§10306 — Title 52 Voting and Elections | U.S. Code

Summary

Poll taxes must not be used to keep people from voting, and the Attorney General must sue right away to stop any law that requires a poll tax or a replacement enacted after November 1, 1964. Congress found that poll taxes shut out people with little money, do not help run elections, and in some places are used to deny the vote because of race or color. Federal district courts must hear those cases with a three-judge panel under section 2284 of title 28, and appeals go to the Supreme Court. The judges must set the case for hearing as soon as possible, take part in the hearing and decision, and move the case along quickly.

Title 52, §10306

Voting and Elections — Source: USLM XML via OLRC

(a)The Congress finds that the requirement of the payment of a poll tax as a precondition to voting (i) precludes persons of limited means from voting or imposes unreasonable financial 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, Congress declares that the constitutional right of citizens to vote is denied or abridged in some areas by the requirement of the payment 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 amendment 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 jurisdiction of such actions which 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. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 1973h of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

1975—Subsec. (b). Pub. L. 94–73, § 408(2), (3), inserted reference to section 2 of twenty-fourth amendment. Subsec. (d). Pub. L. 94–73, § 408(1), struck out subsec. (d) which related to post-payment of poll taxes in event of a judicial declaration of constitutionality.

§10306 Poll taxes

Summary

Title 52, §10306

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata