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"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 addition to that received for such other service, but while engaged in the work as registrars shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from their usual place of residence, in accordance with the provisions of the Travel Expense Act of 1949, as amended.

"Federal registrars shall, notwithstanding a registration deadline or other such time limitations as may be established under State or local law, receive applications to register to vote of any person who is resident within the affected area and is of the same race or color as those persons who were found to be deprived of the right to vote. Federal registrars shall, in determining whether an applicant is qualified to vote, apply State law, except that, any applicant who has completed the six grades of education in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico, shall have fulfilled all literary, education, knowledge, or intelligence requirements. The Federal registrar shall disregard any poll tax as a prerequisite to vote.

"Applications to vote shall be received by a Federal registrar upon any working day of the week up to thirty days prior to any election and he shall forthwith determine whether an applicant is qualified to vote. If a Federal registrar determines that an applicant is qualified to vote, he shall issue to the applicant a certificate identifying the holder thereof as a person so qualified. The certificate of qualification to vote shall be effective within the longest period for which such applicant could have been registered or otherwise qualified to vote under State law, but no less than one year or until the court finds that a pattern or practice of discrimination has ceased, whichever is greater. Copies of the certificate shall also be submitted to the court, to the Attorney General or his designated representative, and to the appropriate election officers.

"Notwithstanding any inconsistent provision of State law or the action of any State officer or court, an applicant so declared qualified to vote shall be permitted to vote in any appropriate election. Federal registrars shall, until the court finds that a pattern or practice of discrimination has ceased, oversee all elections conducted by State and local officials within the affected area, make tallies, and report to the court and the Attorney General or his designated representative, any person, holding certificates of qualification to vote, who has been refused the right to vote. The refusal by any such officer with notice of such certificate of qualification to permit any person to vote shall constitute contempt of court where the court has made a finding of a pattern or practice of discrimination. In addition, thereto, the court where it has made such finding, shall void any election, except an election for the office of President, Vice President, or presidential elector, where it finds that fifty or more persons, possessing certificates of qualification to vote, have been refused the right to vote in such election. If the court fails to void an election, as so required, the Attorney General shall seek the issuance of a writ of mandamus from the Supreme Court of the United States to require the court to take such action.

"Where the President, instead of the court, has found a pattern or practice of discrimination, and has appointed Federal registrars, the President shall declare such election void under the same conditions that the court is empowered to do, and shall request the Attorney General to institute the necessary legal action to have such declaration of voidance enforced.

"When used in the subsection, the word 'vote' includes all action necessary to make a vote effective including, but not limited to, registration or other action required by State law prerequisite to voting, casting a ballot, and having such ballot counted and included in the appropriate totals of votes cast with respect to candidates for public office and propositions for which votes are received in an

election; the words 'affected area' shall mean any subdivision of the State in which the laws of the State relating to voting are or have been to any extent administered by a person found in the proceeding to have violated subsection (a) of this section; and the words 'qualified under State law' shall mean qualified according to the laws, customs, or usages of the State, and shall not, in any event, imply qualifications more stringent than those used by the persons found in the proceeding to have violated subsection (a) of this section in qualifying persons other than those of the race or color against which the pattern or practice of discrimination was found to exist.

"Unless stayed by an order of the Supreme Court, the action of the court or the Federal registrars pursuant to subsection (e) shall remain in full force and effect pending appeal."

SEC. 4. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.

SEC. 5. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provisions to other persons not similarly situated or to other circumstances shall not be affected thereby.

[H.R. 6086, 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 President 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 addition to that received for such other service, but while engaged in the work as registrars shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from their usual place of residence, in accordance with the provisions of the Travel Expense Act of 1949, as amended.

"Federal registrars shall, notwithstanding a registration deadline or other such time limitations as may be established under State or local law, receive applications to register to vote of any person who is resident within the affected area and is of the same race or color as those persons who were found to be deprived of the right to vote. Federal registrars shall, in determining whether an applicant is qualified to vote, apply State law, except that, any applicant who has completed the six grades of education in a public school in, or a private school accelerated by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico, shall have fulfilled all literary, education, knowledge, or intelligence requirements. The Federal registrar shall disregard any poll tax as a prerequisite to vote.

