§ 10305. Use of observers
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/usc/title-52/section-10305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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.)
Connections100 cite this · traces to 4
Cited by 100 sections · top 58
public-private-law
- Public Law 116-260Consolidated Appropriations Act, 2021
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- Public Law 114-113Consolidated Appropriations Act, 2016
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- Public Law 115-31Consolidated Appropriations Act, 2017
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- Public Law 116-6Consolidated Appropriations Act, 2019
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- Public Law 119-74Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026
statutes-at-large
- Public LawMaking appropriations for the fiscal year ending September 30, 2017, and for other purposes
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- Public Law 114–113Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2016, and for other purposes
- Public Law 116–6
- Public Law 117–103Making consolidated appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance for the situation in Ukraine, and for other purposes
- Public Law 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
- Public Law 116–93Making consolidated appropriations for the fiscal year ending September 30, 2020, and for other purposes
- Public Law 117–328Making consolidated appropriations for the fiscal year ending September 30, 2023, and for providing emergency assistance for the situation in Ukraine, and for other purposes
statute-compilations
- Sec. 8**[**[52 U.S.C. 10305](/us/usc/t52/s10305)**]**
- Sec. 8CORRECTION
- Sec. 799DFor necessary expenses for salary and related costs associated with Agriculture Quarantine and Inspection Services activities pursuant to 21 U.S.C. 136a(6), and in addition to any other funds made available for this purpose, there is appropriated, out of any money in the Treasury not otherwise appropriated, $635,000,000, to remain available until September 30, 2022, to offset the loss resulting from the coronavirus pandemic of quarantine and inspection fees collected pursuant to sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a): * Provided*, That amounts made available in this section shall be treated as funds collected by fees authorized under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a) for purposes of section 421(f) of the Homeland Security Act of 2002 (6 U.S.C. 231(f)): * Provided further*, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
- Sec. 787The Secretary shall use funds made available under the heading “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)” to increase the amount of a cash-value voucher for women and children participants to an amount recommended by the National Academies of Science, Engineering and Medicine and adjusted for inflation.
- Sec. 9ADJUSTMENTS TO COMPENSATION
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- Sec. 793### (a)
bill
- Sec. 7Authority to assign observers
- Sec. 5Authority to assign observers
- Sec. 7Authority to assign observers
- Sec. 6Federal observers to protect tribal voting rights
- Sec. 7Election observer transparency
- Sec. 7Authority to assign observers
- Sec. 5Authority to assign observers
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- Sec. 10Federal observers to protect tribal voting rights
- Sec. 10Federal observers to protect tribal voting rights
- Sec. 5Authority to assign observers
- Sec. 6Authority to assign observers
- Sec. 6Authority to assign observers
- Sec. 6Authority to assign observers
- Sec. 7Authority to assign observers
- Sec. 10Federal observers to protect Tribal voting rights
- Sec. 7Authority to assign observers
- Sec. 8Authority to assign observers
- Sec. 8Authority to assign observers
- Sec. 8Authority to assign observers
- Sec. 11Federal observers to protect tribal voting rights
- Sec. 11Federal observers to protect Tribal voting rights
- Sec. 107Authority to assign observers
- Sec. 311Federal observers to protect Tribal voting rights
- Sec. 9007Authority to assign observers
- Sec. 9211Federal observers to protect Tribal voting rights
- Sec. 5Authority to assign observers
- Sec. 8Authority to assign observers
- Sec. 107Authority to assign observers
- Sec. 8Authority to assign observers
- Sec. 107Authority to assign observers
8 references not yet in our index
- Pub. L. 89–110, title I, § 8
- 79 Stat. 441
- Pub. L. 91–285, § 2
- 84 Stat. 314
- Pub. L. 109–246, § 3(a)
- 120 Stat. 578
- Pub. L. 109–246
- section 1973a(a) of this title
Citation graph
cites case law
§ 10305
Use of observers
Bills×69
Pub. L.×12
Stat.×9
Stat. Comp.×8
U.S.C.×2
Pub. L.Pub. L. 89–110, title I, § 8
Stat.79 Stat. 441
Pub. L.Pub. L. 91–285, § 2
Stat.84 Stat. 314
Pub. L.Pub. L. 109–246, § 3(a)
Cites 12 · showing 9Cited by 100 across 5 sources