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place where any general or special election is held in any armed State, unless it be necessary to repel the armed enemies to keep the of the United States, or to keep the peace at the polls. U. S. R. S., 2d ed., $ 2002, tit. 26. See § 401, ante.
naval o ffi
Military or naval officers not to prescribe qualifications
Sec. 573. No officer of the army or navy of the United Military or States shall prescribe or fix, or attempt to prescribe or cers not to fix, by proclamation, order, or otherwise, the qualifica- qualifications of voters in any State, or in any manner interfere voters. with the freedom of any election in any State, or with the exercise of the free right of suffrage in any State. $ 2003, same tit.
Race, color or previous condition of servitude not to affect the right to vote at any election. See, also, sections 1 and 2, ante. Sec. 574. All citizens of the United States who are Race, color
1. or previous otherwise qualified by law to vote at any election by the condition people in any State, Territory, district, county, city, tude notto parish, township, school district, municipality, or other right to territorial sub-division, shall be entitled and allowed to election. vote at all such elections, without distinction of race, color or previous condition of servitude; any constitution, law, custom, usage or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding. $ 2004, same tit.
vote at any
If the performance of any prerequisite to the right of
voting is required, equal opportunity to perform to be given to all. Sec. 575. When, under the authority of the constitu- If the per
formance tion or laws of any State, or the laws of any Territory, of any pre
> requisite any act is required to be done as a prerequisite or quali- to the fication for voting, and by such constitution or laws per-voting is sons or officers are charged with the duty of furnishing more to citizens an opportunity to perform such prerequisite, to bere or to become qualified to vote, every such person and officer shall give to all citizens of the United States the same and equal opportunity to perform such prerequisite, and to become qualified to vote. $ 2005, same tit.
equal opportunity to perform
of officer for refusing or
effect to the preleding section.
Removal of oficer for refusing or knowingiy omitting to
give full effect to the preceding section. Removal SEC. 576. Every person or officer charged with the for refus- duty specified in the preceding section, who refuses or knowingly knowingly omits to give full effect to that section, shall to give full forfeit the sum of five hundred dollars to the party
aggrieved by such refusal or omission, to be recovered by
fail, etc., to be deemed a performance in law of such
act, and to entitle to vote. See also section 161, ante. The offer Sec. 577. Whenever under the authority of the conany act stitution or laws of any State, or the laws of any Terri
t- tory, any act is required to be done by a citizen as a pre
å requisite to qualify or entitle him to vote, the offer of ance in law such citizen to perform the act required to be done shall, and to en: if it fail to be carried into execution by reason of the
wrongful act or omission of the person or officer charged with the duty of receiving or permitting such performance or offer to perform, or acting thereon, be deemed and held as a performance in law of such act; and the person so offering and failing to vote, and being other wise qualified, shall be entitled to vote in the same manner and to the same extent as if he had in fact performed such act. $ 2007, same tite
The offer to perform
title to vote.
Remedy against officer for wrongful refusing to receive,
etc., the vote of such person upon presentation of proper affidavit, etc.
Sec. 578. Every judge, inspector or other officer of against for election whose duty it is to receive, count, certify, regisperosefoto ter, report, or give effect to the vote of such citizen who receive wrongfully refuses or omits to receive, count, certify,
r- register, report, or give effect to the vote of such citizen, presenta upon the presentation by him of his affidavit, stating such
offer and the time and place thereof, and the name of affidavit,
the officer or person whose duty it was to act thereon, and that he was wrongfully prevented by such person or officer from performing such act, shall forfeit the sum of five hundred dollars to the party aggrieved by such
etc., the vote of such per
tion of proper
refusal or omission, to be recovered by an action on the case, with costs, and such allowance for counsel fees as the court may deem just. § 2008, tit. 26, U.S. R. S., 2d ed.
