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Title 52 — Voting and Elections

Chapter 103 — Enforcement of Voting Rights

§ 10309. Termination of assignment of observers

Statutory text

(a)

In general

The assignment of observers shall terminate in any political subdivision of any State—

(1)

with respect to observers appointed pursuant to section 10305 of this title or with respect to examiners certified under chapters 103 to 107 of this title before , whenever the Attorney General notifies the Director of the Office of Personnel Management, or whenever the District Court for the District of Columbia determines in an action for declaratory judgment brought by any political subdivision described in subsection (b), that there is no longer reasonable cause to believe that persons will be deprived of or denied the right to vote on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title in such subdivision; and

(2)

with respect to observers appointed pursuant to section 10302(a) of this title, upon order of the authorizing court.

(b)

Political subdivision with majority of nonwhite persons registered

A political subdivision referred to in subsection (a)(1) is one with respect to which the Director of the Census has determined that more than 50 per centum of the nonwhite persons of voting age residing therein are registered to vote.

(c)

Petition for termination

A political subdivision may petition the Attorney General for a termination under subsection (a)(1).

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. Voting Rights Act of 1965

    Pub. L. 89–110 title I § 13 · 79 Stat. 437

    Enacted · 52 U.S.C. § 10309

    Pub. L. 89–110, title I, § 13, Aug. 6, 1965, 79 Stat. 444

    Source evidence

    Code source credit
    Pub. L. 89–110, title I, § 13, Aug. 6, 1965, 79 Stat. 444

    Enacted provision · exact public law section
    Sec. 13. Listing procedures shall be terminated in any political subdivision of any State (a) with respect to examiners appointed pursuant to clause (b) of section 6 whenever the Attorney General notifies the Civil Service Commission, or whenever the District Court, for the District of Columbia determines in an action for declaratory judgment brought by any political subdivision with respect to which the Director of the Census has, determined that more than 50 per centum of the nonwhite persons of voting age residing therein are registered to vote, (1) that all persons listed by an examiner for such subdivision have been placed on the appropriate voting registration roll, and (2) that there is no longer reasonable cause to believe that persons will be deprived of or denied the right to vote on account of race or color in such subdivision, and (b), with respect to examiners appointed pursuant to section 3(a), upon order of the authorizing court. A political subdivision may petition the Attorney General for the termination of listing procedures under clause (a) of this section, and may petition the Attorney General to request the Director of the Census to lake such survey or census as may be appropriate for the making of the determination provided for in this section The District Court for the District of Columbia shall have jurisdiction to require such survey or census to be made by the Director of the Census and it shall require him to do so if it deems the Attorney General’s refusal to request such survey or census to be arbitrary or unreasonable.

  2. Pub. L. 94–73 title II § 206 · 89 Stat. 400

    Substituted · 52 U.S.C. § 10309

    Pub. L. 94–73 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”

    Source evidence

    Code amendment note
    Pub. L. 94–73 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”.

    Enacted provision · exact public law section
    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)”.

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

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

    Amended · 52 U.S.C. § 10309

    Pub. L. 109–246 amended section generally. Prior to amendment, section related to termination of listing procedures, basis for termination, and survey or census by the Director of the Census

    Source evidence

    Code amendment note
    Pub. L. 109–246 amended section generally. Prior to amendment, section related to termination of listing procedures, basis for termination, and survey or census by the Director of the Census.

    Enacted provision · exact public law section
    (b) Modification of Section 13.— Section 13 of the Voting Rights Act of 1965 (42 U.S.C. 1973k) is amended to read as follows: “Sec. 13. (a) The assignment of observers shall terminate in any political subdivision of any State— “(1) with respect to observers appointed pursuant to section 8 or with respect to examiners certified under this Act before the date of the enactment of the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006, whenever the Attorney General notifies the Director of the Office of Personnel Management, or whenever the District Court for the District of Columbia determines in an action for declaratory judgment brought by any political subdivision described in subsection (b), that there is no longer reasonable cause to believe that persons will be deprived of or denied the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2) in such subdivision; and “(2) with respect to observers appointed pursuant to section 3(a), upon order of the authorizing court. “(b) A political subdivision referred to in subsection (a)(1) is one with respect to which the Director of the Census has determined that more than 50 per centum of the nonwhite persons of voting age residing therein are registered to vote. “(c) A political subdivision may petition the Attorney General for a termination under subsection (a)(1).” .

  4. Pub. L. 110–258 § 2 · 122 Stat. 2428

    Changed · 52 U.S.C. § 10309(a)(1)

    Pub. L. 110–258 made technical amendment to reference in original act which appears in text as reference to July 27, 2006

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 110–258 made technical amendment to reference in original act which appears in text as reference to July 27, 2006.

    Enacted provision · exact public law section
    SEC. 2. CONFORMING AMENDMENTS.   Paragraphs (7) and (8) of section 4(a), and section 13(a)(1), of the Voting Rights Act of 1965 (42 U.S.C. 1973b(a), 1973k(a)(1)) are each amended by striking “and Coretta Scott King” and inserting “Coretta Scott King, César E. Chávez, Barbara C. Jordan, William C. Velásquez, and Dr. Hector P. Garcia”.

4 of 4 references resolved to an enrolled provision

Editorial Notes

Codification

Section was formerly classified to section 1973k of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title.

Amendments1975–2008 · 3 rounds

2008

Subsec. (a)(1). Pub. L. 110–258 made technical amendment to reference in original act which appears in text as reference to .

2006

Pub. L. 109–246 amended section generally. Prior to amendment, section related to termination of listing procedures, basis for termination, and survey or census by the Director of the Census.

1975

Pub. L. 94–73 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”.

Credits

1965–2008 · 5 acts
  1. 1965Pub. L. 89–110, title I, § 13, , 79 Stat. 444
  2. 1970renumbered title I, Pub. L. 91–285, § 2, , 84 Stat. 314
  3. 1975amended Pub. L. 94–73, title II, § 206, , 89 Stat. 402
  4. 2006Pub. L. 109–246, § 3(b), , 120 Stat. 579
  5. 2008Pub. L. 110–258, § 2, , 122 Stat. 2428.
Show as published

(Pub. L. 89–110, title I, § 13, , 79 Stat. 444; renumbered title I, Pub. L. 91–285, § 2, , 84 Stat. 314; amended Pub. L. 94–73, title II, § 206, , 89 Stat. 402; Pub. L. 109–246, § 3(b), , 120 Stat. 579; Pub. L. 110–258, § 2, , 122 Stat. 2428.)

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