§ 10305. Use of observers | Statutes | Westlaw

§ 10305. Use of observers | Statutes | Westlaw

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§ 10305. Use of observers

52 USCA § 10305United States Code AnnotatedTitle 52. Voting and Elections (Approx. 2 pages)

§ 10305. Use of observers

52 USCA § 10305United States Code AnnotatedTitle 52. Voting and Elections (Approx. 2 pages)

United States Code Annotated
Title 52. Voting and Elections (Refs & Annos)
Subtitle I. Voting Rights
Chapter 103. Enforcement of Voting Rights
52 U.S.C.A. § 10305
Formerly cited as 42 USCA § 1973f
§ 10305. Use of observers
(a) Assignment
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;

the Director of the Office of Personnel Management shall assign as many observers for such subdivision as the Director may deem appropriate.
(b) Status
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) Designation
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) Authority
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) Investigation and report
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.
CREDIT(S)
(Pub.L. 89-110, Title I, § 8, Aug. 6, 1965, 79 Stat. 441; renumbered Title I, Pub.L. 91-285, § 2, June 22, 1970, 84 Stat. 314; amended Pub.L. 109-246, § 3(a), July 27, 2006, 120 Stat. 578.)
52 U.S.C.A. § 10305, 52 USCA § 10305
Current through P.L. 118-65. Some statute sections may be more current, see credits for details.
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