or whenever a State or political subdivision with respect to which the prohibitions set forth in section 4(a) based upon determinations made under the third sentence of section 4(b) are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1972,”, Sec. 205. Sections 3 and 6 of the Voting Rights Act of 1965 are each amended by striking out “fifteenth amendment” each time it appears and inserting in lieu thereof “fourteenth or fifteenth amendment”. Sec. 206. Sections 2, 3, the second paragraph of 42 USC 1973–1973d, 1973k. section 4(a), and sections 4(d), 5, 6, and 13 of the Voting Rights Act of 1965 are each amended by adding immediately after “on account of race or color” each time it appears the following; “, or in contravention of the guarantees set forth in section 4(f)(2)”. Sec. 207. Section 14(c) is amended by adding at the end the following new paragraph: “(3) The term ‘language minorities’ or ‘language minority group’ means persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage,”. Sec. 208. If any amendments made by this Act or the application of any provision thereof to any person or circumstance is judicially determined to be invalid, the remainder of the Voting Rights Act of 1965, or the application of such provision to other persons or circumstances shall not be affected by such determination.

4. 1975

   Pub. L. 94–73 title II · 89 Stat. 400

   1. Substituted · 52 U.S.C. § 10302(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”

   2. Substituted · 52 U.S.C. § 10302(c)

      Pub. L. 94–73 substituted “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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law
   TITLE II Sec. 201. Section 4(a) of the Voting Rights Act of 1965 is amended by— (1) inserting immediately after “determinations have been made under” the following: “the first two sentences of”; (2) adding at the end of the first paragraph thereof the following new sentence: “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 I wen 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 section 4(f)(2): 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 section 4(f) (2) through the use of tests or devices have occurred anywhere in the territory of such plaintiff.”; (3) striking out “the action” in the third paragraph thereof, and by inserting in lieu thereof “an action under the first sentence of this subsection”; and (4) inserting immediately after the third paragraph thereof the following new paragraph: “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 section 4(f)(2), he shall consent to the entry of such judgment,”. Sec. 202. Section 4(b) of the Voting Rights Act of 1965 is amended 42 USC 1973b. by adding at the end of the first paragraph thereof the following: “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 (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.”. Sec. 203. Section 4 of the Voting Rights Act of 1965 is amended by Language minorities. 42 USC 1973b. adding the following new subsection: “(f) (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 USC prec. title 1. 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 section 4(c), “Test or device.” 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 42 USC 1973b. minority. With respect to section 4(b), 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 section 4(a) 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, the State or political subdivision is only required to furnish oral instructions, assistance, or other information relating to registration and voting.”. Sec. 204. Section 5 of the Voting Rights Act of 1965 is amended by inserting after “November 1, 1968,” the following: “or whenever a State or political subdivision with respect to which the prohibitions set forth in section 4(a) based upon determinations made under the third sentence of section 4(b) are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1972,”, Sec. 205. Sections 3 and 6 of the Voting Rights Act of 1965 are each amended by striking out “fifteenth amendment” each time it appears and inserting in lieu thereof “fourteenth or fifteenth amendment”. Sec. 206. Sections 2, 3, the second paragraph of 42 USC 1973–1973d, 1973k. section 4(a), and sections 4(d), 5, 6, and 13 of the Voting Rights Act of 1965 are each amended by adding immediately after “on account of race or color” each time it appears the following; “, or in contravention of the guarantees set forth in section 4(f)(2)”. Sec. 207. Section 14(c) is amended by adding at the end the following new paragraph: “(3) The term ‘language minorities’ or ‘language minority group’ means persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage,”. Sec. 208. If any amendments made by this Act or the application of any provision thereof to any person or circumstance is judicially determined to be invalid, the remainder of the Voting Rights Act of 1965, or the application of such provision to other persons or circumstances shall not be affected by such determination.

5. 2006

   Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006

   Pub. L. 109–246 § 3(d)(1) · 120 Stat. 577

   Substituted · 52 U.S.C. § 10302(a)

   Pub. L. 109–246 substituted “observers” for “examiners” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–246 substituted “observers” for “examiners” wherever appearing.

   Enacted provision · exact public law section
   (1) Section 3(a) of the Voting Rights Act of 1965 (42 U.S.C. 1973a(a)) is amended by striking “examiners” each place it appears and inserting “observers”.

2 of 10 references resolved to an enrolled provision · 8 partial