Attorney Notes 1336, 1340, 1367, 1401

    VOTING RIGHTS ACT OF 1965 
(as amended through 1982) 

AN ACT To enforce the fifteenth amendment to the Constitution 
of the United States, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act shall 
be known as the "Voting Rights Act of 1965". 

TITLE I VOTING RIGHTS 

SEc. 2. (a) No voting qualification or prerequisite to voting or 
standard, practice, or procedure shall be imposed or applied by 
any State or political subdivision in a manner which results in a 
denial or abridgement of the right of any citizen of the United States 
to vote on account of race or color, or in contravention of the 
guarantees set forth in section 4(f)(2), as provided in subsection (b). 

(b) A violation of subsection (a) is established if, based on the 
totality of circumstances, it is shown that the political processes 
leading to nomination or election in the State or political subdivi­
sion are not equally open to participation by members of a class 
of citizens protected by subsection (a) in that its members have less 
opportunity than other members of the electorate to participate 
in the political process and to elect representatives of their choice. 
The extent to which members of a protected class have been elected 
to office in the State or political subdivision is one circumstance 
which may be considered:. Provided, That nothing in this section 



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establishes a right to have members of a protected class elected in 
numbers equal to their proportion in the population . 

SEc. 3. (a) Whenever the Attorney General or an aggrieved per­
son institutes a proceeding under any statute to enforce the voting 
guarantees of the fourteenth or fifteenth amendment in any State 
or political subdivision the court shall authorize the appointment 
of Federal examiners by the Director of the Office of Personnel 
Management in accordance with section 6 to serve for such period 
of time for such political subdivisions as the court shall determine 
is appropriate to enforce the voting guarantees of the fourteenth 
or fifteenth amendment (1) as part of any interlocutory order if 
the court determines that the appointment of such examiners is 
necessary to enforce such voting guarantees or (2) as part of any 
final judgment if the court finds that violations of the fourteenth 
or 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 9F __sg_lor, 
or in contravention of the guarantees set forth in section 4(f)(2) 
(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 prob­
ability of their recurrence in the future . 

(b) If in a proceeding instituted by the 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 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, or in contravention of the guarantees set forth in section 
4(f)(2) , 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 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 four­
teenth or fif~eenth amendment justifying equitable relief have oc­
curred 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 dur­
ing such period no voting qualification or prerequisite to voting, 
or standard, practice, or procedure with respect to voting different 



3 

from that in force or effect at the time the proceeding was com­
menced 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, or in con­
travention of the guarantees set forth in section 4(f)(2): Provided, 
That such qualification, prerequisite, standard, practice, or pro­
cedure may be enforced if the qualification, prerequisite, standard, 
practice, or procedure has been submitted by the chief legal of­
ficer or other appropriate official of such State or subdivision to 
the Attorney General and 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. 

[Note: The following provision, section 4(a), is in effect only 
until August 5, 1984:] 

SEc . 4. (a) To assure that the right of citizens of the United 
States to vote is not denied or abridged on account of race or color, 
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 
been made under the first two sentences of subsection (b) 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 judg­
ment brought by such State or subdivision against the United States 
has determined that no such test or device has been used during 
the nineteen years preceding the filing of the action for the pur­
pose or with the effect of denying or abridging the right to vote 
on account of race or color: Provided, That no such declaratory 
judgment shall issue with respect to any plaintiff for a period of 
nineteen 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 Act, determining that denials or abridgements of the right 
to vote on account of race or color through the use of such tests 
or devices have, occurred anywhere in the territory of such plain­
tiff. 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 
been made under the third sentence of subsection (b) of this sec­
tion or in any political subdivision with respect to which such deter­
minations have been made as a separate unit, unless the United 



1 

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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 fil ing 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 
abridgements 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. 

An action pursuant to this subsection shall be heard and deter­
mined by a court of three judges in accordance with the provisions 
of section 2284 of title 28 of the United States Code and any ap­
peal shall lie to the Supreme Court. The court shall retain jurisdic­
tion of any action pursuant to this subsection for five years after 
judgment and shall reopen the action upon motion of the Attorney 
General alleging that a test or device has been used for the pur­
pose 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). 

If the Attorney General determines that he has no reason to 
believe that any such test or device has been used during the nine­
teen years preceding the filing of an action under the first 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, he shall 
consent to the entry of such judgment. 

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 con­
travention of the guarantees set forth in section 4(f)(2) he shall con­
sent to the entry of such judgment. 

[Note: The following provision, section 4(a), is effective on and 
after August 5, 1984:] 

SEc. 4. (a)(l) To assure that the right of citizens of the United 
States to vote is not denied or abridged on account of race or col­
or, 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 



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device in any State with respect to which the determinations have 
been made under the first two sentences of subsection (b) or in any 
political subdivision of such State (as such subdivision existed on 
the date such determinations were made with respect to such State), 
though such determinations were not made with respect to such 
subdivision as a separate unit, 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 Co­
lumbia issues a declaratory judgment under this section. No citizen 
shall be denied the right to vote in any Federal, State, or local elec­
tion because of his failure to comply with any test or device in any 
State with respect to which the determinations have been made 
under the third sentence of subsection (b) of this section or in any 
political subdivision of such State (as such subdivision existed on 
the date such determinations were made with respect to such State), 
though such determinations were not made with respect to such 
subdivision as a separate unit, 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 Co­
lumbia issues a declaratory judgment under this section. A 
declaratory judgment under this section shall issue only if such court 
determines that during the ten years preceding the filing of the ac­
tion, and during the pendency of such action-

(A) no such test or device has been used within such State 
or political subdivision for the purpose or with the effect of de­
nying or abridgil}.g the right to vote on account of race or color 
or (in the case of a State or subdivision seeking a declaratory 
judgment under the second sentence of this subsection) in con­
travention of the guarantees of subsection (f)(2); 

(B) no final judgment of any court of the United States, other 
than the denial of declaratory judgment under this section, has 
determined that denials or abridgements of the right to vote on 
account of race or color have occurred anywhere in the territory 
of such State or political subdivision or (in the case of a State 
or subdivision seeking a declaratory judgment under the second 
sentence of this subsection) that denials or abridgements of the 
right to vote in contravention of the guarantees of subsection 
(f)(2) have occurred anywhere in the territory of such State or 
subdivision and no consent decree, settlement, or agreement has 
been entered into resulting in any abandonment of a voting prac­
tice challenged on such grounds; and no declaratory judgment 
under this section shall be entered during the pendency of an 
action commenced before the filing of an action under this sec­
tion and alleging such denials or abridgements of the right to 
vote; 



6 

(C) no Federal examiners under this Act have been assigned 
to such State or political subdivision; 

(D) such State or political subdivision and ail governmental 
units within its territory have complied with section 5 of this 
Act, including compliance with the requirement that no change 
covered by section 5 has been enforced without preclearance 
under section 5, and have repealed ail changes covered by sec­
tion 5 to which the Attorney General has successfuily objected 
or as to which the United States District Court for the District 
of Columbia has denied a declaratory judgment; 

(E) the Attorney General has not interposed any objection 
(that has not been overturned by a final judgment of a court) 
and no declaratory judgment has been denied under section 5, 
with respect to any submission by or on behalf of the plaintiff 
or any governmental unit within its territory under section 5, 
and no such submissions or declaratory judgment actions are 
pending; and 

(F) such State or political subdivision and ail governmental 
units within its territory-

(i) have eliminated voting procedures and methods of 
election which inhibit or dilute equal access to the electoral 
process; 

(ii) have engaged in constructive efforts to eliminate in­
timidation and harassment of persons exercising rights pro­
tected under this Act; and 

(iii) have engaged in other constructive efforts, such as 
expanded opportunity for convenient registration and 
voting for every person of voting age and the appointment 
of minority persons as election officials throughout the 
jurisdiction and at ail stages of the election and registra­
tion process. 

(2) To assist the court in determining whether to issue a 
declaratory judgment under this subsection, the plaintiff shail pre­
sent evidence of minority participation, including evidence of the 
levels of minority group registration and voting, changes in such 
levels over time, and disparities between minority-group and non­
minority-group participation. 

(3) No declaratory judgment shail issue under this subsection 
with respect to such State or political subdivision if such plaintiff 
and governmental units within its territory have, during the period 
beginning ten years before the date the judgment is issued, engaged 
in violations of any provision of the Constitution or laws of the 
United States or any State or political subdivision with respect to 



7 

discrimination in voting on account of race or color or (in the case 
of a State or subdivision seeking a declaratory judgment under the 
second sentence of this subsection) in contravention of the 
guarantees of subsection (f)(2) unless the plaintiff establishes that 
any such violations were trivial, were promptly corrected, and were 
not repeated. 

(4) The State or political subdivision bringing such action shall 
publicize the intended commencement and any proposed settlement 
of such action in the media serving such State or political subdivi­
sion and in appropriate United States post offices. Any aggrieved 
party may as of right intervene at any stage in such action. 

(5) An action pursuant to this subsection shall be heard and 
determined by a court of three judges in accordance with the pro­
visions of section 2284 of title 28 of the United States Code and 
any appeal shall lie to the Supreme Court. The court shall retain 
jurisdiction of any action pursuant to this subsection for ten years 
after judgment and shall reopen the action upon motion of the At­
torney General or any aggrieved person alleging that conduCt has 
occurred which, had that conduct occurred during the ten-year 
periods referred to in this subsection, would have precluded the 
issuance of a declaratory judgment under this subsection. The court, 
upon such reopening, shall vacate the declaratory judgment issued 
under this section if, after the issuance of such declaratory judg­
ment, a final judgment against the State or subdivision with respect 
to which such declaratory judgment was issued, or against any 
governmental unit within that State or subdivision, determines that 
denials or abridgements of the right to vote on account of race or 
color have occurred anywhere in the territory of such State or 
political subdivision or (in the case of a State or subdivision which 
sought a declaratory judgment under the second sentence of this 
subsection) that denials or abridgements of the right to vote in con­
travention of the guarantees of subsection (f)(2) have occurred 
anywhere in the territory of such State or subdivision, or if, after 
the issuance of such declaratory judgment, a consent decree, set­
tlement, or agreement has been entered into resulting in any aban­
donment of a voting practice challenged on such grounds. 

(6) If, after two years from the date of the filing of a declaratory 
judgment under this subsection, no date has been set for a hearing 
in such action, and that delay has not been the result of an avoidable 
delay on the part of counsel for any party, the chief judge of the 
United States District Court for the District of Columbia may re­
quest the Judicial Council for the Circuit of the District of Co­
lumbia to provide the necessary judicial resources to expedite 



1 

8 

any action filed under this section. If such resources arc unavailable 
within the circuit, the chief judge shall file a certificate of neces­
sity in accordance with section 292(d) of title 28 of the United States 
Code. 

