§10309 — Title 52 Voting and Elections | U.S. Code

Summary

Observers in a local area must stop when there is no longer reason to believe people will be denied the right to vote because of their race or color, or when the law’s voting protections no longer apply. For observers placed under section 10305 or examiners certified before July 27, 2006, the Attorney General can tell the Director of the Office of Personnel Management (OPM) to end them, or the U.S. District Court for the District of Columbia can end them after a suit by the local government. Observers placed under section 10302(a) end only by order of the court that authorized them. A "political subdivision" here means an area where the Census Director finds that more than 50 percent of nonwhite people of voting age living there are registered to vote. A local government may ask the Attorney General to end observers under these rules.

Title 52, §10309

Voting and Elections — Source: USLM XML via OLRC

(a)The assignment of observers shall terminate in any political subdivision of any State—

(1)with respect to observers appointed pursuant to section 10305 of this title or with respect to examiners certified under chapters 103 to 107 of this title before July 27, 2006, 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 subdivision described in subsection (b), 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 contravention of the guarantees set forth in section 10303(f)(2) of this title in such subdivision; and

(2)with respect to observers appointed pursuant to section 10302(a) of this title, upon order of the authorizing court.

(b)A political subdivision referred to in subsection (a)(1) is one with respect to which the Director of the Census has determined that more than 50 per centum of the nonwhite persons of voting age residing therein are registered to vote.

(c)A political subdivision may petition the Attorney General for a termination under subsection (a)(1).

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 1973k of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title.

Amendments

2008—Subsec. (a)(1). Pub. L. 110–258 made technical amendment to reference in original act which appears in text as reference to July 27, 2006. 2006—Pub. L. 109–246 amended section generally. Prior to amendment, section related to termination of listing procedures, basis for termination, and survey or census by the Director of the Census. 1975—Pub. L. 94–73 substituted “on account of race or color, or in contravention of the guarantees set forth in section 1973b(f)(2) of this title” for “on account of race or color”.

§10309 Termination of assignment of observers

Summary

Title 52, §10309

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata