The
Number and Apportionment
of Representatives
(2 U.S.C. 2a & 2b) |
This
statute fixes the number of members in the U.S. House
of Representatives at 435 (as first established in
1911) and provides for their decennial reapportionment
according to the "method of equal proportions,
no State to receive less than one member." |
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The
Number of Congressional Districts and the Number
of Representatives from Each District
(2 U.S.C. 2c)
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This
Statute formally establishes, as of 1967, the single-member-district
(or nominal") system of representation in the
U.S. House of representatives requiring each State
to contain as many Congressional districts as it
has members in the House with one member being elected
from each district.
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The
Time of Conducting Federal Elections |
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Presidential
Elections
(3 U.S.C.1)
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The time
for appointing presidential Electors (and, hence,
for conducting presidential elections by today's
practice of appointing them by direct popular vote)
was established in 1845 as being "on the Tuesday
next after the first Monday in November, in every
fourth year..." |
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| House
Elections |
The time
for electing Representatives was established in 1875
as being "The Tuesday next after the first Monday
in November, in every even numbered year..." |
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| Senate
Elections |
The time
for electing Senators was established in 1914 as
being "At the regular election held in any State
next preceding the expiration of the term for which
any Senator was elected to represent such State in
Congress, at which election a Representative to Congress
is regularly by law to be chosen..." |
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The
Voting Rights Act of 1965, as amended |
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The Voting
Rights Act of 1965 was originally designed to protect
and facilitate the voting rights of racial minority
groups. Subsequent amendments have, however, expand
it to include members of language minority groups
as well as other more general matters regarding voting
qualifications and procedures. As a result, some
portions of the Voting Rights Act now apply to all
elections nationwide, other portions apply nationwide
but only to presidential general elections, and still
other portions apply to all elections but only in
certain States or political subdivisions. (In order
to find out whether your jurisdiction is covered
by these latter provisions, we suggest that you contact
your State election authority or the Department of
Justice guidelines).
Salient
features of the Voting Rights Act include the following:
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Discriminatory
Laws, Procedures, or Electoral Systems
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A
General Prohibition on Discriminatory Voting Laws
(42 U.S.C. 1973) applies to all elections
and prohibits all States and political subdivisions
from imposing or applying election laws or procedures
which discriminate against individuals on account
of race, color, or language minority status. Section
2, as this section is generally known, also prohibits
the use of discriminatory redistricting plans and
of electoral systems that dilute minority voting
strength.
NOTES:
(1) Those engaged in redistricting at any level will
want to bear this prohibition in mind so as to avoid
time-consuming and expensive litigation. (2) In addition
to this general provision, which applies everywhere,
there are four special anti discrimination provisions
that apply only to certain jurisdictions. Because
of their narrower application, these special provisions
regarding pre clearance, minority languages, federal
observers, and federal examiners are identified at
the end of this page.
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| Literacy
Tests |
A
Prohibition on Literacy Tests and Other Devices
(42 U.S.C. 1973aa) applies to all elections
in all jurisdictions and bans literacy tests and
other devices as a condition for voter registration.
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Registration
Deadlines
Absentee
Ballot
Application
Deadline
Absentee
Voting
for Interstate
Movers
Absentee
Registration
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Residency
Requirements for Voting for President and Vice
President (42 U.S.C. 1973aa-1) apply only
to general elections for U.S. President and Vice
President and their electors in all jurisdictions.
This provision:
- Permits
otherwise qualified residents of a State to vote
in presidential elections regardless of any State
durational residency requirement provided such
residents apply for registration no later than
30 days prior to the election (or lesser period
if State law permits;
- Permits
duly qualified (i.e. registered) residents of a
State who may be absent on election day to vote
absentee in presidential elections provided that
they have applied for an absentee ballot no later
than 7 days before the election (or a lesser period
if State law permits) and have returned the ballot
to the appropriate election official no later than
the close of polls;
- Permits
persons who move to a new State within 30 days
prior to the election (and who may therefore fail
to qualify for registration in their new State)
to vote absentee for president and vice president
in their State of former residence if they otherwise
fulfill the requirements (including voter registration
requirements) of their previous State's law; and
- Prohibits
States from denying a U.S. citizen who is otherwise
qualified to vote by absentee ballot the right
to vote simply because that State has no provision
for absentee registration. (In other words, States
that prohibit otherwise qualified residents from
registering absentee must nevertheless permit them
to vote absentee for the offices of President and
Vice President).
