US Code

Public Law 119-73 (01/23/2026)

52 U.S.C. § 10304

Alteration of voting qualifications; procedure and appeal; purpose or effect of diminishing the ability of citizens to elect their preferred candidates

(a)
section 10303(a) of this titlesection 10303(b) of this titlesection 10303(a) of this titlesection 10303(b) of this titlesection 10303(a) of this titlesection 10303(b) of this titlesection 10303(f)(2) of this titleProvidedsection 2284 of title 28 Whenever a State or political subdivision with respect to which the prohibitions set forth in based upon determinations made under the first sentence of are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on , or whenever a State or political subdivision with respect to which the prohibitions set forth in based upon determinations made under the second sentence of are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on , or whenever a State or political subdivision with respect to which the prohibitions set forth in based upon determinations made under the third sentence of are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on , such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such qualification, prerequisite, standard, practice, or procedure neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in , and unless and until the court enters such judgment no person shall be denied the right to vote for failure to comply with such qualification, prerequisite, standard, practice, or procedure: , That such qualification, prerequisite, standard, practice, or procedure may be enforced without such proceeding if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission, or upon good cause shown, to facilitate an expedited approval within sixty days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General’s failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. In the event the Attorney General affirmatively indicates that no objection will be made within the sixty-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to his attention during the remainder of the sixty-day period which would otherwise require objection in accordance with this section. Any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of and any appeal shall lie to the Supreme Court.
(b)
section 10303(f)(2) of this title Any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States on account of race or color, or in contravention of the guarantees set forth in , to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of subsection (a) of this section.
(c)
The term “purpose” in subsections (a) and (b) of this section shall include any discriminatory purpose.
(d)
The purpose of subsection (b) of this section is to protect the ability of such citizens to elect their preferred candidates of choice.

Pub. L. 89–110, title I, § 579 Stat. 439Pub. L. 91–28584 Stat. 314Pub. L. 94–73, title II89 Stat. 402Pub. L. 109–246, § 5120 Stat. 580(, , ; renumbered title I and amended , §§ 2, 5, , , 315; , §§ 204, 206, title IV, § 405, , , 404; , , .)

Editorial Notes

Codification

section 1973c of Title 42Section was formerly classified to , 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

Pub. L. 109–2462006— designated existing provisions as subsec. (a), substituted “neither has the purpose nor will have the effect” for “does not have the purpose and will not have the effect”, and added subsecs. (b) to (d).

Pub. L. 94–73section 1973b(a) of this titlesection 1973b(b) of this titlesection 1973b(f)(2) of this title1975— inserted “or whenever a State or political subdivision with respect to which the prohibitions set forth in based upon determinations made under third sentence of are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on ,” after 1968, substituted “or upon good cause shown, to facilitate an expedited approval within sixty days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General’s failure to object,” for “except that neither the Attorney General’s failure to object”, and “on account of race or color, or in contravention of the guarantees set forth in ” for “on account of race or color”, and inserted provisions that in the event the Attorney General affirmatively indicates that no objection will be made within the sixty-day period following receipt of a submission, the Attorney General may reserve the right to examine the submission if additional information comes to his attention during the remainder of the sixty-day period which would otherwise require objection in accordance with this section.

Pub. L. 91–285section 1973b(b) of this titlesection 1973b(a) of this titlesection 1973b(a) of this titlesection 1973b(b) of this title1970— inserted “based upon determinations made under the first sentence of ” after “” and “or whenever a State or political subdivision with respect to which the prohibitions set forth in based upon determinations made under the second sentence of are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on ,” after “1964,”.