(7) The Congress shall reconsider the provisions of this section 
at the end of the fifteen-year period following the effective date 
of the amendments made by the Voting Rights Act Amendments 
of 1982. 

(8) The provisions of this section shall expire at the end of the 
twenty-five-year period following the effective date of the amend­
ments made by the Voting Rights Act Amendments of 1982. 

(9) Nothing in this section sha:ll prohibit the Attorney General 
from consenting to an entry of judgment if based upon a showing 
of objective and compelling evidence by the plaintiff, and upon 
investigation, he is satisfied that the State or political subdivision 
has complied with the requirements of section 4(a)(l). Any ag­
grieved party may as of right intervene at any stage in such action. 

(b) The provisions of subsection (a) shall apply in any State or 
in any political subdivision of a State which (1) the Attorney 
General determines maintained on November 1, 1964, any test or 
device, and with respect to which (2) the Director of the Census 
determines that less than 50 per centum of the persons of voting 
age residing therein were registered on November 1, 1964, or that 
less than 50 per centum of such persons voted in the presidential 
election of November 1964. On and after August 6, 1970, in addi­
tion to any State or political subdivision of a State determined to 

be subject to subsection (a) pursuant to the previous sentence, 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, 1968, any test or device, and with 
respect to which (ii) the Director of the Census determines that less 
than 50 per centum of the persons of voting age residing therein 
were registered on November 1, 1968, or that less than 50 per cen­
tum of such persons voted in the presidential election of November 
1968. On and after August 6, 1975, in addition to any State or 
political subdivision of a State determined to be subject to subsec­
tion (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 cen­
tum of the citizens of voting age were registered on November 1, 



9 

1972, or that less than 50 per centum of such persons voted in the 
presidential election of November 1972. 

A determination or certification of the Attorney General or of 
the Director of the Census under this section or under section 6 
or section 13 shall not be reviewable in any court and shal l be ef­
fective upon publication in the Federal Register. 

(c) The phrase "test or device" shall mean any requirement that 
a person as a prerequisite for voting or registration for voting 
(I) 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. 

(d) For purposes of this section no State or political subdivision 
shall be determined to have engaged in the use of tests or devices 
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) if (I) incidents of such use 
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 proba­
bility of their recurrence in the future. 

(e)(!) Congress hereby declares that to secure the rights under 
the fourteenth amendment of persons educated in American-flag 
schools in which the predominant classroom language was other 
than English, it is necessary to prohibit the States from condition­
ing the right to vote of such persons on ability to read, write, under­
stand, or interpret any matter in the English language. 

(2) No person who demonstrates that he has successfully com­
pleted the sixth primary grade in a public school in, or a private 
school accredited by, any State or territory, the District of Colum­
bia, of the Commonwealth of Puerto Rico in which the predomi­
nant classroom language was other than English, shall be denied 
the right to vote in any Federal, State, or local election because 
of his inability to read, write, understand, or interpret any matter 
in the English language, except that in States in which State law 
provides that a different level of education is presumptive of 
literacy, he shall demonstrate that he has successfully completed 
an equivalent level of education in a public school in, or a private 
school accredited by, any State or territory, the District of Colum­
bia, or the Commonwealth of Puerto Rico in which the predomi­
nant classroom language was other than English. 



10 

(f)( I) 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 domi­
nant language is other than English. In addition they have been 
denied equal educational opportunities by State and local govern­
ments, 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 Con­
gress declares that, in order to enforce the guarantees of the four­
teenth and fifteenth amendments to the United States Constitu­
tion, it is necessary to eliminate such discrimination by prohibiting 
English-only elections, and by prescribing other remedial devices. 

(2) No voting qualification or prerequisite to voting, or stand­
ard, 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), 
the term "tesf or device" shall also mean any practice or require­
ment 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, in­
cluding 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 minority. With respect to sec­
tion 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) pro-vides any 
registration or voting notices, forms, instructions, assistance, or 
other materials or information relating to the electoral process, in­
cluding ballots, it shall provide thern in the language of the ap­
plicable language 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 re­
quired to furnish oral instructions, assistance, or other informa­
tion relating to registration and voting. 



11 

SEc. 5. Whenever a State or political subdivision with respect 
to which the prohibitions set forth in section 4(~) based upon deter­
minations made under the first sentence of section 4(b) are in ef­
fect 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 Novem­
ber 1, 1964, or whenever a State or political subdivision with respect 
to which the prohibitions set forth in section 4(a) based upon deter­
minations made under the second 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 Novem­
ber 1, 1968, or whenever a State or political subdivision with respect 
to which the prohibitions set forth in section 4(a) based UROn deter­
minations maqe under the third sentence of section 4(b) are in ef­
fect 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 Novem­
ber 1, 1972, such State or subdivision may institute an action in 
the United States District Court for the District of Columbia for 
a declaratory judgment that such qualification, prerequisite, stand­
ard, 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, or in contravention of the guarantees set forth 
in section 4(f)(2), and unless and until the court enters such judg­
ment no person shall be denied the right to vote for failure to com­
ply with such qualification, prerequisite, standard, practice, or pro­
cedure: Provided, That such qualific_ation, prerequisite, standard, 
practice, or procedure may be enforced witlibut such proceeding 
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 and 
the Attorney General has not interposed an objection within sixty 
days after such submission, or upon good cause shown, to facilitate 
an expedited approval within sixty days ;:tfter such submission, the 
Attorney General has affirmatively indicated that such objection 
will not be made. Neither an affirmative indication by the Attorney 
General that no objection will be made, nor the Attorney General's 
failure to object, nor a declaratory judgment entered under this 
section shall bar a subsequent action to enjoin enforcement of such 
qualification, prerequisite, standard, practice, or procedure. In the 
event the Attorney General affirmatively indicates that no objec­
tion will be made within the sixty-day period following receipt of 



12 

a submission, the Attorney General may reserve the right to reex­
amine the submission if additional information comes to his at­
tention during the remainder of the sixty-day period which would 
otherwise require objection in accordance with this section. Any 
action under this section shall be heard and determined by a court 
of three judges in accordance with the provisions of section 2284 
of title 28 of the United States Code and any appeal shall lie to 
the Supreme Court. 

SEc. 6. Whenever (a) a court has authorized the appointment of 
examiners pursuant to the provisions of section 3(a), or (b) unless 
a declaratory judgment has been rendered under section 4(a), the 
Attorney General certifies with respect to any political subdivision 
named in, or included within the scope of, determinations made 
under section 4(b) that (I) he has received complaints in writing 
from twenty or more residents of such political subdivision alleg­
ing that they have been denied the right to vote under color of law 
on account of race or color, or in contravention of the guarantees 
set forth in section 4(f)(2), and that he believes such complaints 
to be meritorious, or (2) that in his judgment (considering, among 
other factors, whether the ratio of nonwhite persons to white per­
sons registered to vote within such subdivision appears to him to 
be reasonably attributable to violations of the fourteenth or fif­
teenth amendment or whether substantial evidence exists that bona 
fide efforts are being made within such subdivision to comply with 
the fourteenth or fifteenth amendment), the appointment of ex­
aminers is otherwise necessary to enforce the guarantees of the four­
teenth or fifteenth amendment, the Director of the Office of Per­
sonnel Management shall appoint as many examiners for such sub­
division as he may deem appropriate to prepare and maintain lists 
of persons eligible to vote in Federal, State, and local elections . 
Such examiners, hearing officers provided for in section 9(a), and 
other persons deemed necessary by the Director of the Office of 
Personnel Management to carry out the provisions and purposes 
of this Act shall be appointed, compensated, and separated without 
regard to the provisions of any statute administered by the Director 
of the Office of Personnel Management, and service under this Act 
shall not be considered employment for the purposes of any statute 
administered by the Director of the Office of Personnel Manage­
ment, except the provisions of section 9 of the Act of August 2, 
1939, as amended (5 U .S.C. 7324), prohibiting partisan political ac­
tivity: Provided, That the Director of the Office of Persom1el Man­
agement is authorized, after consulting the head of the appropriate 
department or agency, to designate suitable persons in the official 
service of the United States, with their consent, to serve in these 



13 

positions. Examiners and hearing officers shall have the power to 
administer oaths. 

SEc. 7. (a) The examiners for each political subdivision shall, 
at such places as the Director of the Office of Personnel Manage­
ment shall by regulation designate, examine applicants concerning 
their qualifications for voting. An application to an examiner shall 
be in such form as the Commission may require and shall contain 
allegations that the applicant is not otherwise registered to vote. 

(b) Any person whom the examiner finds, in accordance with 
instructions received under section 9(b ), to have the qualifications 
prescribed by State law not inconsistent with the Constitution and 
laws of the United States shall promptly be placed on a list of eligi­
ble voters. A challenge to such listing may be made in accordance 
with section 9(a) and shall not be the basis for a prosecution under 
section 12 of this Act. The examiner shall certify and transmit such 
list, and any supplements as appropriate, at least once a month, 
to the offices of the appropriate election officials, with copies to 
the Attorney General and the attorney general of the State, and 
any such lists and supplements thereto transmitted during the month 
shall be available for public inspection on the last business day of 
the month and in any event not later than the forty-fifth day prior 
to any election. The appropriate State or local election official shall 
place such names on the official voting list. Any person whose name 
appears on the examiner's list shall be entitled and allowed to vote 
in the election district of his residence unless and until the ap­
propriate election officials shall have been notified that such per­
son has been removed from such list in accordance with subsec­
tion (d): Provided, That no person shall be entitled to vote in any 
election by virtue of this Act unless his name shall have been cer­
tified and transmitted on such a list to the offices of the appropriate 
election officials at least forty-five days prior to such election. 

(c) The examiner shall issue to each person whose name appears 
on such a list a certificate evidencing his eligibility to vote . 

(d) A person whose name appears on such a list shall be remov­
ed therefrom by an examiner if (1) such person has been successfully 
challenged in accordance with the procedure prescribed in section 
9, or (2) has been determined by an examiner to have lost his 
eligibility to vote under State law not inconsistent with the Con­
stitution and the laws of the United States. 

SEc. 8. Whenever an examiner is serving under this Act in any 
political subdivision, the Director of the Office of Personnel 
Management may assign, at the request of the Attorney General, 
one or more persons, who may be officers of the United States, 



14 

(1) to enter and attend at any place for holding an election in such 
subdivision for the purpose of observing whether persons who are 
entitled to vote are being permitted to vote, and (2) to enter and 
attend at any place for tabulating the votes cast at any election held 
in such subdivision for the purpose of observing whether votes cast 
by persons entitled to vote are being properly tabulated. Such per­
sons so assigned shall report to an examiner appointed for such 
political subdivision, to the Attorney General, and if the appoint­
ment of examiners has been authorized pursuant to section 3(a), 
to the court. 

SEc. 9. (a) Any challenge to a listing on an eligibility list 
prepared by an examiner shall be heard and determined by a hear­
ing officer appointed by and responsible to the Director of the Of- . 
fice of Personnel Management and under such rules as the Direc­
tor of the Office of Personnel Management shall by regulation 
prescribe. Such challenge shall be entertained only if filed at such 
office within the State as the Director of the Office of Personnel 
Management shall by regulation designate, and within ten days after 
the listing of the challenged person is made available for public 
inspection, and if supported by (1) the affidavits of at least two 
persons having personal knowledge of the facts constituting grounds 
for the challenge, and (2) a certification that a copy of the challenge 
and affidavits have been served by mail or in person upon the per­
son challenged at his place of residence set out in the application. 
Such challenge shall be determined within fifteen days after it has 
been filed. A petition for review of the decision of the hearing of­
ficer may be filed in the United States court of appeals for the cir­
cuit in which the person challenged resides within fifteen days after 
service of such decision by mail on the person petitioning for review 
but no decision of a hearing officer shall be reversed unless 
clearly erroneous. Any person listed shall be entitled and allowed 
to vote pending final determination by the hearing officer and by 
the court. 

(b) The times, places, procedures, and form for application and 
listing pursuant to this Act and removals from the eligibility lists 
shall be prescribed by regulations promulgated by the Director of 
the Office of Personnel Management and the Director ofthe Of­
fice of Personnel Management shall, after consultation with the 
Attorney General, instruct examiners concerning applicable State 
law not inconsistent with the Constitution and laws of the United 
States with respect to (1) the qualifications required for listing, and 
(2) loss of eligibility to vote. 



15 

(c) Upon the request of the applicant or the challenger or on 
its own motion the Direct.or of the Office of Personnel Manage­
ment shall have the power to require by subpoena the attendance 
and testimony of witnesses and the production of documentary 
evidence relating to any matter pending before it under the authority 
of this section. In case of contumacy or refusal to obey a subpoena, 
any district court of the United States or the United States court 
of any territory or possession, or the District Court of the United 
States for the District of Columbia, within the jurisdiction of which 
said person guilty of contumacy or refusal to obey is found or 
resides or is domiciled or transacts business, or has appointed an 
agent for receipt of service of process, upon application by the At­
torney General of the United States shall have jurisdiction to issue 
to such person an order requiring such person to appear before 
the Director of the Office of Personnel Management or a hearing 
officer, there to produce pertinent, relevant, and nonprivileged 
documentary evidence if so ordered, or there to give testimony 
touching the matter under investigation; and any failure to obey 
such order of the court may be punished by said court as a con­
tempt thereof. 

SEc. 10. (a) The Congress finds that the requirement of the 
payment of a poll tax as a precondition to voting (i) precludes per­
sons of limited means from voting or imposes unreasonable finan­
cial hardship upon such persons as a precondition to their exercise 
of the franchise, (ii) does not bear a reasonable relationship to any 
legitimate State interest in the conduct of elections, and (iii) in some 
areas has the purpose or effect of denying persons the right to vote 
because of race or color. Upon the basis of these findings, Con­
gress declares that the constitutional right of citizens to vote is 
denied or abridged in some areas by the requirement of the pay­
ment of a poll tax as a precondition to voting. 

(b) In the exercise of the powers of Congress under section 5 
of the fourteenth amendment, section 2 of the fifteenth amend­
ment and section 2 of the twenty-fourth amendment, the Attorney 
General is authorized and directed to institute forthwith in the name 
of the United States such actions, including actions against States 
or political subdivisions, for declaratory judgment or injunctive 
relief against the enforcement of any requirement of the payment 
of a poll tax as a precondition to voting, or substitute therefor 
enacted after November 1, 1964, as will be necessary to Implement 
the declaration of subsection (a) and the purposes of this section. 

/ 

(c) The district courts of the United States shall have jurisdic-
tio~ of such actions which shall be heard a~chletermined by a court 
of three judges in accordance with the provisions of section 



16 

2284 of title 28 of the United States Code and any appeal shall lie 
to the Supreme Court. It shall be the duty of the judges designated 
to hear the case to assign the case for hearing at the earliest prac­
ticable date, to participate in the hearing and determination thereof, 
and to cause the case to be in every way expedit~d. 

SEc. 11. (a) No person acting under color of law shall fail or 
refuse to permit any person to vote who is entitled to vote under 
any provision of this Act or is otherwise qualified to vote, or will­
fully fail or refuse to tabulate , count, and report such person's vote. 

(b) No person, whether acting under color of law or otherwise, 
shall intimidate, threaten, or coerce, or attempt to intimidate, 
threaten, or coerce any person for voting or attempting to vote, 
or intimidate, threaten , or coerce, or attempt to intimidate, 
threaten, or coerce, any person for urging or aiding any person 
to vote or attempt to vote, or intimidate, threaten, or coerce any 
person for exercising any powers or duties under section 3(a), 6, 
8, 9, 10, or 12(e). 

