§10305 — Title 52 Voting and Elections | U.S. Code

Summary

Federal officials must send observers to watch elections in a political subdivision when a court orders it under section 10302(a) or when the Attorney General certifies the area under section 10303(b), unless a declaratory judgment under section 10303(a) has already been made. The Attorney General can certify if there are written, credible complaints from residents, elected officials, or civic groups saying people’s voting rights may be denied because of race or color or other violations covered by section 10303(f)(2), or if the Attorney General believes observers are needed to enforce the 14th or 15th Amendment after looking at factors like voter registration patterns or evidence about efforts to comply. Observers are assigned, paid, and removed without following most Office of Personnel Management (OPM) rules, and their service is not treated as federal employment for those OPM rules, except the rule that bans partisan political activity (5 U.S.C. 7324) still applies. The OPM Director may, after talking with the relevant agency head, name willing federal employees to serve as observers. Observers may enter polling places and vote-counting locations to watch whether eligible people are allowed to vote and whether their votes are properly counted. They must investigate and report their findings to the Attorney General, and if the court ordered the observers under 10302(a), they must also report to the court.

Title 52, §10305

Voting and Elections — Source: USLM XML via OLRC

(a)Whenever—

(1)a court has authorized the appointment of observers under section 10302(a) of this title for a political subdivision; or

(2)the Attorney General certifies with respect to any political subdivision named in, or included within the scope of, determinations made under section 10303(b) of this title, unless a declaratory judgment has been rendered under section 10303(a) of this title, that—

(A)the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of the guarantees set forth in section 10303(f)(2) of this title are likely to occur; or

(B)in the Attorney General’s judgment (considering, among other factors, whether the ratio of nonwhite persons to white persons registered to vote within such subdivision appears to the Attorney General to be reasonably attributable to violations of the 14th or 15th amendment or whether substantial evidence exists that bona fide efforts are being made within such subdivision to comply with the 14th or 15th amendment), the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th amendment;

(b)Except as provided in subsection (c), such observers shall be assigned, compensated, and separated without regard to the provisions of any statute administered by the Director of the Office of Personnel Management, and their service under chapters 103 to 107 of this title shall not be considered employment for the purposes of any statute administered by the Director of the Office of Personnel Management, except the provisions of section 7324 of title 5 prohibiting partisan political activity.

(c)The Director of the Office of Personnel Management is authorized to, after consulting the head of the appropriate department or agency, designate suitable persons in the official service of the United States, with their consent, to serve in these positions.

(d)Observers shall be authorized to—

(1)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)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.

(e)Observers shall investigate and report to the Attorney General, and if the appointment of observers has been authorized pursuant to section 10302(a) of this title, to the court.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 1973f 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

2006—Pub. L. 109–246 amended section generally. Prior to amendment, text of section read as follows: “Whenever an examiner is serving under subchapters I–A to I–C of this chapter 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, (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 persons so assigned shall report to an examiner appointed for such political subdivision, to the Attorney General, and if the appointment of examiners has been authorized pursuant to section 1973a(a) of this title, to the court.”

§10305 Use of Observers

Summary

Title 52, §10305

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata