PRIA, Government Policy, Made Personal

Summary

Makes it a crime to take away or try to take away rights protected by sections 10301, 10302, 10303, 10304, or 10306, or to violate section 10307(a). It also makes it a crime, within one year after an election that had an assigned observer, to destroy, change, or deface a cast paper ballot or to alter official voting records. Conspiring to do these things or otherwise interfering with the rights listed above is also punishable. The penalty for each offense can be a fine up to $5,000, up to five years in prison, or both. If someone has done or may do these forbidden acts (or acts banned by section 1973e of title 42 or the ballot rule above), the U.S. Attorney General can sue to stop them. The AG can ask a court for orders that force states or election officials to let covered people vote and to count their votes. In places with observers under chapters 103–107, if people tell an observer within 48 hours after polls close that they were listed or registered and eligible but were not allowed to vote, the observer should tell the Attorney General. The AG may then ask a federal court, which must act quickly, to mark, cast, and count those ballots before the election results are final. Federal district courts can hear these cases without any need for people to try other administrative remedies first.

Title 52, §10308

Voting and Elections, Source: USLM XML via OLRC

(a)Depriving or attempting to deprive persons of secured rights

Whoever shall deprive or attempt to deprive any person of any right secured by section 10301, 10302, 10303, 10304, or 10306 of this title or shall violate section 10307(a) of this title, shall be fined not more than $5,000, or imprisoned not more than five years, or both.

(b)Destroying, defacing, mutilating, or altering ballots or official voting records

Whoever, within a year following an election in a political subdivision in which an observer has been assigned (1) destroys, defaces, mutilates, or otherwise alters the marking of a paper ballot which has been cast in such election, or (2) alters any official record of voting in such election tabulated from a voting machine or otherwise, shall be fined not more than $5,000, or imprisoned not more than five years, or both.

(c)Conspiring to violate or interfere with secured rights

Whoever conspires to violate the provisions of subsection (a) or (b) of this section, or interferes with any right secured by section 10301, 10302, 10303, 10304, 10306, or 10307(a) of this title shall be fined not more than $5,000, or imprisoned not more than five years, or both.

(d)Civil action by Attorney General for preventive relief; injunctive and other relief

Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 10301, 10302, 10303, 10304, 10306, or 10307 of this title, section 1973e of title 42, or subsection (b) of this section, the Attorney General may institute for the United States, or in the name of the United States, an action for preventive relief, including an application for a temporary or permanent injunction, restraining order, or other order, and including an order directed to the State and State or local election officials to require them (1) to permit persons listed under chapters 103 to 107 of this title to vote and (2) to count such votes.

(e)Proceeding by Attorney General to enforce the counting of ballots of registered and eligible persons who are prevented from voting

Whenever in any political subdivision in which there are observers appointed pursuant to chapters 103 to 107 of this title any persons allege to such an observer within forty-eight hours after the closing of the polls that notwithstanding (1) their listing under chapters 103 to 107 of this title or registration by an appropriate election official and (2) their eligibility to vote, they have not been permitted to vote in such election, the observer shall forthwith notify the Attorney General if such allegations in his opinion appear to be well founded. Upon receipt of such notification, the Attorney General may forthwith file with the district court an application for an order providing for the marking, casting, and counting of the ballots of such persons and requiring the inclusion of their votes in the total vote before the results of such election shall be deemed final and any force or effect given thereto. The district court shall hear and determine such matters immediately after the filing of such application. The remedy provided in this subsection shall not preclude any remedy available under State or Federal law.

(f)Jurisdiction of district courts; exhaustion of administrative or other remedies unnecessary

The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether a person asserting rights under the provisions of chapters 103 to 107 of this title shall have exhausted any administrative or other remedies that may be provided by law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 1973e of title 42, referred to in subsec. (d), was repealed by Pub. L. 109–246, § 3(c), July 27, 2006, 120 Stat. 580. Codification Section was formerly classified to section 1973j 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—Subsec. (a). Pub. L. 109–246, § 3(e)(2), struck out “1973e,” after “1973c,”. Subsec. (b). Pub. L. 109–246, § 3(d)(3), substituted “an observer has been assigned” for “an examiner has been appointed”. Subsec. (c). Pub. L. 109–246, § 3(e)(2), struck out “1973e,” after “1973c,”. Subsec. (e). Pub. L. 109–246, § 3(d)(4), substituted “observers” for “examiners” and substituted “observer” for “examiner” in two places. 1968—Subsecs. (a), (c). Pub. L. 90–284 struck out reference to violation of section 1973i(b) of this title.

§10308 Civil and Criminal Sanctions