(c) Whoever knowingly or willfully gives false information as 
to his name, address, or period of residence in the voting district 
for the purpose of establishing his eligibility to register or vote, 
or conspires with another individual for the purpose of encourag­
ing his false registration to vote or illegal voting; or pays or offers 
to pay or accepts payment either for registration to vote or for 
voting shall be fined not more than $10,000 or imprisoned riot more 
than five years, or both: Provided, however, That this provision 
shall be applicable only to general, special, or primary elections 
held solely or in part for the purpose of selecting or electing 
any candidate for the office of President, Vice President, presiden­
tial elector, Member of the United States Senate, Member of the 
United States House of Representatives, Delegate from the District 
of Columbia, Guam, or the Virgin Islands, or Resident Commis­
sioner of the Commonwealth of Puerto Rico. 

(d) Whoever, in any matter within the jurisdiction of an examiner 
or hearing officer knowingly and willfully falsifies or conceals a 
material fact, or makes any false, fictitious, or fraudulent 
statements or representations, or makes or uses any false writing 
or document knowing the same to contain any false, fictitious, or 
fraudulent statement or entry, shall be fined not more than $10,000 
or imprisoned not more than five years, or both. 

(e)(l) Whoever votes more than once in an election referred to 
in paragraph (2) shall be fired not more than $10,000 or imprisoned 
not more than five years, or both. 

(2) The prohibition of this subsection applies with respect to any 
general, special, or primary election held solely or in part for 



17 

the purpose of selecting or electing any candidate for the office 
of President, Vice President, presidential elector, Member of the 
United States Senate, Member of the United States House of 
Representatives, Delegate from the District of Columbia, Guam, 
or the Virgin Islands, or Resident Commissioner of the Com­
monwealth of Puerto Rico. 

(3) As used in this subsection, the term "votes more than once" 
does not include the casting of an additional ballot if all prior ballots 
of that voter were invalidated, nor does it include the voting in two 
jurisdictions under section 202 of this Act, to the extent two ballots 
are not cast for an election to the same candidacy or office. 

SEc. 12. (a) Whoever shall deprive or attempt to deprive any 
person of any right secured by section 2, 3, 4, 5, 7, or I 0 or shall 
violate section II (a), shall be fined not more than $5,000, or im­
prisoned not more than five years, or both. 

(b) Whoever, within a year following an election in a political 
subdivision in which an examiner has been appointed (1) destroys, 
defaces, mutilates, or otherwise alters the marking of a paper ballot 
which has been cast in such election, or (2) alters any official record 
of voting in such election tabulated from a voting machine or other­
wise, shall be fined not more than $5,000, or imprisoned not more 
than five years, or both. 

(c) Whoever conspires to violate the provisions of subsection (a) 
or (b) of this section, or interferes with any right secured by sec­
tion 2, 3, 4, 5, 7, 10, or ll(a) shall be fined not more than $5,000, 
or imprisoned not more than five years, or both . 

(d) Whenever any person has engaged or there are reasonable 
grounds to believe that any person is about to engage in any act 
or practice prohibited by section 2, 3, 4, 5, 7, 10, 11, or subsection 
(b) of this section, the Attorney General may institute for the United 
States, or in the name of the United States, an action for preven­
tive relief, including an application for a temporary or permanent 
injunction, restraining order, or other order, and including an order 
directed to the State and State or local election officials to require 
them (1) to permit persons listed under this Act to vote and (2) to 
count such votes. 

(e) Whenever in any political subdivision in which there are ex­
aminers appointed pursuant to this Act any persons allege to such 
an examiner within forty-eight hours after the closing of the polls 
that notwithstanding (1) their listing under this Act or registration 
by an appropriate election official and (2) their eligibility to vote, 
they have not been permitted to vote in such election, the examiner 
shall forthwith notify the Attorney General if such allegations in 



18 

his opinion appear to be well founded. Upon receipt of such 
notification the Attorney General may forthwith file with the 
district court an application for an order providing for the mark­
ing, casting, and counting of the ballots of such persons and re­
quiring the inclusion of their votes in the total vote before the results 
of such election shall be deemed final and any force or effect given 
thereto. The district court shall hear and determine such matters 
immediately after the filing of such application. The remedy pro­
vided in this subsection shall not preclude any remedy available 
under State or Federal law. 

(f) The district courts of the United States shall have jurisdic­
tion of proceedings instituted pursuant to this section and shall ex­
ercise the same without regard to whether a person asserting rights 
under the provisions of this Act shall have exhausted any ad­
ministrative or other remedies that may be provided by law. 

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 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 sub­
division with respect to which the Director of the Census has deter­
mined that more than 50 per centum of the nonwhite persons of 
voting age residing therein are registered to vote, (1) that all per­
sons 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, or in con­
travention of the guarantees set forth in section 4(f)(2) in such sub­
division, and (b), with respect to examiners appointed pursuant to 
sectlon 3(a), upon order of the authorizing court. A political sub­
division may petition the Attorney General for the termination of 
listing procedures under clause (a) of this section, and may peti­
tion the Attorney General to request the Director of the Census 
to take such survey or census as may be appropriate for the mak­
ing of the determination provided for in this section. The District 
Court for the District of Columbia shall have jurisdiction to re­
quire such survey or census to be made by the Director of the Cen­
sus 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. 

SEc. 14. (a) All cases of criminal contempt arising under the 
provisions of this Act shall be governed by section 151 of the Civil 
Rights Act of 1957 (42 U.S.C. 1995). 



19 

(b) No court other than the District Court for the District of 
Columbia or a court of appeals in any proceeding under section 
9 shall have jurisdiction to issue any declaratory judgment pursuant 
to section 4 or section 5 or any restraining order or temporary or 
permanent injunction against the execution or enforcement of any 
provision of this Act or any action of any Federal officer or 
employee pursuant hereto. 

(c)(l) The terms "vote" or "voting" shall include all action 
necessary to make a vote effective in any primary, special, or general 
election, including, but not limited to, registration, listing pursuant 
to this Act, or other action required by law prerequisite to voting, 
casting a ballot, and having such a ballot counted properly and 
included in the appropriate totals of votes cast with respect to can­
didates for public or party office and propositions for which votes 
are received in an election. 

(2) The term "political subdivision" shall mean any 
county or parish, except that where registration for voting is not 
conducted under the supervision of a county or parish, the term 
shall include any other subdivision of a State which conducts 
registration for voting. 

(3) The term "language minorities" or "language minority 
group" means persons who are American Indian, Asian American, 
Alaskan Natives or of Spanish heritage. 

(d) In any action for a declaratory judgment brought pursuant 
to section 4 or section 5 or this Act , subpoenas for witnesses who 
are required to attend the District Court for the District of Co­
lumbia may be served in any judicial district of the United 
States: Provided, That no writ of subpoena shall issue for witnesses 
without the District of Columbia at a greater distance than one hun­
dred 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. 

(e) In any action or proceeding to enforce the voting guarantees 
of the fourteenth or fifteenth amendment, the court, in its discre­
tion, may allow the prevailing party, other than the United States, 
a reasonable attorney's fee as part of the costs. 

SEc. 15. Section 2004 of the Revised Statutes (42 U.S.C. 1971), 
as amended by section 131 of the Civil Rights Act of 1957 (71 Stat. 
637), and amended by section 601 of the Civil Rights Act of 1960 
(74 Stat. 90), and as further amended by section 101 of the Civil 
Rights Act of 1964 (78 Stat. 241), is further amended as follows: 

(a) Delete the word "Federal" wherever it appears in subsec­
tions (a) and (c); 



20 

(b) Repeal subsection (f) and designate the present subsections 
(g) and (h) as (f) and (g), respectively. 

SEc. 16. The Attorney General and the Secretary of Defense, 
jointly, shall make a full and complete study to determine whether, 
under the laws or practices of any State or States, there are precon­
ditions to voting, which might tend to result in discrimination 
against citizens serving in the Armed Forces of the United States 
seeking to vote. Such officials shall, jointly, make a report to the 
Congress not later than June 30, 1966, containing the results of 
such study, together with a list of any States in which such precon­
ditions exist, and shall include in such report such recommenda­
tions for legislation as they dee~p advisable to prevent discrimina­
tion in voting against citizens serving in the Armed Forces of the 
United States. 

SEc. 17. Nothing in this Act shall be construed to deny, im­
pair, or otherwise adversely affect the right to vote of any person 
registered to vote under the law of any State or political subdivision. 

SEc. 18. There are hereby authorized to be appropriated such 
sums as are necessary to carry out the provisions of this Act. 

SEc. 19. If any provision of this Act or the application thereof 
to any person or circumstances is held invalid, the remainder of 
the Act and the application of the provision to other persons not 
similarly situated or to other circumstances shall not be affected 
thereby. 

TITLE II- SUPPLEMENTAL PROVISIONS 

APPLICATION OF PROHIBITION TO OTHER STATES 

SEc. 201. (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 subdivi­
sion 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 registra­
tion for voting (1) demonstrate the ability to read, write, under­
stand, 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. 



21 

RESIDENCE REQUIREMENTS FOR VOTING 

SEc . 202. (a) The Congress hereby finds that the imposition 
and application of the durational residency requirement as a precon­
dition to voting for the offices of P resident and Vice President , 
and the lack of sufficient opportunities for absentee registration 
and absentee balloting in presidential elections-

(!) 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, se-c­
tion 2, clause 1, of the Constitution; 

(4) in some instances has the impermissible purpose or ef­
fect 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 compell­
ing State interest in the conduct of presidential elections. 

(b) 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 presiden­
tial elections. 

(c) No citizen of the t.Inited 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 Presi­
dent, or for President and Vice President, in such election because 
of the failure of such citizen to comply with any durational resi­
dency requirement of such State or political subdivision; nor shall 
any citizen of the United States be denied the right to vote for elec­
tors 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 



22 

requirements prescribed by the law of such State or political sub­
division providing for the casting of absentee ballots in such 
election. 

(d) 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 registra­
tion or qualification to vote for the choice of electors for Presi­
dent 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 ap­
propriate election official of such State not later than the time of 
closing of the polls in such State on the day of such election. 

(e) If any citizen of the United States who is otherwise qualified 
to vote in any State or political subdivision in any election for Presi­
dent and Vice President has begun residence in such State or 
political subdivision after the thirtieth day next preceding such elec­
tion and, for that reason, does not satisfy the registration re­
quirements of such State or political subdivision he shall be allowed 
to vote for the choice of electors for President and Vice President, 
or for President and Vice President, in such election, (1) in person 
in the State or political subdivision in which he resided immediately 
prior to his removal if he had satisfied, as of the date of his change 
of residence, the requirements to vote in that State or political sub­
division, or (2) by absentee ballot in the State or political subdivi­
sion in which he resided immediately prior to his removal if he 
satisfies, but for his nonresident status and the reason for his 
absence, the requirements for absentee voting in that State or 
political subdivision. 

