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S U M M A R Y A N D T E X THE VOTING RIGHTS



UN ITE D STATES COMMISSION ON CIVIL RIGHTS

T V O T I N G R I G H T S C T



A democratic system rests ultimately on the be-lief that each man is the best judge of his own in-terests an d that he should have, through th e ballotbox, a voice in choosing those w ho govern him.

Voting is the fundamental poli t ical right of citi-zens in a dem ocrac y. The right to vote is the rightto influence o f f i c i a l s and policy. To be denied th e

vote is to be denied the guarantee that one's interestwill be taken into account when policy is made.There is no justi fiable test of property, race, color,nat ional origin religion, or education for disfran-



THE VO TING RIGHTS ACT OF 1965

as amended by the

VOTING RIGHTS ACT AMENDMENTS OF 1970

Prohibi ts the use for 5 years of literacy tests and other device( f ou nd by Congress to be discriminatory) as qual i f icat ions fovot ing in any Federa l , State, local, general, or primary elec t ion

Permits 18-year-olds to vote in any general or primary elec t ionfo r Federal office.



INTRODUCTION

T he r ight to vote is a f u n d a m e n t a l right. It is guaran teed by the 14th15th amendments to the Const i tu t ion. The 15th amendmen t p rov ides , other things, that:

The r ight of c i t izens of the United States to vote shall not be de-nied o r abr idged by the United States or by any State on account o frace, color or previous condit ion o f servitude."

T he 14th am end m ent prov ides, am ong o ther th ings , that:

No State sha l l make o r enforce any law which shal l abr idge theprivi leges and i m m u n i t i e s of ci t izens of the United States; . . . nordeny to any person wi th in its ju r i sd ic t ion the equal protect ion o fthe laws."

Despite these const i tu t ional protect ions, b lacks in the South were vir tual lenfranchised from the end of the Rec on struc t ion Per iod un t i l 1965, and m eof o ther minor i ty g roups have a l so f requen t ly been den ied the r ight to vo1957, Congress sought to protect the vot ing r ights of minor i ty group membe



SUMMAR Y

A l thoug h th e Vot i ng R i gh t s Act is na t i ona l in scope, some provisions—calledhere Genera l Provis ions —apply direc t ly to al l persons in al l parts of the cou n -t ry, whi le others— Special Provis ions —apply only if certain cri teria, specif iedin the act, are met .

GENERAL PROVISIONS

Suspension of Literacy and Other Tests

Title II of the Voting Rights A ct A m e n d m e n t s of 1970 prohibits the use of

any l i teracy test or s imi lar test or device as a prerequisi te to vot ing in any Fed-eral, State, o r local election. This ban expires on A u g u s t 6, 1975.

T he term "test o r device refers to any requi rement tha t a per son mus t do any



Poll Taxes

The 1965 act conta ins a congressional finding that the right to vote ha

denied o r abr idged by the r e q u i r e m e n t of the p a y m e n t o f a poll tax as a tion to vot ing.

In 1966, a Supreme C ou r t r u l ing ou t l aw ed the poll tax requ i r emen t asdit ion o f voter e l ig ibi l i ty . T he C o u r t in Harper v. Virginia in Board of Elheld that a State violates the Equal Protect ion Clause of the Four teen th Am e n t w h e n e v e r it mak es th e aff luence of the vo ter or paymen t of any

electoral standard."

Reduction of Voting Age to 18

Title III of the 1970 amendments prohibi ts the States from denying, bof age, any person 18 years of age or o lder the right to vote in any eThis prov is ion was to take effect on J a n u a r y 1, 1971. In December 19United States v. Arizona, th e Supreme Cour t he ld th is p rov is ion uncons t i texcept with respect to v o t i n g fo r Federa l officials and vo t ing in the DistC o l u m b i a . In June 1971, however, the 26th a m e n d m e n t to the Constw hi ch ful ly enfranchises persons between the ages of 18 and 21, was r



Criminal and Civil Penalties

Public officials or private individuals who deny persons the right to vo

g ua ran t eed by the Vo t ing R ig h t s Ac t o f 1965 or anyone w ho at tempts to or it im ida tes , th rea tens , o r coerces a person , in o rder to prev en t h im from vot ing, asubjec t to cr im ina l pena l t ies . I t is a lso a cr im e un de r the act to a t tem pt to or in t imida te , th rea ten , o r coerce anyone who urges o r a ids any person to vo tC r i m i n a l pena l t ies are p rov ided fo r app l ican t s w ho give false i n f o r m a t i o n a b othe i r e l ig ib i l i ty to vo te o r w ho accept pa ym en t to reg is te r o r v o te in a Federelection. T he U.S . A t t o rney Gene ra l is a l so au thor ized to br ing legal act ion

restrain violat ions of the act .

SPECIAL PROVISIONS

Triggering Mechanism

A Sta te o r c o u n ty is subject to addit ional provis ions, or is specia l ly covered,



State and Counties Which Are Specially Covered

The f o l l ow i ng States and counties remain specially covered under provi

of the Voting Rights Act of 1965:

Alabama VirginiaGeorgia 39 counties in North Carolin

Louisiana Yuma County, Arizona

Mississippi Honolulu County, HawaiiSouth Carolina

In addition, f o u r election districts in Alaska, eight additional countie

A r i z o n a , two counties in California, one c o u n t y in Idaho, three counties in

York, and one in Wyoming are specially covered under the 1970 Amendm

Removal from Special Coverage

A State or county may remove itself f r o m special coverage by filing a su



The list compiled by the Federal examiner of persons eligible to vote in anelect ion must be sent to local election officials at least 45 days befo re that election, thereby allowing the State election machinery to run without complication

If anyone who is properly listed or registered is not permitted to vote in anyc o u n t y where examiners are serving, a complaint may be made to the examinerof this denial within 48 hours after th e polls close. If the examiner believes tha

the complaint has merit, he must i n f o r m the Attorney General immediately. TheA t t o r n e y General m ay seek a district court order that provides for the casting othe ballot and suspends the election results until the vote is included in the fina

count.

Challenge of Listed Persons

A f o r m a l objection challenging the qualifications o f a person listed by the

Federal examiner may be filed (at a place to be designated by the Civil ServiceC o m m i s s i o n ) within 10 days a f te r the list o f q u a l i f i e d voters has been made pub

lic and must be supported by at least two affidavi ts . The validity of the challengei s to be determined within 15 days af t e r f i l ing by a hearing officer appointed b y



Federal Observers

At the request of the Attorney General, the Civil Service Commission

appoint poll watchers in counties which have been designated by the AttGeneral for the appointment of Federal examiners to observe whether all e

persons are allowed to vote and whether all ballots are accurately counted.

Changes in Voting Laws

Under Section 5 of the Voting Rights Act, when a State or county—spe

covered by the act—or any of its political subdivisions seeks to change iting qualifications or procedures, it must either obtain the approval of theAttorney General or initiate a suit in the U.S. District Court for the Distr

Columbia. If the Attorney General objects to the changes, they may not b



VOTING RIGHTS A CT OF 1965

Public Law 89-110

89th Congress, S. 1564August 6, 1965

actTo enforce the fifteenth amendment to the Constitution of the United States

an d for other purposes.

Be it enacted by the Senate and House o f Representatives of theUnited States of America in Congress assembled. That this Act shall vot ing Rbe k n o w n as the "Voting Rights Act of 1966".

Aot of 19

S E C . 2. No voting qualification or prerequisite to voting, or standard,practice, or procedure shall be imposed or applied by any State orpolitical subdivision to deny or abridge the right of any citizen ofthe United States to vote on account of race or color.

S E C . 3. (a) Whenever the Attorney General institutes a proceeding Jud ic i a lunder any statute to enforce the guarantees of the fifteenth amend- edies.m e n t in any State or political subdivision the court shall authorizethe appointment of Federal examiners by the United States CivilService Commission in accordance with section 6 to serve for such



Pub. Law 89-110 A u g u s t 6,

Use of tests ordevices pro-hibited.DeclaratoryJudgnent pro-

ceedings.

submission, except that neither the court's finding nor the Atto

General's failure to object shall bar a subsequent action to eenforcement of such qualification, prerequisite, standard, practicprocedure.

SEC. 4. (a) To assure that the right of citizens of the United Sto vote is not denied or abridged on account of race or colocitizen shall be denied the right to vote in any Federal, State, or election because of his failure to c omply with any test or device inState with respect to w hich the determinations have been made usubsection (b) or in any political subdivision with respect to wsuch determinations have been made as a separate unit, unlesUnited States District Court for the District of Columbia iaction for a declaratory judgment brought by such State or division against the United States has determined that no suchor device has been used during the five years preceding the filinthe action for the purpose or with the effect of denying or abrid

the right to vote on account of race or color: Provided That nodeclaratory judgment shall issue with respect to any plaint i f f period of five years after the entry of a final judgment of any of the United States, other than the denial of a declaratory judgunder this section, whether entered prior to or after the enactme



August 6 1965 Pub. Law 89-1107 9 srar. 439.

(d) For purposes of this section no State or political subdivision

shall be determined to have engaged in the use of tests or devicesfo r the purpose or with the effect of denying or abridging the rightto vote on account of race or color if (1) incidents of such usehave been few in number and have been promptly and effectivelycorrected by State or local action. (2) the continuing effect of suchincidents has been eliminated, and (3) there is no reasonable prob-abi l i ty o f their recurrence in the fu ture .

(e) (1)

Congress hereby declares that to

secure the rights

under thefourteenth amendment of persons educated in American-f lag schools

in w hich the predominant classroom language was other than English,it is necessary to prohibit the States from conditioning the right tovote of such persons on ability to read, write, understand, or interpretany matter in the English language.

(2) No person who demonstrates that he has successfully completedthe sixth primary grade in a public school in, or a private school

accredited oy, any State or territory, the District of Columbia, or theCommonweal th of Puerto Rico in which the predominant classroomlanguage was other than English, shall be denied the right to votein any Federal, State, or local election because of his inability to read,write, understand, or interpret any matter in the English language,



79 STAT. 440.Pub. Law «9-110 August 6,

Attorney General certifies with respect to any political subdi

named in, or included within the scope of, determinations under section 4(b) that (1) he has received complaints in ing from twenty or more residents of such political subdialleging that they have been denied the right to vote under colaw on account of race or color? and that he believes such comto be meritorious, or (2) that in his judgment (considering, aother factors, whether the ratio of non whi te persons to white pregistered to vote within such subdivision appears to him to be r

ably attributable to violations of the fifteenth amendment or whsubstantial evidence exists that bona fide efforts are being made wsuch subdivision to comply with the fifteenth amendmentappointment of examiners is otherwise necessary to enforcguarantees of the fifteenth amendment, the Civil Service Commshall appoint as many examiners fo r such subdivision as it m ayappropriate to prepare and maintain lists of persons eligible toin Federal, State, and local elections. Such examiners, hofficers provided for in section 9 ( a ) , and other persons deemed sary by the Commission to carry out the provisions and purpothis Act shall be appointed, compensated, and separated wregard to the provisions of any statute administered by the



August 6, 1965 Pub. Law 8 9 -U OT9 STAT. 441.

unless his name shall have been certified and transmitted on such a list

to the offices of the appropriate election officials at least forty-five daysprior 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 removed

therefrom-by an examiner if (1) such person has been successfullychallenged hi accordance with the procedure prescribed in section 9,or (2) he has been determined by an examiner to have lost his eligi-

bility to vote under State law not inconsistent with the Constitutionand the laws of the United States.

SEC. 8. Whenever an examiner is serving under this Act in any poli- Observerstical subdivision, the Civil Service Commission may assign, at the electionsrequest of the Attorney General, one or more persons, who may beofficers of the United States, (1) to enter and attend at any place forholding an election in such subdivision fo r the purpose pi observingwhether persons who are entitled to vote are being permitted to vote,and (2) to enter and attend, at any place for tabulating the votes castat any election held in such subdivision fo r the purpose of observingwhether votes cast by persons entitled to vote are oeing properly tabu-lated. Such persons so assigned shall report to an examiner appointed



