June 25, , ch. Historical and Revision Notes Based on sections , , of title 2 , U. Changes were made in phraseology. The Constitution addresses voting in Article II and four subsequent amendments the 15th, forbidding discrimination in voting on the basis "of race, color, or previous condition of servitude;" the 19th, forbidding discrimination in voting based on sex; the 24th, prohibiting "any poll tax" on a person before they can vote; and the 26th, granting the right to vote to all citizens over the age of The Court has chosen to also strictly scrutinize restrictions on voting other than those specifically prohibited by the Constitution because, in its words, the right to vote "is preservative of other basic civil and political rights.
The Court, for example, has upheld reasonable e. Reynolds v Sims considered a challenge to the malapportionment of the Alabama legislature. The Court invalidated Alabama's apportionment scheme, which gave voters in rural areas disproportionately more power more representatives per capita than urban voters. Writing for the Court, Chief Justice Warren declared, "Legislators represent people, not trees or acres," and that the "Equal Protection Clause requires that seats in both houses of a bicameral legislature must be apportioned on a population basis.
The 24th Amendment, adopted in , already made it unconstitutional to enforce a poll tax in federal elections. Writing for the Court, Justice Douglas said the right to vote was "a fundamental political right because it is preservative of all rights.
The Court found for a bachelor living with his parents, who challenged a N. The Court found the law was not sufficiently narrowly tailored to serve its interest of limiting voting to interested persons.
Easily the most controversial decision involving the Equal Protection Clause was Bush v Gore , the Supreme Court decision that ended the Florida recount and effectively decided the presidential election of in favor of George W. Although the vote to stop the recount was 5 to 4, seven justices found an equal protection problems with Florida's using different criteria to measure voter's intent in different counties what to do about hanging chads and dimpled chads, for example--remember?
Two of the justices Breyer and Souter , however, would have sent the matter back to Florida with instructions to develop a statewide standard for determining the intent of voters--but five justices believed it was too late for that. Ask for assistance from the Presiding Officers if you are confused or unsure about voting procedures. The Presiding Officers will be on hand to explain to you the voting procedures, but not who to vote for.
Impersonating another voter is an offence. This is to prevent plural voting. You will not be allowed to vote elsewhere. Loitering outside a polling station is an offence.
Do not bring any document or material, or wear any attire or badge, which shows a political party's or candidate's symbol. The law prohibits canvassing and all forms of election activity on Polling Day, except voting. The remedy provided in this subsection shall not preclude any remedy available under State or Federal law. The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether a person asserting rights under the provisions of chapters to of this title shall have exhausted any administrative or other remedies that may be provided by law.
Section e of title 42, referred to in subsec. Section was formerly classified to section j of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. 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. A political subdivision may petition the Attorney General for a termination under subsection a 1.
Section was formerly classified to section k of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Prior to amendment, section related to termination of listing procedures, basis for termination, and survey or census by the Director of the Census.
All cases of criminal contempt arising under the provisions of chapters to of this title shall be governed by section of title No court other than the District Court for the District of Columbia shall have jurisdiction to issue any declaratory judgment pursuant to section or of this title or any restraining order or temporary or permanent injunction against the execution or enforcement of any provision of chapters to of this title or any action of any Federal officer or employee pursuant hereto.
In any action for a declaratory judgment brought pursuant to section or of this title, subpenas for witnesses who are required to attend the District Court for the District of Columbia may be served in any judicial district of the United States: Provided , That no writ of subpena shall issue for witnesses without the District of Columbia at a greater distance than one hundred miles from the place of holding court without the permission of the District Court for the District of Columbia being first had upon proper application and cause shown.
In any action or proceeding to enforce the voting guarantees of the fourteenth or fifteenth amendment, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, reasonable expert fees, and other reasonable litigation expenses as part of the costs. Section was formerly classified to section l of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Nothing in chapters to of this title shall be construed to deny, impair, or otherwise adversely affect the right to vote of any person registered to vote under the law of any State or political subdivision. Section was formerly classified to section n of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of chapters to of this title.
Section was formerly classified to section o of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. If any provision of chapters to of this title or the application thereof to any person or circumstances is held invalid, the remainder of chapters to of this title and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
Section was formerly classified to section p of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Section was formerly classified to section q of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Judicial relief; civil actions by the Attorney General; three-judge district court; appeal to Supreme Court.
Section was formerly classified to section aa of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. 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—.
Upon the basis of these findings, Congress declares that in order to secure and protect the above-stated rights of citizens under the Constitution, to enable citizens to better obtain the enjoyment of such rights, and to enforce the guarantees of the fourteenth amendment, it is necessary 1 to completely abolish the durational residency requirement as a precondition to voting for President and Vice President, and 2 to establish nationwide, uniform standards relative to absentee registration and absentee balloting in presidential elections.