(f) 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 t_!l_e_. 
right to vote for the choice of electors for President and Vice Presi­
dent, or for President and Vice President, in such election because 
of any requirement of registration that does not include a provi­
sion for absentee registration. 



23 

(g) Nothing in this section shall prevent any State or political 
subdivision from adopting less restrictive voting practices than those 
that are prescribed herein. 

(h) The term "State" as used in this section includes each of 
the several States and the District of Columbia. 

(i) The provisions of section ll(c) shall apply to false registra­
tion, and other fraudulent acts and conspiracies, committed under 
this section. 

BILINGUAL ELECTION REQUIREMENTS 

SEc. 203. (a) 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 une­
qual educational opportunities afforded them, resulting in high il­
literacy 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. 

(b) Prior to August 6, 1992, no State or political subdivision shall 
provide registration or voting notices, forms, instructions, 
assistance, or other materials or information relating to the elec­
toral process, including ballots, only in the English language if the 
Director of the Census determines (i) that more than 5 percent of 
the citizens of voting age of such State or political subdivision are 
members of a single language minority and (ii) that the illiteracy 
rate of such persons as a group is higher than the national illiteracy 
rate: Provided, That the prohibitions of this subsection shall not 
apply in any political subdivision which has less than five percent 
voting age citizens of each language minority which comprises over 
five percent of the statewide population of voting age citizens. For 
purposes of this subsection, illiteracy means the failure to complete 
the fifth primary grade. 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. 



24 

[Note: Section 4 of the Voting Rights Act Amendments of 1982 
states: "Section 203(b) of the Voting Rights Act of 1965 is amended 
by striking out 'August 6, 1985' and inserting in lieu thereof 
'August 6, 1992', and the extension made by this section shall apply 
only to determinations made by the Director of the Census under 
clause (i) of section 203(b) for members of a single language minor­
ity who do not speak or understand English adequately enough to 
participate in the electoral process when such a determination can 
be made by the Director of the Census based on the 1980 and subse­
quent census data. '1 

(c) Whenever any State or political subdivision subject to the 
prohibition of subsection (b) of this section provides any registra­
tion 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 un­
written 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. 

(d) 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 Sta\e or political subdivision is equal to or less than the 
national illiteracy rate. 

(e) 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. 

JUDICIAL RELIEF 

SEc. 204. 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 viola­
tion of the prohibition contained in section 201, or (b) undertakes 
to deny the right to vote in any election in violation of section 202, 
or 203, 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, 



25 

in accordance with sections 1391 through 1393 of title 28, United 
States Code, for a restraining order, a preliminary or permanent 
injunction, or such other order as he deems appropriate. An ac­
tion 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 of the United States Code and any appeal shall be to 
the Supreme Court. 

PENALTY 

SEc. 205. Whoever shall deprive or attempt to deprive any per­
son of any right secured by section 20 I, 202, or 203 of this title 
shall be fined not more than $5,000 or imprisoned not more than 
five years, or both. 

SEPARABILITY 

SEc. 206. If any provision of this Act or the application of any 
provision thereof to any person or circumstance is judicially deter­
mined to be invalid, the remainder of this Act or the application 
of such provision to other persons or circumstances shall not be 
affected by such determination. 

SEc. 207. (a) Congress hereby directs the Director of the Cen­
sus 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 4(a) of the Voting Rights Act of 
1965 are in effect, for every statewide general election for Members 
of the United States House of Representatives after January 1, 1974; 
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. 

(b) 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 in­
formation shall be fully advised of his right to fail or refuse to fur­
nish such information. 

(c) 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. 



26 

{d) The provisions of section 9 and chapter 7 of title 13 of the 
United States Code shall apply to any survey, collection, or com­
pilation of registration and voting statistics carried out under 
subsection (a) of this section. 

VOTING ASSISTANCE 

SEc. 208. 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. 

TITLE III-EIGHTEEN-YEAR-OLD VOTING 
AGE 

ENFORCEMENT OF TWENTY-SIXTH AMENDMENT 

SEc. 301. (a)(l) The Attorney General is directed to institute, 
in the name of the United States, such actions against States or 
political subdivisions, including actions for injunctive relief, as he 
may determine to be necessary to implement the twenty-sixth arti­
cle of amendment to the Constitution of the United States. 

(2) The district courts of the United States shall have jurisdic­
tion of proceedings instituted under this title, which shall be heard 
and determined by a court of three judges in accordance with sec­
tion 2284 of title 28 of the United States Code, and any appeal shall 
lie to the Supreme Court. It shall be the duty of the judges 
designated to hear the case to assign the case for hearing and deter­
mination thereof, and to cause the case to be in every way expedited. 

(b) Whoever shall deny or attempt to deny any person of any 
right secured by the twenty-sixth article of amendment to the Con­
stitution of the United States shall be fined not more than $5,000 
o.~:_ imprisoned not more than five years, or both . 

DEFINITION 

SEc. 302. As used in this title, the term "State" includes the 
District of Columbia. 

[Note: As enacted, the Voting Rights Act, in Sections 3, 6, 7, 
8, 9, and 13, contains references to the United States Civil Service 
Commission. Because the junctions of the Civil Service Commis­
sion have been transferred to the Director of the Office of Person­
nel Management, references in the Act to the Commission have 
been changed to references to the Director. ] 

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