Collapse to view only § 10101. Voting rights
§ 10101. Voting rights
(a) Race, color, or previous condition not to affect right to vote; uniform standards for voting qualifications; errors or omissions from papers; literacy tests; agreements between Attorney General and State or local authorities; definitions
(1) All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding.
(2) No person acting under color of law shall—
(A) in determining whether any individual is qualified under State law or laws to vote in any election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote;
(B) deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or
(C) employ any literacy test as a qualification for voting in any election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 [
(3) For purposes of this subsection—
(A) the term “vote” shall have the same meaning as in subsection (e) of this section;
(B) the phrase “literacy test” includes any test of the ability to read, write, understand, or interpret any matter.
(b) Intimidation, threats, or coercion
(c) Preventive relief; injunction; rebuttable literacy presumption; liability of United States for costs; State as party defendant
(d) Jurisdiction; exhaustion of other remedies
(e) Order qualifying person to vote; application; hearing; voting referees; transmittal of report and order; certificate of qualification; definitions
(f) Contempt; assignment of counsel; witnesses
(g) Three-judge district court: hearing, determination, expedition of action, review by Supreme Court; single-judge district court: hearing, determination, expedition of action
(R.S. § 2004; Pub. L. 85–315, pt. IV, § 131, Sept. 9, 1957, 71 Stat. 637; Pub. L. 86–449, title VI, § 601, May 6, 1960, 74 Stat. 90; Pub. L. 88–352, title I, § 101, July 2, 1964, 78 Stat. 241; Pub. L. 89–110, § 15, Aug. 6, 1965, 79 Stat. 445.)
§ 10102. Interference with freedom of elections
No officer of the Army, Navy, or Air Force of the United States shall prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or otherwise, the qualifications of voters in any State, or in any manner interfere with the freedom of any election in any State, or with the exercise of the free right of suffrage in any State.
(R.S. § 2003.)