"Applications to vote shall be received by a Federal registrar upon any working day of the week up to thirty days prior to any election and he shall forthwith determine whether an applicant is qualified to vote. If a Federal registrar determines that an applicant is qualified to vote, he shall issue to the applicant a certificate identifying the holder thereof as a person so qualified. The certificate of qualification to vote shall be effective within the longest period for which such applicant could have been registered or otherwise qualified to vote under State law, but no less than one year or until the court finds that a pattern or practice of discrimination has ceased, whichever is greater. Copies of the certificate shall also be submitted to the court, to the Attorney General or his designated representative, and to the appropriate election officers. "Notwithstanding any inconsistent provision of State law or the action of any State officer or court, an applicant so declared qualified to vote shall be permitted to vote in any appropriate election. Federal registrars shall, until the court finds that a pattern or practice of discrimination has ceased, oversee all elections conducted by State and local officials within the affected area, make tallies, and report to the court and the Attorney General or his designated representative, any person, holding certificates of qualification to vote, who have been refused the right to vote. The refusal by any such officer with notice of such certificate of qualification to permit any person to vote shall constitute contempt of court where the court has made a finding of a pattern or practice of discrimination. In addition, thereto, the court where it has made such finding, shall void any election, except an election for the office of President, Vice President, or presidential elector, where it finds that fifty or more persons, possessing certificates of qualifications to vote, have been refused the right to vote in such election. If the court fails to void an election, as so required, the Attorney General shall seek the issurance of a writ of mandamus from the Supreme Court of the United States to require the court to take such action.

"Where the President, instead of the court, has found a pattern or practice of discrimination, and has appointed Federal registrars, the President shall declare such election void under the same conditions that the court is empowered to do, and shall request the Attorney General to institute the necessary legal action to have such declaration of voidance enforced.

"When used in the subsection, the word 'vote' includes all action necessary to make a vote effective including, but not limited to, registration or other action required by State law prerequisite to voting, casting a ballot, and having such ballot counted and included in the appropriate totals of votes cast with respect to candidates for public office and propositions for which votes are received in an election; the words 'affected area' shall mean any subdivision of the State in which the laws of the State relating to voting are or have been to any extent administered by a person found in the proceeding to have violated subsection (a) of this section; and the words 'qualified under State law' shall mean qualified according to the laws, customs, or usages of the State, and shall not, in any event, imply qualifications more stringent than those used by the persons found in the proceeding to have violated subsection (a) of this section in qualifying persons other than those of the race or color against which the pattern or practice of discrimination was found to exist.

"Unless stayed by an order of the Supreme Court, the action of the court or the Federal registrars pursuant to subsection (e) shall remain in full force and effect pending appeal."

SEC. 4. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.

SEC. 5. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provisions to other persons not similarly situated or to other circumstances shall not be affected thereby.

46-535-65-54

[H.R. 6179, 89th Cong., 1st sess.]

A BILL To protect the voting rights of United States citizens

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

FINDINGS

SECTION 1. The Congress has heretofore expressed, by the creation of the United States Commission on Civil Rights, its concern at the continuing disfranchisement of qualified voters because of their race, color, or national origin. The Commission has found that substantial numbers of qualified voters are being denied the right to register and vote in elections because of their race. color, or national origin. The Congress hereby determines that the continuing denial of rights secured by the fourteenth and fifteenth articles of amendment to the Constitution of the United States requires the exercise of the congressional authority provided under these amendments.

DEFINITIONS

SEC. 2. For the purposes of this Act, the term "election" means any general or special election held in any State for the purpose of selecting any candidate to elective public office and any primary election held in any State for the purpose of selecting any candidate for elective public or party office.

DETERMINATION OF DISENFRANCHISEMENT

SEC. 3. (a) Whenever, in any action brought under section 2004 of the Revised Statutes, as amended (42 U.S.C. 1971), a court finds that, under color of law or by State action, persons in any locality, county or State have been deprived of registration, or of the opportunity of registration, for elections because of their race, color, or national origin, the Attorney General shall notify the President of the United States of such finding.

(b) Whenever the Commission on Civil Rights finds that persons in any locality, county or State have been deprived of registration or the opportunity of registration, for elections because of their race, color, or national origin, the Commission shall notify the President of the United States of such finding.