(NOTE: Despite
a popular misconception these provisions do not constitute
a blanket guarantee of the right to vote for president
and vice president regardless of whether or not the
individual is registered. On the contrary, State
voter registration requirements --except in those
few States that do not provide for absentee registration--
are specifically respected.)
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| Voter
Assistance |
Voter
Assistance Provisions (42 U.S.C. 1973aa-6) apply
to all elections in all jurisdictions. This portion
of the law, commonly referred to as Section 208,
reads in its entirety:
"Any voter who requires
assistance to vote by reason of blindness, disability,
or inability to read or write may be given assistance
by a person of the voter's choice, other than the
voter's employer or agent of that employer or officer
or agent of the voter's union."
(NOTE: This provision
supersedes any incompatible State law that may restrict
the number of voters a person may assist or that
places restrictions, such as on children, on who
may enter a polling booth with a voter requiring
assistance. It does not, however, preclude obtaining
a signed and sworn affidavit from any person providing
a voter assistance.)
Special
provisions of the Voting Rights Act include the following:
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Bilingual
Election
Services |
Bilingual
Election Requirements (42 U.S.C. 1973aa-1a and
1973b(f)(4)) apply to all elections but
only in certain covered jurisdictions requiring
them to provide registration and voting materials
and oral assistance in the language of a qualified
language minority group as well as in English.
Such language minority groups include persons of
Hispanic heritage, American Indians, Alaska Natives,
and Asian Americans.
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Section
5
Preclearance
of Changes |
Preclearance
of Changes in Voting Laws (42 U.S.C. 1973c) applies
to laws and procedures affecting all elections
but only in certain covered States and political
subdivisions and prohibits them from using new
election laws and procedures without preclearance
from the U.S. Attorney General or else from the
U.S. District Court for the District of Columbia.
(NOTE: The
purpose of this requirement, commonly referred
to as Section 5, is to prevent the implementation
of voting changes that have the purpose or effect
of denying or abridging the right to vote on
account of race, color, or membership in a language
minority group.)
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| Federal
Examiners |
Voter
Registration by Federal Examiners (42 U.S.C. 1973a
and 1973d) applies to all elections but
only in certain covered States and authorizes the
U.S. Office of Personnel Management to register
eligible voters in political subdivisions of such
States when the U.S. Attorney General certifies
it as being necessary to protect the right to vote
from racial discrimination.
(NOTE:
In order to ascertain whether jurisdiction is covered
by any of the last four provisions listed above,
or for advice concerning them, the Department of
Justice offers both Section 5 and minority guidelines
which may be obtained at the address below.)
Specific
questions regarding any of the provisions of the
Voting Rights Act or requests for copies of the Act
should be addressed to:
The
Voting Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66128
Washington, DC 20035-6128
TEL: (202) 307-3266
FAX: (202) 307-3961
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Motor
Voter
Registration |
The
National Voter Registration Act of 1993
(42 U.S.C. 1973gg and 11 CFR 8) |
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This
Act applies to all federal elections in all States
except Idaho, Minnesota, New Hampshire, North dakota
, Wisconsin and Wyoming which are exempted by 42
U.S.C. 1973gg-2 as amended. In all other States,
this Act: |
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Requires
that individuals be given an opportunity to register
to vote (or to update their registration data) when
applying for or renewing a driver's license or other
personal identification document issued by a State
motor vehicle authority. Further, any change of address
submitted for a motor vehicle driver's license shall
also serve as a notice of change of address for voter
registration purposes unless the individual states
on the application that the change of address is
not for voter registration purposes. |
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Requires
that individuals be given the opportunity to register
to vote (or to change their voter registration address)
when applying for services or assistance: |
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- at
any office in the State that provides public
assistance including, but not limited to, the
Food Stamp Program; the Medicaid Program; the
Special Supplemental Food Program for Women,
Infants and Children (WIC) Program; and the Aid
to Families with Dependent Children (AFDC) Program;
- at
or through any office in the State that provides
State funded programs primarily engaged in
providing services to persons with disabilities;
- at
other offices designated by the State; and
- at
Armed Forces recruitment offices.