79 S T A T . 442.Pub. Law 89-110 A u g u s t 6, 1

production of documentary evidence relating to any matter pen

before it under the authority of this section. In case of contumarefusal to obey a subpena. any district court of the United Statethe United States court or any territory or possession, or the DisCourt of the United States for the District of Columbia, withinjurisdiction of w hich said person guilty of contumacy or refusal to is found or resides or is domiciled or transacts business, orappointed an agent for receipt of service of process, upon applicby the Attorney General of the United States shall have jurisdic

to issue to such person an order requiring such person to appear bthe Commission or a hearing officer, there to produce pertinent, vant, and npnprivileged documentary evidence if so ordered, or tto give testimony touching the matter under investigation; andfailure to obey such order of the court may be punished by said cas a contempt thereof.

Poll tax. SEC. 10. (a) The Congress finds that the requirement of the m e n t of a poll tax as a precondition to voting (i) precludes per

of limited means from voting or imposes unreasonable financial hship upon such persons as a precondition to their exercise offranchise, (ii) does not bear a reasonable relationship to any lemate State interest in the conduct of elections, and (iii) in s



August 6, 1965 Pub. Law 89-110S T A T . 44

fo r failure to pay a poll tax if he tenders payment of such tax for the

current year to an examiner or to the appropriate State or local officialat least forty-five days prior to election, whether or not such tenderwould be timely or adequate under State law. An examiner shallhave authority to accept such payment from any person authorized bythis Act to make an application for listing, and shall issue a receiptfor such payment. The examiner shall transmit promptly any suchpoll tax payment to the office of the State or local official authorized toreceive such payment under State law, together with the name andaddress of the applicant.

SEC. 11. (a) No person acting under color of law shall fail or refuse Prohibitioto permit any person to vote who is entitled to vote under any pro-vision of this Act or is dtherwise qualified to vote, or willfully failor 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 fo r voting or attempting to vote, or intimidate,threaten, or coerce, or attempt to intimidate, threaten, or coerce anyperson for urging or aiding any person to vote or attempt to vote,or intimidate, threaten, or coerce any person for exercising any'powersor duties under section 3 (a), 6,8,9,10, or 12 (e).



79 STAT. 444.

Injunctions,eto,

Pub. Law 89-110 August 6,

(c) Whoever conspires to violate the provisions of subsection

(b) of this section, or interferes with any right secured by sec3, 4, 5, 7,10, or 11 (a) or (b) shall be fined not more than $5,0imprisoned not more than five years, or both.

(d) Whenever any person has engaged or there are reasogrounds to believe that any person is about to engage in any practice prohibited by section 2, 3, 4, 5, 7, 10,11, or subsection this section, the Attorney General may institute for the United Sor in the name of the United States, an action for preventive

including an application for a temporary or permanent injunrestraining order, or other order, and including an order directhe State and State or local election officials to require them permit persons listed under this Act to vote and (2) to counvotes.

(e) Whenever in any political subdivision hi which there are einers appointed pursuant to this Act any persons allege to suexaminer within forty-eight hours after the closing of the poll

notwithstanding (1) their listing under this Act or registratioan appropriate election official and (2) their eligibility to votehave not oeen permitted to vote in such election, the examinerforthwith not i fy the Attorney General if such allegations i



August 6, 1965 Pub. Law 89-11079 S T A T . 445.

survey or census to be made by the Director of the Census and it shall

require him to do so if it deems the Attorney General's refusal torequest such survey or census to be arbitrary or unreasonable.SEC. 14. (a) All cases of criminal contempt arising under the pro- cr imina l

visions of this Act shall be governed by section 151 of the Civil Rights tempt proAct of 1957 (42 U.S.C. 1995). ings.

(b) No court other than the District Court for the District of 71 Stat. 6C o l u m b i a or a court of appeals in any proceeding under section 9shall h a v e jurisdiction to issue any declaratory judgment pursuant to

section *4 or section 5 or any restraining order or temporary or perma-nen t i n junc t ion against the execution or enforcement of any provisionof this Act or any action of any Federal officer or employee pursuanthereto.