APPOINTMENT OF FEDERAL REGISTRARS

SEC. 4. (a) Upon any notification of a finding pursuant to section 3, with respect to any State or any locality or county located therein, the President shall establish a Federal Registration Office for the entirety of such State and shall appoint one or more Federal Registrars for such Federal Registration Office. The Federal Registration Office shall be in effect and operation for a minimum of one year and until the President subsequently finds that there is no further need for such Federal Registration Office. To the maximum extent practicable, each individual appointed to serve as a Federal Registrar shall be a qualified voter within the affected State. Federal Registrars shall receive compensation for services at the rate of $ per diem while actually engaged in the performance of such services, and shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties.

(b) The Federal Registrars shall be appointed for one year and shall serve at the pleasure of the President or until the President subsequently finds that there is no further need for a Federal Registration Office in the affected locality, county, or State.

(c) In any locality, county, or State, in which a Federal Registration Office is established, the Federal Registrar appointed pursuant to this Act shall replace and serve in lieu of any voting referee in such locality, county, or State appointed under the provisions of section 2004 of the Revised Statutes, as amended (42 U.S.C. 1971).

DUTIES OF FEDERAL REGISTRARS

SEC. 5. (a) The Federal Registrar for any locality, county, or State shall accept voting registration applications from individuals living in the locality, county, or State in which a finding has been rendered pursuant to section 3. Each applicant whom he finds to meet the residence, age, and sanity requirements for voting of the State wherein the affected locality, county, or State is located shall receive

from him a certificate of registration. Any constitution, law, custom, usage, or regulation of any State, or by or under its authority, to the contrary notwithstanding, residence, age, and sanity shall be the sole qualifications for a certificate of registration. The Federal Registrar shall disregard any poll tax as a prerequisite for voting.

(b) Applications to register to vote shall be received upon any working day of the week up to thirty days prior to any election by Federal Registrars who shall forthwith determine whether any applicant is qualified to vote pursuant to subsection (a).

(c) The certificate of registration shall certify that the holder is qualified to vote. The certificate of registration shall be effective within the longest period for which such applicant could have been qualified to vote under the laws of the State in which the affected locality or area is located, but not less than one year, or until the President finds that the findings pursuant to section 3 are no longer alid for the affected locality, county, or State, whichever period is longest. The Federal Registrar shall, from time to time, transmit to the proper State and local officials all information necessary to identify the persons who have received ertificates of registration.

(d) Nothing contained herein shall be construed to authorize a Federal Regisrar to issue a certificate of registration to any person who is not of the same ice, color, or national origin as the persons found pursuant to section 3 to have een deprived of registration, or the opportunity of registration.

VOTING

SEC. 6. Each applicant who is issued a certificate of registration pursuant to etion 5 shall have the right to vote, and to have such vote counted, in any ction held in his locality, county, or State.

ENFORCEMENT

SEC. 7. (a) Federal Registrars shall oversee all elections conducted by State 1 local officials within the affected locality, county, or State, make tallies, and -ort any persons holding certificates of registration who have been denied the ht to vote or to have such vote counted to the court or the Commission on il Rights, whichever made the finding pursuant to section 3, and to the orney General or his designated representative.

b) Federal Registrars may appoint Deputy Federal Registrars, subject to approval of the Attorney General of the United States, to assist in overseeing a elections. Deputy Federal Registrars shall receive compensation for their ices at the rate of $ per diem while actually engaged in the perform

· of such services, and shall be reimbursed for travel, subsistence, and other ssary expenses incurred in the performance of duties as a Deputy Federal strar.

› When necessary to assure persons issued certificates of registration purt to section 5 of the right to vote and to have their vote counted, the district t shall issue permanent or temporary injunctions or other orders directed to opriate State or local voting officials, requiring them to permit persons d certificates of registration under the provisions of this Act to cast their and have them counted; and may void any election, except an election for ffice of President, Vice President, or presidential elector, where it finds that ns holding certificates of registration have been denied the right to vote or their votes counted in such election: Provided, That the court shall void tion, except an election for the office of President, Vice President, or tial elector, where it finds that fifty or more persons holding certificates ⚫ation have been denied the right to vote or to have their votes counted >ction.

refusal by any State or local officials conducting an election to permit who holds a certificate of registration to vote or to have his vote all constitute contempt of court where the court has made a finding section 3; and shall constitute a violation of this Act pursuant to e) of this section.

rson who interferes with a person attempting to apply for a certifition from a Federal Registrar or who interferes with a person who certificate of registration from a Federal Registrar and who is rote shall be fined not more than $5,000 or imprisoned not more r both.

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