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Individuals
must be provided this opportunity not only at the
time of their original application for services,
but also when filing a re certification, renewal,
or change of address relating to such services.
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Agency
Registration |
Agencies
providing voter registration services must offer
the same degree of assistance to individuals in completing
a voter registration form as they offer to individuals
completing the agency's own forms, unless the applicant
refuses such assistance. Moreover, the person who
provides such services in the agency is prohibited
from:
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- seeking
to influence an applicant's party preference
or party registration;
- displaying any
such political preference or party allegiance;
- making any statement
or taking any action whose purpose or effect
is to discourage the applicant from registering
to vote; and
- making any statement
or taking any action whose purpose or effect
is to lead the applicant to believe that a
decision whether or not to register has any
bearing on the availability of services or
benefits.
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| Mail
Registration |
Requires
that States accept a national voter registration
form (prescribed by the Federal Election Commission)
as a means of applying for voter registration or
updating voter registration data. in addition, States
are permitted to use their own State mail registration
form provided that it meets the criteria laid out
in 42 U.S.C. 1973gg-7 -- the same criteria as pertain
to the contents of the national form. National and
State forms (if any) are to be made available by
the chief State election official through governmental
and private entities with particular emphasis on
organized voter registration programs. |
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Registration
Deadlines |
Establishes
30 days before the election (or the State's own registration
deadline if it is later) as the last day on which
an applicant may submit a voter registration form.
Motor vehicle and agency offices have up to 5 days
to transmit to the election office any applications
they receive within the last 5 days of voter registration
and up to 10 days to transmit applications at their
times. Election offices must also accept and process
mailed voter registration applications that are postmarked
not later than the voter registration deadline. |
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Notice
of
Disposition |
Requires
the appropriate election official to send notice
to each applicant of the disposition of the application. |
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Prohibits
removing the names of individuals from the voter
registration list merely for their failure to vote
or for their having changed residence within the
registrar's jurisdiction.
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Removing
Names
from the Voting List |
Permits
removing the names of individuals from the voter
list:
- upon
the request of the registrant;
- upon
the death of the registrant;
- for
mental incapacity of the registrant as provided
by State law;
- upon
criminal conviction of the registrant as provided
for in State law;
- upon
written notification by the registrant that
the registrant has changed address to a location
outside the registrars' jurisdiction; and
- upon
notification by a motor vehicle or agency office
of a registrant's change of address for voting
purposes to a location outside the registrar's
jurisdiction (this information is presumed
to have originated by a notice from the registrant
to the relevant motor vehicle or agency office).
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Requires
States to conduct a uniform and non-discriminatory
general program (to be completed prior to 90 days
before a federal election) that makes a reasonable
effort to remove the names of voters:
- upon
their written confirmation that their address
has changed to a location outside the registrar's
jurisdiction; or
- upon
their failure to respond to certain confirmation
mailings along with their failure to offer to
vote in any election within two general federal
elections subsequent to the mailing. (The confirmation
mailings in this case are those mailed out to
registrants who, based on information from the
U.S. Postal Service, have apparently changed
address to a location outside the registrar's
jurisdiction).
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| Fail-Safe
Voting |
Permits
certain classes of registrants to vote regardless
of the fact that:
- they
have failed to respond to a confirmation mailing
that was triggered by information indicating that
they may no longer reside in the registrar's jurisdiction
if they affirm that they reside in the jurisdiction.
- they
have failed to respond to a confirmation mailing
triggered by information indicating that they have
moved within the registrar's jurisdiction if they
affirm that they still reside in the jurisdiction;
or
- they
have not been sent a confirmation mailing but affirm
that they:
- have
moved within the same precinct;
- have
moved from one precinct to another within the registrar's
jurisdiction;
- have
not moved, even though the voter registration records
incorrectly show that they have.
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| Record
Keeping |
Requires
States to:
- designate
a State officer or employee as chief State election
official to be responsible for coordinating State
implementation of the Act;
- maintain
for at least two years and to make available for
public inspection all records concerning the implementation
if programs and activities conducted for the purpose
of ensuring the accuracy and currency of official
lists of eligible voters, except to the extent
that such records relate to a declination to register
to vote or to the identity of a voter registration
agency through which any particular person is registered.