(c) (1) The terms "vote" or "voting" shall include all action neces- Vote orsary to m a ke a vote effective in any primary, special, or general elec- "voting."tion, including, but not limited to, registration, listing pursuant tothis Act, or other action required by law prerequisite to voting, castinga ballot, and having such ballot counted properly and included in theappropriate totals of votes cast with respect to candidates for publicor party office and propositions for which votes are received in anelection.



79 S T A T . 446.Pub. Law 89-110 August 6,

SBC. ^17. Nothing in this Act shall be construed to deny, impa

otherwise adversely affect the right to vote of any person registervote under the law of any State or political subdivision.Appropriation. SEC. 18. There are hereby authorized to be appropriated such

as are necessary to carry out the provisions of this Act.SEC. 19. If any provision of this Act or the application there

any person or circumstances is held invalid, the remainder of thand the application of the provision to other persons not simsituated or to other circumstances shall not be affected thereby.

Approved A u g u s t 6, 1965.



Public Law 91-28591st Congress, H. R. 4249

June 22, 1970

a n a c tTo extend the Vot ing Rights Act of 1965 wi th respect to the discriminatory use

of tests, and fo r other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That this Act maybe cited as the "Voting Rights Act Amendments of 1970".SEC. 2. The Voting Rights Act of 1965 (79 Stat.'437; 42 U.S.C.

1973 et seq.) is amended by inserting therein? immed ia t e ly a f t e r thefirst section thereof, the f o l l ow i ng title caption:

V o t i n g RigA ct A m e n d mof 1970*

84 S T A T .

"TITLE I—VOTING RIGHTS".

S E C . 3. Section 4 ( a ) of the Voting Rights Act of 1965 (79 Stat, 438;42 U.S.C. 1973b) is amended by striking out the words five years"w hereve r they appear in the first and third paragraphs thereof, andinserting in lieu thereof the words "ten years".

SEC. 4. Section 4 ( b ) of the Voting Rights Act of 1965 (79 Stat. 438;

84 STAT. 3

Use of testdevloes, pbition.



Pub. Law 91-285 June 22,

84 S T A T . 315

interpret any matter, (2) demonstrate any educational achievor his knowledge of any particular subject, (3) possess good

character, or (4) prove his qu a l i f ica t ions by the voucher of regvoters or members of any other class.

84 STAT. 316

U S C prec.title 1.

RESIDENCE R E Q U I R E M E N T S F O R V O T I N G

SEC. 202. (a) The Congress hereby f inds that the impositiapplication of the durational residency requirement as a precoto voting for the offices of President and Vice President, and th

o f sufficient opportunities for absentee registration and absentloting in presidential elect ions—

"(1) denies or abridges the inherent constitutional ricitizens to vote for their President and Vice President;

"(2) denies or abridges the inherent constitutional ricitizens to en joy their free movement across State lines;

"(3) denies or abridges the privileges and immunitie

anteed to the citizens of each State under article IV, seclause lj of the Constitution;"(4) in some instances has the impermissible purpose o

of denying citizens the right to vote for such officers becausw ay they may vote;



84 S T A T . 318 Pub. Law 91-285 June 22,

SEPARABILITY

SEC. 205. If any provision of this Act or the application ofprovision thereof to any person or circumstance is judicially dmined to be invalid, the remainder of this Act or the applicatiosuch provision to other persons or circumstances shall not be afby such determination.

"TITLE III—REDUCING VOTING AGE TO EIGHTEENFEDERAL, STATE, AND LOCAL ELECTIONS

SEC. 301. (a) The Congress finds and declares that the imposand application of the requirement that a citizen be twenty-one of age as a precondition to voting in any primary or in any elect

"(1) denies and abridges the inherent constitutional righcitizens eighteen years of age but not yet tw en ty -one years o

t o vote—a particularly u n f a i r treatment o f such citizens in of the national defense responsibilities imposed upon such citi

"(2) has the effect o f denying to ci t izens eighteen years ob u t not yet twenty-one years of age the due process an d e



June 22, 1970 Pub. Law 91-285__ 84 S T A T . 3

DEFINITION

SEC. 304. As used in this title the term 'State' includes the District "State.1of Columbia.

EFFECTIVE D A T E

SEC. 305. The provisions of title III shall take effect w i t h respectto any primary or election held on or after January 1,1971."

Approved June 22, 1970.



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