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52 U.S.C. § 10306 — Poll taxes

submitted 61 years ago by Pub. L. 89-110 to r/title-52-VOTING-AND-ELECTIONS · 358 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section states Congress’s findings about poll taxes as a condition of voting and declares that they can deny or limit citizens’ constitutional voting rights. It directs the Attorney General to bring needed court actions and sets procedures for those actions.

(a) Congressional finding and declaration of policy against enforced payment of poll taxes as a device to impair voting rights Congress finds that requiring payment of a “poll tax” as a condition of voting: (i) keeps people with limited financial means from voting or places an unreasonable financial burden on them as a condition of exercising the right to vote; (ii) is not reasonably related to any legitimate State interest in running elections; and (iii) in some areas is intended, or has the effect, of denying people the right to vote because of race or color. This section does not define “poll tax.” Based on these findings, Congress declares that requiring payment of a poll tax as a condition of voting denies or limits citizens’ constitutional right to vote in some areas. (b) Authority of Attorney General to institute actions for relief against enforcement of poll tax requirement Using Congress’s powers under section 5 of the Fourteenth Amendment, section 2 of the Fifteenth Amendment, and section 2 of the Twenty-fourth Amendment, the Attorney General is authorized and directed to promptly bring, in the name of the United States, any actions needed to carry out subsection (a) and the purposes of this section. These actions may include actions against States or political subdivisions. They may seek a declaratory judgment or an injunction against enforcing any requirement to pay a poll tax as a condition of voting, or any substitute for that requirement enacted after November 1, 1964. (c) Jurisdiction of three-judge district courts; appeal to Supreme Court United States district courts have jurisdiction over these actions. A court of three judges must hear and decide them under section 2284 of title 28. An appeal may be taken to the Supreme Court. The judges assigned to hear the case must schedule it for hearing at the earliest practicable date, take part in hearing and deciding it, and make the case move forward in every way as quickly as practicable.

the actual law source: uscode.house.gov ↗public domain
(a) Congressional finding and declaration of policy against enforced payment of poll taxes as a device to impair voting rights

The Congress finds that the requirement of the payment of a poll tax as a precondition to voting (i) precludes persons of limited means from voting or imposes unreasonable financial hardship upon such persons as a precondition to their exercise of the franchise, (ii) does not bear a reasonable relationship to any legitimate State interest in the conduct of elections, and (iii) in some areas has the purpose or effect of denying persons the right to vote because of race or color. Upon the basis of these findings, Congress declares that the constitutional right of citizens to vote is denied or abridged in some areas by the requirement of the payment of a poll tax as a precondition to voting.

(b) Authority of Attorney General to institute actions for relief against enforcement of poll tax requirement

In the exercise of the powers of Congress under section 5 of the fourteenth amendment, section 2 of the fifteenth amendment and section 2 of the twenty-fourth amendment, the Attorney General is authorized and directed to institute forthwith in the name of the United States such actions, including actions against States or political subdivisions, for declaratory judgment or injunctive relief against the enforcement of any requirement of the payment of a poll tax as a precondition to voting, or substitute therefor enacted after November 1, 1964, as will be necessary to implement the declaration of subsection (a) and the purposes of this section.

(c) Jurisdiction of three-judge district courts; appeal to Supreme Court

The district courts of the United States shall have jurisdiction of such actions which shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited.

Source credit: (Pub. L. 89–110, title I, § 10, Aug. 6, 1965, 79 Stat. 442; renumbered title I, Pub. L. 91–285, § 2, June 22, 1970, 84 Stat. 314; amended Pub. L. 94–73, title IV, § 408, Aug. 6, 1975, 89 Stat. 405.)

history & why it existsrecord from the source credit
  • 1965Enacted · Pub. L. 89-110 · 79 Stat. 442
  • 1970Amended · Pub. L. 91-285 · 84 Stat. 314
  • 1975Amended · Pub. L. 94-73 · 89 Stat. 405

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-110 on 1965-08-06.

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