Depriving or attempting to deprive persons of secured rights
section 10307(a) of this titleWhoever 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 , shall be fined not more than $5,000, or imprisoned not more than five years, or both.
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.
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.
Civil action by Attorney General for preventive relief; injunctive and other relief
section 1973e of title 421
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.
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.
Pub. L. 89–110, title I, § 1279 Stat. 443 Pub. L. 90–284, title I, § 103(c)82 Stat. 75 Pub. L. 91–285, § 284 Stat. 314 Pub. L. 109–246, § 3(d)(3)120 Stat. 580 (, , ; , , ; renumbered title I, , , ; , (4), (e)(2), , .)
Editorial Notes
References in Text
Section 1973e of title 42Pub. L. 109–246, § 3(c)120 Stat. 580 , referred to in subsec. (d), was repealed by , , .
Codification
section 1973j 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. 109–246, § 3(e)(2)2006—Subsec. (a). , struck out “1973e,” after “1973c,”.
Pub. L. 109–246, § 3(d)(3)Subsec. (b). , substituted “an observer has been assigned” for “an examiner has been appointed”.
Pub. L. 109–246, § 3(e)(2)Subsec. (c). , struck out “1973e,” after “1973c,”.
Pub. L. 109–246, § 3(d)(4)Subsec. (e). , substituted “observers” for “examiners” and substituted “observer” for “examiner” in two places.
Pub. L. 90–284section 1973i(b) of this title1968—Subsecs. (a), (c). struck out reference to violation of .