42 U.S.C. § 1973b : US Code - Section 1973B: Suspension of the use of tests or devices in determining eligibility to vote

Search 42 U.S.C. § 1973b : US Code - Section 1973B: Suspension of the use of tests or devices in determining eligibility to vote

(a) Action by State or political subdivision for declaratory
judgment of no denial or abridgement; three-judge district court;
appeal to Supreme Court; retention of jurisdiction by three-judge
court
(1) 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) 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 Columbia issues a declaratory
judgment under this section. 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 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 Columbia
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
action, 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
denying or abridging 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 contravention of the guarantees of subsection
(f)(2) of this section;
(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) of this section 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 practice 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
section and alleging such denials or abridgements of the right to
vote;
(C) no Federal examiners under subchapters I-A to I-C of this
chapter have been assigned to such State or political
subdivision;
(D) such State or political subdivision and all governmental
units within its territory have complied with section 1973c of
this title, including compliance with the requirement that no
change covered by section 1973c of this title has been enforced
without preclearance under section 1973c of this title, and have
repealed all changes covered by section 1973c of this title to
which the Attorney General has successfully 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 1973c of this
title, with respect to any submission by or on behalf of the
plaintiff or any governmental unit within its territory under
section 1973c of this title, and no such submissions or
declaratory judgment actions are pending; and
(F) such State or political subdivision and all 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
intimidation and harassment of persons exercising rights
protected under subchapters I-A to I-C of this chapter; 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 all stages of the election and registration process.
(2) To assist the court in determining whether to issue a
declaratory judgment under this subsection, the plaintiff shall
present 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 shall 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 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) of this
section 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
subdivision 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
provisions of section 2284 of title 28 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 Attorney 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 judgment, 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
contravention of the guarantees of subsection (f)(2) of this
section have occurred anywhere in the territory of such State or
subdivision, or if, after the issuance of such declaratory
judgment, a consent decree, settlement, or agreement has been
entered into resulting in any abandonment 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 request the Judicial Council for the
Circuit of the District of Columbia to provide the necessary
judicial resources to expedite any action filed under this section.
If such resources are unavailable within the circuit, the chief
judge shall file a certificate of necessity in accordance with
section 292(d) of title 28.
(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
amendments made by the Voting Rights Act Amendments of 1982.
(9) Nothing in this section shall 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 subsection (a)(1)
of this section. Any aggrieved party may as of right intervene at
any stage in such action.
(b) Required factual determinations necessary to allow suspension
of compliance with tests and devices; publication in Federal
Register
The provisions of subsection (a) of this section 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 addition to any State or political subdivision of a State
determined to be subject to subsection (a) of this section pursuant
to the previous sentence, the provisions of subsection (a) of this
section 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 centum 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 subsection (a)
of this section pursuant to the previous two sentences, the
provisions of subsection (a) of this section 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 centum of the citizens of
voting age were registered on November 1, 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
1973d or 1973k of this title shall not be reviewable in any court
and shall be effective upon publication in the Federal Register.
(c) "Test or device" defined
The phrase "test or device" shall mean any requirement that a
person as a prerequisite for voting or registration for voting (1)
demonstrate the ability to read, write, understand, or interpret
any matter, (2) demonstrate any educational achievement or his
knowledge of any particular subject, (3) possess good moral
character, or (4) prove his qualifications by the voucher of
registered voters or members of any other class.
(d) Required frequency, continuation and probable recurrence of
incidents of denial or abridgement to constitute forbidden use of
tests or devices
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 subsection (f)(2) of this section if
(1) 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 probability of their recurrence in the
future.
(e) Completion of requisite grade level of education in American-
flag schools in which the predominant classroom language was
other than English
(1) 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 conditioning the right
to vote of such persons on ability to read, write, understand, or
interpret any matter in the English language.
(2) No person who demonstrates that he has successfully completed
the sixth primary grade in a public school in, or a private school
accredited by, any State or territory, the District of Columbia, or
the Commonwealth of Puerto Rico in which the predominant 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 Columbia, or the
Commonwealth of Puerto Rico in which the predominant classroom
language was other than English.
(f) Congressional findings of voting discrimination against
language minorities; prohibition of English-only elections; other
remedial measures
(1) 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 dominant
language is other than English. In addition they have been denied
equal educational opportunities by State and local governments,
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
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 English-only elections, and by prescribing other
remedial devices.
(2) No voting qualification or prerequisite to voting, or
standard, 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 subsection
(c) of this section, the term "test or device" shall also mean any
practice or requirement 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, including 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 subsection (b) of this section, 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 subsection (a) 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 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
predominate 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.