Remedy against any person who unlawfully obstructs
any citizen from qualifying himself to vote or from voting. See, also, section 161, ante. Sec. 579. Every officer or other person, having powers Remedy
against or duties of an official character to discharge under any any person of the provisions of this title, who by threats, or any lawfully
obstructs unlawful means, hinders, delays, prevents, or obstructs, any citizen or combines and confederates with others to hinder, qualifying delay, prevent or obstruct any citizen from doing any vote or act required to be done to qualify him to vote, or from ing. voting at any election in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial sub-division, shall forfeit the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action on the case, with costs, and such allowance for counsel fees as the court may deem just. § 2009, same tit.
Right of certain persons if deprived of office by denial
of vote of any citizen on account of his race or color, to bring suit for possession of such office in United States courts. Jurisdiction of national courts in such case. See sections 1, 2, ante. SEC. 580. Whenever any person is defeated or de- Right of
certain prived of his election to any office, except elector of presi- persons if
deprived dent or vice-president, representative or delegate in of office by
denial of congress, or member of a State legislature, by reason of vote of any the denial to any citizen who may offer to vote, of the account of right to vote, on account of race, color, or previous con-color, to dition of servitude, his right to hold and enjoy such for possesoffice, and the emoluments thereof, shall not be impaired such office by such denial; and the person so defeated or deprived States may bring any appropriate suit or proceeding to recover Jurisdicpossession of such office, and in cases where it appears national that the sole question touching the title to such office such case. arises out of the denial of the right to vote to citizens who so offered to vote, on account of race, color or previous condition of servitude, such suit or proceeding
his race or
may be instituted in the circuit or district court of the
the circuit judge to open the circuit court. In cities or SEC. 581. Whenever, in any city or town having upWer 30,000 ward of twenty thousand inhabitants, there are two tants upon citizens thereof, or whenever, in any county or parish, in tion of two any congressional district, there are ten citizens thereof and in any of good standing, who, prior to any registration of voters Corinty for an election for representative or delegate in the consimilar ap- gress of the United States; or prior to any election at of ten citi- which a representative or delegate in congress is to be
voted for, may make known, in writing, to the judge of open the the circuit court of the United States, for the circuit
wherein such city or town, county or parish, is situated,
tants, upon written
zens, the circuit judge to
Proceedings for the appointment of supervisors of elec
tion. Qualifications of supervisors. Proceed- SEC. 582. The court, when so opened by the judge, the apo shall proceed to appoint and commission from day to day of super and from time to time, and under the hand of the judge, elections and under the seal of the court, for each election district
or voting precinct in such city or town, or for such election district or voting precinct in the congressional district as may have applied in the manner herein before prescribed, and to revoke, change or renew such appointment from time to time, two citizens, residents of the
visors of election. Qualifications of supervisors.
city or town, or of the election district or voting precinct in the county or parish, who shall be of different political parties, and able to read and write the English language, and who shall be known and designated as supervisors of election. $ 2012, tit. 26, U. S. R. S., 2d ed.
Courts to be kept open, etc. Power of judge in vacation,
or at chambers.
SEC. 583. The circuit court, when opened by the Courts to judge, as required in the two preceding sections, shall open, etc.
Power of therefrom and thereafter, and up to and including the judge in
vacation, day following the day of election, be always open for the or at transaction of business under this title, and the powers and jurisdiction hereby granted and conferred shall be exercised as well in vacation as in term time; and a judge sitting at chambers shall have the same powers and jurisdiction, including the power of keeping order and of punishing any contempt of his authority, as when sitting in court. 8 2013, same tit.
District judge may be assigned to act in place of circuit
SEC. 584. Whenever, from any cause, the judge of the District circuit court, in any judicial circuit, is unable to perform be as and discharge the duties herein imposed, he is required act in to select and assign to the performance thereof, in his circuit
judge. place, such one of the judges of the district courts within his circuit as he may deem best; and upon such selection and assignment being made, the district judge, so designated, shall perform and discharge, in the place of the circuit judge, all the duties, powers and obligations imposed and conferred upon the circuit judge by the provisions hereof. § 2014, same tit.
How preceding section shall be construed.
SEC. 585. The preceding section shall be construed to How preauthorize each of the judges of the circuit courts of the section United States to designate one or more of the judges of construed. the district courts within his circuit to discharge the duties arising under this title. S 2015, same tit.