These records include:
- lists
of the names and addresses of all persons to whom
confirmation mailings were sent.
- information
concerning whether or not each such person responded
to the mailing as of the date that the records
are inspected.
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| Reporting |
- collect
and report the items of information prescribed
by the Federal Election Commission regarding
the impact of the Act on the administration of
elections for federal office.
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| Role
of the FEC |
Requires
the Federal Election Commission to:
- develop
a mail voter registration application form for
federal elections;
- submit
to Congress not later than June 30 of each odd-numbered
year a report assessing the impact of the Act on
the administration of elections for federal office;
- provide
information to the States with respect to the responsibilities
of the States under the Act; and
- prescribe
regulations necessary to developing the national
mail voter registration form and to submitting
the report to Congress.
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| Enforcement |
The enforcement
of these provisions rests with the United States
Attorney General or with any person who is aggrieved
by noncompliance, either of whom may bring action
for declaratory or injunctive relief in the appropriate
court. Private plaintiffs should take note of the
notification requirements and time constraints described
in 42 U.S.C 1973gg-9. |
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Specific
questions regarding provisions of the National Voter
Registration Act should be addressed either to your
State's chief election official or to:
Office
of Election Administration Federal Election Commission
999 E Street, N.W.
Washington, DC 20463
Tel: (202) 694-1095
Toll Free: (800) 424-9530
FAX: (202) 219-8500
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Matters
regarding the enforcement of the National Voter Registration
Act may be addressed to:
Chief,
Voting Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66128
Washington, DC 20035-6128
Tel: (202) 307-2767
Fax: (202) 307-3961
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The
Uniformed and Overseas Citizens Absentee Voting
Act of 1986 (42 U.S.C. 1973ff through
1973ff-6, 39 U.S.C. 3406, and 18 U.S.C. 608-609) |
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Absentee
Voting
for Uniformed
Services |
This
law consolidates and supercedes the Federal Voting
Assistance Act of 1955 and the Overseas Citizens
Voting Rights Act of 1975. It applies to all general,
primary and special elections for federal office
in all jurisdictions and: |
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Absentee
Voting
for Overseas
Citizens
Federal
Post Card
Application (FPCA)
Registration
for
Uniformed Services
and Overseas
Citizens
The
Federal
Write-In
Absentee Ballot
(FWAB)
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- Permits
members of the Uniformed Services and Merchant
Marine , and their eligible family members, to
register and vote absentee in elections for federal
office.
- Permits
civilian U.S. citizens residing outside the
U.S., who may no longer retain a residence
in the United States, to register and vote
absentee in federal elections in the jurisdiction
(or precinct) of their last residence in
the United States.
- Provides
for the registration and application for
an absentee ballot by mail using the Federal
Post Card Application (FPCA) form for members
of the Uniformed Services and their eligible
family members and for al other citizens
outside the U.S.
- Requires
the acceptance of any valid voter registration
application for elections for federal office
from absent uniformed or overseas voters
and their eligible family members if received
at least 30 days before the election (or
lesser period if State law permits).
- Permits
members of the Uniformed Services and their
eligible family members and all their citizens
residing outside the United States who are absent from
the United States and its territories to
cast a Federal Write-In Absentee Ballot (FWAB)
in the general election for federal
offices* provided:
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- the
voter has complied with the State's legal requirements
concerning absentee voting (in such matters as
registration, etc.);
- the
voter has made a timely request for a regular
ballot ("timely" being defined
as having been received by the local election
official at least 30 days before the election);
- the
voter has not received the regular absentee
ballot in time to vote and return it (this
decision is left largely to the voter)*;
and
- the
ballot is submitted from a location outside
the United States or its territories.*
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* NOTES:
(1) The FWAB can be obtained by voters
from U.S. Embassies, consulates, and military installations,
as well as from overseas political parties and
U.S. corporations overseas that employ U.S. citizens. (2) Should
the voter cast a ballot using the FWAB but then
receive, vote, and return the regular absentee
ballot on time, the regular ballot takes precedence
over the FWAB. (3) Some States
allow the FWAB to be used by voters in other than
the general election and for other than federal
offices. Some States do not require the voter to
be overseas. |
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- Recommends
that the States take action to eliminate obstacles
to absentee voting encountered by military and
overseas citizens.