No citizen of the United States who is otherwise qualified to vote in any election for President and Vice President shall be denied the right to vote for electors for President and Vice President, or for President and Vice President, in such election because of the failure of such citizen to comply with any durational residency requirement of such State or political subdivision; nor shall any citizen of the United States be denied the right to vote for electors for President and Vice President, or for President and Vice President, in such election because of the failure of such citizen to be physically present in such State or political subdivision at the time of such election, if such citizen shall have complied with the requirements prescribed by the law of such State or political subdivision providing for the casting of absentee ballots in such election.
For the purposes of this section, each State shall provide by law for the registration or other means of qualification of all duly qualified residents of such State who apply, not later than thirty days immediately prior to any presidential election, for registration or qualification to vote for the choice of electors for President and Vice President or for President and Vice President in such election; and each State shall provide by law for the casting of absentee ballots for the choice of electors for President and Vice President, or for President and Vice President, by all duly qualified residents of such State who may be absent from their election district or unit in such State on the day such election is held and who have applied therefor not later than seven days immediately prior to such election and have returned such ballots to the appropriate election official of such State not later than the time of closing of the polls in such State on the day of such election.
No citizen of the United States who is otherwise qualified to vote by absentee ballot in any State or political subdivision in any election for President and Vice President shall be denied the right to vote for the choice of electors for President and Vice President, or for President and Vice President, in such election because of any requirement of registration that does not include a provision for absentee registration. Nothing in this section shall prevent any State or political subdivision from adopting less restrictive voting practices than those that are prescribed herein.
The term "State" as used in this section includes each of the several States and the District of Columbia. The provisions of section c of this title shall apply to false registration, and other fraudulent acts and conspiracies, committed under this section. Section was formerly classified to section aa—1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. The Congress finds that, through the use of various practices and procedures, citizens of language minorities have been effectively excluded from participation in the electoral process.
Among other factors, the denial of the right to vote of such minority group citizens is ordinarily directly related to the unequal educational opportunities afforded them resulting in high illiteracy and low voting participation. 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 discrimination by prohibiting these practices, and by prescribing other remedial devices.
Before August 6, , no covered State or political subdivision shall provide voting materials only in the English language. 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 American Community Survey census data and subsequent American Community Survey data in 5-year increments, or comparable census data, that—.
II more than 10, 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. The prohibitions of this subsection do not apply in any political subdivision that has less than 5 percent voting age limited-English proficient citizens of each language minority which comprises over 5 percent of the statewide limited-English proficient population of voting age citizens, unless the political subdivision is a covered political subdivision independently from its State.
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 decennial census;.
The determinations of the Director of the Census under this subsection shall be effective upon publication in the Federal Register and shall not be subject to review in any court. Whenever any State or political subdivision subject to the prohibition of subsection b of this section 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 minority group as well as in the English language: Provided , That where the language of the applicable minority group is oral or unwritten or in the case of Alaskan natives and American Indians, if the predominant language is historically unwritten, the State or political subdivision is only required to furnish oral instructions, assistance, or other information relating to registration and voting.
Any State or political subdivision subject to the prohibition of subsection b of this section, which seeks to provide English-only registration or voting materials or information, including ballots, may file an action against the United States in the United States District Court for a declaratory judgment permitting such provision.
The court shall grant the requested relief if it determines that the illiteracy rate of the applicable language minority group within the State or political subdivision is equal to or less than the national illiteracy rate. For purposes of this section, the term "language minorities" or "language minority group" means persons who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage.
Section was formerly classified to section aa—1a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Prior to amendment, subsec. For purposes of this subsection, illiteracy means the failure to complete the fifth primary grade.
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 of this title, or b undertakes to deny the right to vote in any election in violation of section or 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 through 1 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 of title 28 and any appeal shall be to the Supreme Court. Section of title 28, referred to in text, was repealed by Pub. Section was formerly classified to section aa—2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Section was formerly classified to section aa—3 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. If any provision of chapters to 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 to of this title or the application of such provision to other persons or circumstances shall not be affected by such determination.
Section was formerly classified to section aa—4 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Congress hereby directs the Director of the Census forthwith to conduct a survey to compile registration and voting statistics: i in every State or political subdivision with respect to which the prohibitions of section a of this title are in effect, for every statewide general election for Members of the United States House of Representatives after January 1, ; and ii in every State or political subdivision for any election designated by the United States Commission on Civil Rights.
Such surveys shall only include a count of citizens of voting age, race or color, and national origin, and a determination of the extent to which such persons are registered to vote and have voted in the elections surveyed. In any survey under subsection a of this section no person shall be compelled to disclose his race, color, national origin, political party affiliation, or how he voted or the reasons therefor , nor shall any penalty be imposed for his failure or refusal to make such disclosures.
