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TITLE IV--MISCELLANEOUS

SEC. 401. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

SECTION 2004 OF THE REVISED STATUTES

SEC. 402. Section 2004 of the Revised Statutes (42 U.S.C. 1971) is amended as follows:

(a) In subsections (a) (2) and (c), strike out "Federal", immediately preceding "election", wherever it appears in such subsections.

(b) Strike out subsection (f) thereof.

EXERCISE OF FUNCTIONS CONFERRED UPON PRESIDENT

SEC. 403. (a) The President may delegate authority to exercise any of the functions conferred upon him by this Act to such officer of the United States Government as he shall direct.

(b) In making numerical determinations required under this Act, the President may make such determinations on the best statistical information available to him.

[H.R. 6324, 89th Cong., 1st sess.]

A BILL To protect the right of individuals to register and to vote in State and Federal elections without discrimination because of race or color

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "Voting Rights Act of 1965".

FINDINGS

SEC. 2. The Congress finds and declares that the denial or infringement of the right to vote because of race or color is a violation of the fourteenth and fifteenth amendments of the Constitution of the United States and of the legislation adopted by the Congress to enforce those amendments, including the Civil Rights Act of 1957, the Civil Rights Act of 1960, and the Civil Rights Act of 1964. The Congress finds that, despite those enactments, the right to vote continues to be denied to many citizens of the United States on grounds of their race or color, and that the methods prescribed in this Act are the only available means of assuring all citizens their right to vote.

DEFINITIONS

SEC. 3. For the purposes of this Act

(a) The term "election" means any general, special, or primary election held in any State or political subdivision thereof solely or partially for the purpose of electing or selecting any candidate to public office; and any election held in any State or political subdivision thereof solely or partially to decide a proposition or issue of public law.

(b) The term "voting district" means any county, parish, or similar political subdivision of a State, or any political subdivision of a State which is independent of the political jurisdiction of a county, parish, or similar political subdivision. If there are no counties, parishes, or similar political subdivisions of a State, such State shall, for the purposes of this Act, constitute a single voting district. (c) The term "test" includes (i) any test of, or condition of, registration or voting requiring the ability to read, write, understand, or interpret any matter; (ii) any test of moral character; (iii) any requirement that other persons vouch for or act as witness for applicants for registration.

(d) The term "mental competency" means an absence of adjudication of mental incompetency.

TITLE I-LITERACY AND OTHER TESTS

SEC. 101. (a) Congress hereby finds that

(i) the unconstitutional segregation of educational and other facilities on grounds of race or color in various States has resulted in inequalities of educational attainment and opportunity which render tests in such States discriminatory on grounds of race or color; and

(ii) tests have been utilized in various States as an instrument of discrimination on grounds of race or color through the use of arbitrary standards, unfair decisions, and similar devices; and

(iii) tests have been required of persons of one race or color as a condition of registration and voting in various States at the same time that such tests have not been required of another race or color.

(b) Congress further finds that in any State employing a test—

(i) where the number of persons of any race or color of voting age residing in such State who were registered to vote at the time of the November 1964 election was less than 50 per centum of the number of all persons of such race or color of voting age then residing in such State, or

(ii) where less than 50 per centum of the persons of voting age residing in such State voted in the November 1964 election,

such test has been and is being utilized as an instrument of discrimination in violation of the fourteenth and fifteenth amendments to the Constitution.

SEC. 102. Within sixty days of the enactment of this Act, the President shall certify and cause to be published in the Federal Register a list of those States to which either numerical finding in section 101 (b) applies.

SEC. 103. In any State listed in accordance with section 102, the application of any test to a person seeking to register or vote in a Federal, State, or local election, is hereby prohibited.

SEC. 104. The provisions of section 103 shall remain in effect in any State unless and until the President shall certify that discrimination in registration and voting in that State has terminated and that there is no substantial risk of any renewed discrimination.

SEC. 105. The provisions of this title shall be enforceable

(a) by appropriate civil actions instituted in the district courts of the United States by the Attorney General, for or in the name of the United States; and

(b) by the appointment of a Federal registrar or registrars in accordance with the provisions of this Act.

SEC. 106. The contempt provisions of section 151 of the Civil Rights Act of 1957 and the three-judge court provisions of section 101 (d) of the Civil Rights Act of 1964 shall be applicable to proceedings brought under section 105(a).

TITLE II-FEDERAL REGISTRARS

APPOINTMENT OF FEDERAL REGISTRARS

SEC. 201. (a) The President shall, within ninety days after the enactment of this Act, establish an office of Federal registrar for any voting district, if the President determines that the total number of persons of any race or color who were registered to vote in the November 1964 election in such voting district for the purpose of electing any candidate for the office of President is less than 25 per centum of the total number of all persons of such race or color of voting age residing in such voting district.

(b) In addition, the President shall establish an office of Federal registrar for any voting district at any time thereafter that the total number of persons of any race or color who are registered to vote in any succeeding general election is less than 25 per centum of the total number of all persons of such race or color of voting age residing in such voting district.

(c) Whenever twenty or more persons residing in a voting district file a written petition with the President alleging denial of their right to register to vote in any election in such voting district on account of their race or color, the President shall establish an office of Federal registrar in such voting district if he has reason to believe such allegations are true, and

(i) the voting district is one in which less than 50 per centum of the total number of all persons of voting age residing therein voted in the November 1964 election, or

(ii) the voting district is in a State where less than 50 per centum of the total number of all persons of voting age residing in the entire State voted in the November 1964 election.

(d) Upon the establishment of an office of Federal registrar in any voting district, the President shall appoint a sufficient number of Federal registrars for such voting district to achieve the purpose of this title from among officers or employees of the United States who receive basic compensation at a rate of basic salary which is equivalent to at least grade 12 of the General Schedule of the Classification Act of 1949. Each individual, so appointed as a Federal registrar, shall serve without compensation in addition to that received for his regular office or employment, but while engaged in the performance of the duties of a registrar shall be allowed travel and subsistence expenses while away from his home or regular post of duty in accordance with the Travel Expense Act of 1949, as amended, and the Standardized Government Travel Regulations.

(e) Each individual who is appointed a Federal registrar for a voting district shall perform the duties required by this Act, as may be designated by the President, until such time as he is relieved of such duties by the President, or until the office of Federal registrar for such voting district is terminated by the President as provided in subsection (f).

(f) Whenever the President determines that denial of the right to vote has cased in any voting district for which he has established an office of Federal registrar, he shall terminate the office of Federal registrar for such voting district.

(g) If, after the termination of the office of Federal registrar for a voting district, the President determines in accordance with subsection (b) or (c) that it is necessary and appropriate to reestablish the office for such voting district in order to enforce the provisions of this Act, he shall do so and appoint one or more Federal registrars for such area as provided in subsection (d).

REGISTRATION BY FEDERAL REGISTRARS

SEC. 202. The Congress hereby finds

(a) the qualifications and other conditions prescribed by State laws for voting, or registering to vote, in Federal and State elections, other than qualifications based upon age, residence, citizenship, mental competency, and absence of conviction for a felony, are susceptible of use, and have been used, to deny persons the right to vote, because of their race or color; and

(b) the application of qualifications and other conditions by Federal registrars appointed under this title, other than those excepted in subsection (a), would impede and obstruct Federal registrars in the performance of their duties.

SEC. 203. (a) The Federal registrar or registrars for any voting district shall, upon application therefor, register to vote in elections held in such voting district any individual whom the Federal registrar finds to have the requisite qualifications as to citizenship, age, residence, mental competency, and absence of conviction for a felony under the laws of the State in which such voting district is located. An individual so registered by a Federal registrar shall receive a certificate identifying him as a person so qualified to vote in such elections.

(b) If a State imposes or has imposed qualifications with respect to citizenship. age, residence, mental competency, or absence of conviction for a felony more restrictive than those in effect on May 17, 1954, the Federal registrar or registrars in that State shall apply the State law in effect on May 17, 1954.

(c) The Federal registrar or registrars for any voting district shall conform to regulations promulgated by the President wth respect to the time, place, and manner of the performance of the duties prescribed by this Act.

(d) The Federal registrar or registrars of any voting district shall, from time to time, transmit certifications to the proper State and local officials of the individuals who have been registered by them. Such certifications shall be final and not subject to judicial review except as provided in section 205.

(e) All persons certified for registration by Federal registrars in a voting district shall continue to be entitled to vote in any election held in such voting district during the period of service of a Federal registrar in such district, notwithstanding the requirement of reregistration or any other requirement by the State in which such voting district is located. After the office of Federal registrar for any voting district is terminated, all persons certified for registration by Federal registrars in such voting district shall continue to be entitled

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to vote in any election held in such voting district, if reregistration is required under the laws of the State in which such voting district is located, until they have reasonable opportunity to reregister without discrimination on account of their race or color.

VOTING IN ELECTIONS

SEO. 204. Each individual who is registered by a Federal registrar pursuant to section 203 shall have the right to vote, and to have such vote counted, in any election held in the voting district where he resides during the effective period of his registration, unless after his registration and prior to any such election the Federal registrar determines that by reason of any of the qualifications specified in section 203 (a) of this Act he has become ineligible to vote in such elections.

ENFORCEMENT

SEC. 205. (a) Any challenge to the eligibility to vote of persons registered under section 203 of this Act, or any review of the denial of registration by a Federal registrar under section 203 shall be within the sole jurisdiction of the United States circuit court of appeals for the circuit in which the voting district is located. Each person registered under this Act shall be permitted to cast his vote and have it counted pending the determination by the reviewing court of the validity of such challenge or challenges. Any challenge to the eligibility of a person to register under this Act shall be made within five days following such registration, except that challenges shall be in order in any case of fraud or ineligibility arising after registration.

(b) The provisions of this Act shall be enforceable by appropriate civil actions instituted in the district courts of the United States by the Attorney General, for or in the name of the United States. When necessary to assure persons registered under this Act of the right to vote and to have their votes counted, the district court concerned shall issue permanent or temporary injunctions or other orders directed to appropriate State or local voting officials, requiring them to permit persons so registered to cast their votes and have them counted and staying the certification of the results of such election pending the determination by the court in the case involved.

(c) The provisions of section 2004 of the Revised Statutes (42 U.S.C. 1971) shall be applicable with respect to all cases of criminal contempt arising under the provisions of this Act.

(d) The provisions of section 2004 of the Revised Statutes (42 U.S.C. 1971) shall be applicable with respect to all threats of intimidation or coercion of persons seeking to register and vote under the provisions of this Act.

CONTINUED EFFECT PENDING JUDICIAL REVIEW

SEC. 206. In any case in which a challenge is made to the constitutionality of this Act, the appropriate reviewing court shall issue an order authorizing the provisions of this Act and the authority granted therefrom to continue in effect pending determination of the validity of such challenge.

TITLE III-PROHIBITION OF POLL TAXES

SEC. 301. The Congress hereby finds

(a) that the requirement of the payment of a poll tax as a prerequisite to voting has historically been one of the methods used to circumvent the fourteenth and fifteenth amendments, and that the passage of laws establishing such a requirement in the States still retaining this requirement was for the purpose, in whole or in part, of denying persons the right to vote because of race or color, and that this requirement has been and is being applied discriminatorily so as to deprive persons of the right to vote because of race or color;

(b) that the requirement of the payment of a poll tax as a condition upon or a prerequisite to voting is not a bona fide qualification of an elector, but an arbitrary and unreasonable restriction upon the right to vote in violation of the fourteenth and fifteenth amendments.

SEC. 302. No State shall require the payment of a poll tax as a condition upon or a prerequisite to voting in any election conducted under its authority.

TITLE IV-MISCELLANEOUS

SEC. 401. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

SECTION 2004 OF THE REVISED STATUTES

SEC. 402. Section 2004 of the Revised Statutes (42 U.S.C. 1971) is amended as follows:

(a) In subsections (a) (2) and (c), strike out "Federal", immediately preceding "election", wherever it appears in such subsections.

(b) Strike out subsection (f) thereof.

EXERCISE OF FUNCTIONS CONFERRED UPON PRESIDENT

SEC. 403. (a) The President may delegate authority to exercise any of the functions conferred upon him by this Act to such officer of the United States Government as he shall direct.

(b) In making numerical determinations required under this Act, the President may make such determinations on the best statistical information available to him.

[H.R. 6340, 89th Cong., 1st sess.]

A BILL To provide for the implementation of voting rights, the appointment of Federal registrars, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 42, sections 1971 (a) (2) and (c), United States Code, are amended by striking out the word "Federal" wherever it appears therein.

SEC. 2. Title 42. section 1971 (f), United States Code, is deleted and the following subsections shall be renumbered accordingly.

SEC. 3. Title 42, section 1971(e), United States Code, is amended to read as follows:

"(e) In any proceeding instituted pursuant to subsection (c) of this section in the event the court finds that any person has been deprived on account of race or color of any right or privilege secured by subsection (a) of this section, the court shall, upon request of the Attorney General and after each party has been given notice and the opportunity to be heard, make a finding forthwith whether such deprivation was or is pursuant to a pattern or practice. If the court finds that fifty or more persons of such race or color resident within the affected area are qualified to vote under State law and have been, within one year from the date the proceeding was commenced pursuant to subsection (c), (1) deprived of or denied under color of law the opportunity to register to vote within two days of making application thereof or otherwise qualified to vote, or (2) found not qualified to vote by any person acting under color of law, it shall immediately make a finding that a pattern or practice of discrimination exists.

"Upon such a finding of a pattern or practice, the court shall appoint one or more Federal registrars from a panel of no less than ten persons so designated by the Preseident of the United States. A Federal registrar shall be appointed by the court for one year and thereafter until the court subsequently finds that such pattern or practice has ceased.

"If the court, within forty days after the request of the Attorney General for a finding of a pattern or practice, fails to determine whether such pattern or practice exists, the President shall appoint Federal registrars in the same manner as the court is empowered to do, if the President receives statements under oath from at least fifty persons within the affected area that they have been, because of their race or color, (1) deprived of or denied under color of law the opportunity to register to vote within two days of making application thereof or otherwise qualified to vote, or (2) found not qualified to vote by any person acting under color of law.

"The panel of persons from which Federal registrars are to be chosen shall be existing Federal officers or employees who are qualified voters in the judicial district in which the proceeding has been instituted. Federal registrars, so appointed, shall subscribe to the oath of office required by section 16 of title 5, United States Code. Such registrars shall serve without compensation in

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