Collapse to view only § 10501. Application of prohibition to other States; “test or device” defined
- § 10501. Application of prohibition to other States; “test or device” defined
- § 10502. Residence requirements for voting
- § 10503. Bilingual election requirements
- § 10504. Judicial relief; civil actions by the Attorney General; three-judge district court; appeal to Supreme Court
- § 10505. Penalty
- § 10506. Separability
- § 10507. Survey to compile registration and voting statistics
- § 10508. Voting assistance for blind, disabled or illiterate persons
§ 10501. Application of prohibition to other States; “test or device” defined
(a) No citizen shall be denied, because of his failure to comply with any test or device, the right to vote in any Federal, State, or local election conducted in any State or political subdivision of a State.
(b) As used in this section, the term “test or device” means 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.
(Pub. L. 89–110, title II, § 201, as added Pub. L. 91–285, § 6, June 22, 1970, 84 Stat. 315; amended Pub. L. 94–73, title I, § 102, Aug. 6, 1975, 89 Stat. 400.)
§ 10502. Residence requirements for voting
(a) Congressional findings
The Congress hereby finds that the imposition and application of the durational residency requirement as a precondition to voting for the offices of President and Vice President, and the lack of sufficient opportunities for absentee registration and absentee balloting in presidential elections—
(1) denies or abridges the inherent constitutional right of citizens to vote for their President and Vice President;
(2) denies or abridges the inherent constitutional right of citizens to enjoy their free movement across State lines;
(3) denies or abridges the privileges and immunities guaranteed to the citizens of each State under article IV, section 2, clause 1, of the Constitution;
(4) in some instances has the impermissible purpose or effect of denying citizens the right to vote for such officers because of the way they may vote;
(5) has the effect of denying to citizens the equality of civil rights, and due process and equal protection of the laws that are guaranteed to them under the fourteenth amendment; and
(6) does not bear a reasonable relationship to any compelling State interest in the conduct of presidential elections.
(b) Congressional declaration: durational residency requirement, abolishment; absentee registration and balloting standards, establishment
(c) Prohibition of denial of right to vote because of durational residency requirement or absentee balloting
(d) Registration: time for application; absentee balloting: time of application and return of ballots
(e) Change of residence; voting in person or by absentee ballot in State of prior residence
(f) Absentee registration requirement
(g) State or local adoption of less restrictive voting practices
(h) “State” defined
(i) False registration, and other fraudulent acts and conspiracies: application of penalty for false information in registering or voting
(Pub. L. 89–110, title II, § 202, as added Pub. L. 91–285, § 6, June 22, 1970, 84 Stat. 316.)
§ 10503. Bilingual election requirements
(a) Congressional findings and declaration of policy
(b) Bilingual voting materials requirement
(1) Generally
(2) Covered States and political subdivisions
(A) Generally
A State or political subdivision is a covered State or political subdivision for the purposes of this subsection if the Director of the Census determines, based on the 2010 American Community Survey census data and subsequent American Community Survey data in 5-year increments, or comparable census data, that—
(i)(I) more than 5 percent of the citizens of voting age of such State or political subdivision are members of a single language minority and are limited-English proficient;(II) more than 10,000 of the citizens of voting age of such political subdivision are members of a single language minority and are limited-English proficient; or(III) in the case of a political subdivision that contains all or any part of an Indian reservation, more than 5 percent of the American Indian or Alaska Native citizens of voting age within the Indian reservation are members of a single language minority and are limited-English proficient; and
(ii) the illiteracy rate of the citizens in the language minority as a group is higher than the national illiteracy rate.
(B) Exception
(3) Definitions
As used in this section—
(A) the term “voting materials” means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots;
(B) the term “limited-English proficient” means unable to speak or understand English adequately enough to participate in the electoral process;
(C) the term “Indian reservation” means any area that is an American Indian or Alaska Native area, as defined by the Census Bureau for the purposes of the 1990 decennial census;
(D) the term “citizens” means citizens of the United States; and
(E) the term “illiteracy” means the failure to complete the 5th primary grade.
(4) Special rule
(c) Requirement of voting notices, forms, instructions, assistance, or other materials and ballots in minority language
(d) Action for declaratory judgment permitting English-only materials
(e) Definitions
(Pub. L. 89–110, title II, § 203, as added Pub. L. 94–73, title III, § 301, Aug. 6, 1975, 89 Stat. 402; amended Pub. L. 97–205, §§ 2(d), 4, June 29, 1982, 96 Stat. 134; Pub. L. 102–344, § 2, Aug. 26, 1992, 106 Stat. 921; Pub. L. 109–246, §§ 7, 8, July 27, 2006, 120 Stat. 581.)
§ 10504. Judicial relief; civil actions by the Attorney General; three-judge district court; appeal to Supreme Court
Whenever the Attorney General has reason to believe that a State or political subdivision (a) has enacted or is seeking to administer any test or device as a prerequisite to voting in violation of the prohibition contained in section 10501 of this title, or (b) undertakes to deny the right to vote in any election in violation of section 10502 or 10503 of this title, he may institute for the United States, or in the name of the United States, an action in a district court of the United States, in accordance with sections 1391 through 1393 1
1 See References in Text note below.
of title 28, for a restraining order, a preliminary or permanent injunction, or such other order as he deems appropriate. An action under 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 be to the Supreme Court.(Pub. L. 89–110, title II, § 204, formerly § 203, as added Pub. L. 91–285, § 6, June 22, 1970, 84 Stat. 317; renumbered § 204 and amended Pub. L. 94–73, title III, §§ 302, 303, title IV, § 406, Aug. 6, 1975, 89 Stat. 403, 405.)
§ 10505. Penalty
Whoever shall deprive or attempt to deprive any person of any right secured by section 10501, 10502, or 10503 of this title shall be fined not more than $5,000, or imprisoned not more than five years, or both.
(Pub. L. 89–110, title II, § 205, formerly § 204, as added Pub. L. 91–285, § 6, June 22, 1970, 84 Stat. 317; renumbered § 205 and amended Pub. L. 94–73, title III, §§ 302, 304, Aug. 6, 1975, 89 Stat. 403.)
§ 10506. Separability
If any provision of chapters 103 to 107 of this title or the application of any provision thereof to any person or circumstance is judicially determined to be invalid, the remainder of chapters 103 to 107 of this title or the application of such provision to other persons or circumstances shall not be affected by such determination.
(Pub. L. 89–110, title II, § 206, formerly § 205, as added Pub. L. 91–285, § 6, June 22, 1970, 84 Stat. 318; renumbered § 206, Pub. L. 94–73, title III, § 302, Aug. 6, 1975, 89 Stat. 403.)
§ 10507. Survey to compile registration and voting statistics
(a) Elections to House of Representatives and elections designated by United States Commission on Civil Rights
(b) Prohibition against compulsion to disclose personal data; advice of rights
(c) Report to Congress
(d) Confidentiality of information; penalties
(Pub. L. 89–110, title II, § 207, as added Pub. L. 94–73, title IV, § 403, Aug. 6, 1975, 89 Stat. 404.)
§ 10508. Voting assistance for blind, disabled or illiterate persons
Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter’s union.
(Pub. L. 89–110, title II, § 208, as added Pub. L. 97–205, § 5, June 29, 1982, 96 Stat. 135.)