Every person interrogated orally, by written survey or questionnaire, or by any other means with respect to such information shall be fully advised of his right to fail or refuse to furnish such information.
The Director of the Census shall, at the earliest practicable time, report to the Congress the results of every survey conducted pursuant to the provisions of subsection a of this section. The provisions of section 9 and chapter 7 of title 13 shall apply to any survey, collection, or compilation of registration and voting statistics carried out under subsection a of this section. Section was formerly classified to section aa—5 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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.
Section was formerly classified to section aa—6 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
It shall be the duty of the judges designated to hear the case to assign the case for hearing and determination thereof, and to cause the case to be in every way expedited. Section was formerly classified to section bb of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Section was formerly classified to section bb—1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Congressional declaration of purpose. Selection of polling facilities. Selection of registration facilities. Registration and voting aids.
Relationship to Voting Rights Act of It is the intention of Congress in enacting this chapter to promote the fundamental right to vote by improving access for handicapped and elderly individuals to registration facilities and polling places for Federal elections.
Section was formerly classified to section ee of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Within each State, except as provided in subsection b , each political subdivision responsible for conducting elections shall assure that all polling places for Federal elections are accessible to handicapped and elderly voters. A determines that all potential polling places have been surveyed and no such accessible place is available, nor is the political subdivision able to make one temporarily accessible, in the area involved; and.
B assures that any handicapped or elderly voter assigned to an inaccessible polling place, upon advance request of such voter pursuant to procedures established by the chief election officer of the State —.
Section was formerly classified to section ee—1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Section applicable with respect to elections taking place after Dec. Section was formerly classified to section ee—2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Each State shall make available registration and voting aids for Federal elections for handicapped and elderly individuals, including— 1 instructions, printed in large type, conspicuously displayed at each permanent registration facility and each polling place; and 2 information by telecommunications devices for the deaf.
No notarization or medical certification shall be required of a handicapped voter with respect to an absentee ballot or an application for such ballot, except that medical certification may be required when the certification establishes eligibility, under State law—.
The chief election officer of each State shall provide public notice, calculated to reach elderly and handicapped voters, of the availability of aids under this section, assistance under section of this title, and the procedures for voting by absentee ballot, not later than general public notice of registration and voting is provided. Section was formerly classified to section ee—3 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
If a State or political subdivision does not comply with this chapter, the United States Attorney General or a person who is personally aggrieved by the noncompliance may bring an action for declaratory or injunctive relief in the appropriate district court. An action may be brought under this section only if the plaintiff notifies the chief election officer of the State of the noncompliance and a period of 45 days has elapsed since the date of notification.
Notwithstanding any other provision of law, no award of attorney fees may be made with respect to an action under this section, except in any action brought to enforce the original judgment of the court.
Section was formerly classified to section ee—4 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. This chapter shall not be construed to impair any right guaranteed by the Voting Rights Act of 42 U. The Voting Rights Act of , referred to in text, is Pub.
Section was formerly classified to section ee—5 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Section was formerly classified to section ee—6 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Probably should be "possession".
Federal responsibilities. State responsibilities. Federal write-in absentee ballot in general elections for Federal office for absent uniformed services voters and overseas voters.
Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. Federal Voting Assistance Program Improvements. Prohibition of refusal of applications on grounds of early submission. Reporting requirements. Effect on certain other laws. Technology pilot program. Provisions similar to this chapter were contained in subchapters I—D and I—E cc et seq. The President shall designate the head of an executive department to have primary responsibility for Federal functions under this chapter.
A to ensure that absent uniformed services voters who cast absentee ballots at locations or facilities under the jurisdiction of the Presidential designee are able to do so in a private and independent manner; and.
B to protect the privacy of the contents of absentee ballots cast by absentee uniformed services voters and overseas voters while such ballots are in the possession or control of the Presidential designee;.
A for States to report data on the number of absentee ballots transmitted and received under section c of this title and such other data as the Presidential designee determines appropriate; and. B for the Presidential designee to store the data reported.
The head of each Government department, agency, or other entity shall, upon request of the Presidential designee, distribute balloting materials and otherwise cooperate in carrying out this chapter. As directed by the Presidential designee, the Administrator of General Services shall furnish official post card forms prescribed under subsection b and Federal write-in absentee ballots prescribed under section of this title.
There are authorized to be appropriated to the Presidential designee such sums as are necessary for purposes of carrying out subsection b Section was formerly classified to section ff of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
See Amendment notes below. Designation of Secretary of Defense as Presidential Designee.
0コメント