- Recommends
that, if an application other than the Federal
Post Card Application (FPCA) is required
for absentee registration, it should be sent
to the voter along with the absentee ballot,
to be returned to the ballot.
- Encourages
the provision of later registration for persons
recently separated from the Armed Forces.
- Provides
penalties for furnishing false information
to establish eligibility to vote under this
Act.
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For further
information regarding any of the provisions of the
Uniformed and Overseas Citizens Absentee Voting Act
(or for assistance in providing election services
to uniformed and overseas citizens contact:
The
Federal Voting Assistance Program
1155 Defense Pentagon Washington, DC 20301-1155
Tel:
(703) 588-1584
Fax: (703) 588-0108
http://www.fvap.gov
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The
Voting Accessibility for the Elderly and Handicapped
Act of 1984 (42 U.S.C. 1973ee through 1973ee-6) |
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Accessibility
of
Polling Places |
This
Act applies to all general, primary, and special
federal elections in all jurisdictions and requires:
that
each political subdivision responsible for conducting
elections within each State assure that polling
places for federal elections are accessible to
elderly and handicapped voters except in the
case of an emergency as determined by the State's
chief election officer or unless the States chief
election officer
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- determines,
by surveying all potential polling places, that
no such place in the area is accessible or can
be made temporarily accessible, and
- assures
that any handicapped voter assigned to an inaccessible
polling place will, upon advance request under
established State procedures, either be assigned
to an accessible polling place or be provided
an alternative means of casting a ballot on
election day.
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Accessibility
of
Registration Sites |
that
each State and political subdivision responsible
for voter registration for federal elections provide
a reasonable number of accessible permanent registration
facilities unless the State has in effect a system
which provides potential voters an opportunity to
register by mail or at their residence. |
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| Voting
Aids |
that
each State make available to handicapped and elderly
individuals registration and voting aids for federal
elections including large-type instructions conspicuously
displayed in every permanent registration facility
and polling place and information by telecommunication
devices (TDD's) for the deaf. |
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Notarization
or
Medical Certification |
the elimination
of any notarization or medical certification requirement
for handicapped voters to obtain (or apply for) an
absentee ballot except for medical certifications
required to establish eligibility, under State law,
for automatically receiving such an application or
ballot on a continuing basis or for applying for
an absentee ballot after the normal deadline has
passed.
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that
each State's chief election officer provide (not
later than when general public notice of registration
and voting is provided) public notice calculated
to reach elderly and handicapped voters regarding
the availability
- of
registration and voting aids required above;
- of
the voter assistance provisions under section
208 of the Voting Rights Act of 1965; and
- of
the procedures for voting by absentee ballot.
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The enforcement
of these provisions rests with the United States
Attorney General or with any individual who is personally
aggrieved by noncompliance, either of whom may bring
an action for declaratory or injunctive relief in
the appropriate court provided that the plaintiff
notify the State's chief election officer of the
noncompliance and a period of 45 days has elapsed
since the date of notification.
Specific
questions regarding any of the provisions of
the Voting Accessibility for the Elderly and
Handicapped Act should be addressed to either
your State's chief election officer or directly
to:
Office
of Election Administration Federal Election
Commission
999 E Street, N.W.
Washington, DC 20463
Tel: (202) 694-1095
Toll Free: (800) 424-9530
Fax: (202) 219-8500
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Retention
of Voting Documentation
(42 U.S.C. 1974 through 1974e) |
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| Record
Retention |
This
statute applies in all jurisdictions and to all elections
in which a federal candidate is on the ballot. It
requires election officials to preserve for 22 months "all
records and papers which came into their possession
relating to an application, registration, payment
of a poll tax, or other act requisite to voting."
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NOTE: The
Department of Justice considers this law to cover
all voter registration records, all poll lists and
similar documents reflecting the identity of voters
casting ballots at the polls, all applications for
absentee ballots, all envelopes in which absentee
ballots are returned for tabulation, all documents
containing oaths of voters, all documents relating
to challenges to voters or absentee ballots, all
tally sheets and canvass reports, all records reflecting
the appointment of persons entitled to act as poll
officials or poll watchers, and all computer programs
used to tabulate votes electronically. In addition,
it is the Department of Justice's view that the phrase "other
act requisite to voting" requires the retention
of the ballots themselves, at least in those jurisdictions
where a voter's electoral preference is manifested
by marking a piece of paper or by punching holes
in a computer card.) |
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More
details regarding coverage of this law are provided
in Innovations in Election Administration 8: Election
Document Retention in an Age of High Technology,
available free of charge from:
Office
of Election Administration Federal Election
Commission
999 E Street, N.W.
Washington, DC 20463
Tel: (202) 694-1095
Toll Free: (800) 424-9530
Fax: (202) 219-8500
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Any additional
questions regarding the retention of voting documentation
should be addressed to:
Director,
Election Crimes Branch Department of Justice
1400New York Avenue, N.W.
12th Fl.
Washington, DC 20005
Tel: (202) 514-1421
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Conspiring
Against the Rights of Citizens and Deprivation
of Rights Under Color of Law (18 U.S.C. 241 and
242) |
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| Prohibited
Acts |
This
statute applies in all jurisdictions and in all elections
should a public official (poll worker, registrar,
election official, etc.) be involved in a criminal
act. If a public official is not involved, it applies
only to vote fraud directly or indirectly affecting
federal candidates on the ballot. Prohibited acts
include, among others:
- intentionally
preventing a qualified voter from casting
a ballot;
- forging
or altering ballots;
- impersonating
qualified voters;
- illegally
registering voters;
- casting
absentee ballots in another voter's name.
Specific
questions regarding this statute or its appropriate
application should be addressed to:
Director,
Election Crimes Branch Department of Justice
1400 New York Avenue, N.W.
12th Fl.
Washington, DC20005
Tel: (202) 514-1421
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Denying
the Right of Individuals to Vote Because of Errors
or Omissions on their Voter Registration Application
(42 U.S.C. 1971(a)(2)(B)) |
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Incomplete
Registration
Applications |
This
statute applies in all jurisdictions and to all elections. It specifically
prohibits any person acting under color of law from
denying "the right of any individual to vote
in any election because of an error or omission on
any record or paper relating to any application,
registration, or other act requisite to voting, if
such error or omission is not material in determining
whether such individual is qualified under State
law to vote in such election."
Specific
questions regarding this provision should be addressed
to:
The
Voting Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66128
Washington,DC 20035-6128
Tel: (202) 307-3266
Fax: (202) 307-3961
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False
Information in, and Payments for, Registering or
Voting (42 U.S.C. 1973i(c)) |
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| False
Information |
This
statute applies to all jurisdictions and prohibits
giving materially false information (false name,
home address, and/or period of residence in voting
district) to an election official for the purpose
of establishing one's eligibility to register or
to vote. Although the law applies only to elections
in which a federal candidate is on the ballot, any
registration which would qualify the applicant to
cast a ballot in a federal contest would fall under
this provision. |
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| Vote
Buying |
This
statute also prohibits "vote buying" in
the broadest terms possible by forbidding any "payment" or "offer
of payment" that is made to a would-be voter "for
voting" or to induce unregistered individuals
to get onto the electoral roles. A "payment" encompasses anything of
material value including lottery chances.
Questions
regarding this law or its appropriate application
should be addressed to:
Director,
Election Crimes Branch Department of Justice
1400 New York Avenue, N.W.
12th Fl.
Washington, DC 20005
Tel: (202) 514-1421
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Voting
More Than Once (42 U.S.C. 1973i(e)) |
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| Multiple
Voting |
This
statute makes it unlawful to "vote more than
once" in connection with any general, special,
or primary election in which a federal candidate is
on the ballot. |
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(NOTE: According
to the Department of Justice, the concept of "voting
more than once" is not necessarily restricted
to situations where members of a criminal enterprise
actually mark more than one ballot. It may also apply
in situations involving the intimidation of voters,
or where it can otherwise be fairly said that a defendant
purposely sought to subvert the free exercise of
the electoral will of other voters, and thereby multiply
the value of his own franchise beyond the one vote
accorded to him under our electoral system.) |
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Questions
regarding this law or its appropriate application
should also be addressed to:
Director,
Election Crimes Branch Department of Justice
1400 New York Avenue, N.W., 12th Fl.
Washington, DC 20005
Tel: (202) 514-1421
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