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enemies or.

peace.

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.

Military or naval officers not to prescribe qualifications

of voters.

naval offi

prescribe

tions of

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.

See, also, sec

Race, color or previous condition of servitude not to
affect the right to vote at any election.
tions 1 and 2, ante.

SEC. 574. All citizens of the United States who are Race, color

or previous

the condition city, tude not to

other

of servi

affect the

right to

vote at any

otherwise qualified by law to vote at any election by people in any State, Territory, district, county, parish, township, school district, municipality, or 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.

If the performance of any prerequisite to the right of voting is required, equal opportunity to perform to be given to all.

any

formance

of any pre

requisite to the right of voting is

SEC. 575. When, under the authority of the constitu- If the pertion or laws of any State, or the laws of any Territory, act is required to be done as a prerequisite or qualification for voting, and by such constitution or laws per- required, sons or officers are charged with the duty of furnishing equal op to citizens an opportunity to perform such prerequisite, to be given 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.

to perform to all.

Removal

of officer

ing or

omitting

effect to

Removal of officer for refusing or knowingly omitting to give full effect to the preceding section.

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 an action on the case, with costs, and such allowance for counsel fees as the court may deem just. § 2006, tit. 26, U. S. R. S., 2d ed.

the pre

ceding section.

The offer to perform any act prerequis

The offer to perform any act prerequisite to voting, if it fail, etc., to be deemed a performance in law of such act, and to entitle to vote. See also section 161, ante. SEC. 577. Whenever under the authority of the constitution or laws of any State, or the laws of any Terriite to vot- tory, any act is required to be done by a citizen as a prerequisite to qualify or entitle him to vote, the offer of ance in law such citizen to perform the act required to be done shall,

ing, if it

fail, etc., to

be deemed

a perform

of such act

title to

vote.

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 tit.

Remedy

officer for

refusing to

etc., the vote of

such perpresenta

son upon

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 election whose duty it is to receive, count, certify, regiswrongful ter, report, or give effect to the vote of such citizen who receive, wrongfully refuses or omits to receive, count, certify, register, report, or give effect to the vote of such citizen, upon the presentation by him of his affidavit, stating such offer and the time and place thereof, and the name of 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

tion of proper affidavit, etc.

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.

against

who un

obstructs

from

himself to

from vot

SEC. 579. Every officer or other person, having powers Remedy or duties of an official character to discharge under any any person of the provisions of this title, who by threats, or any lawfully 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.

certain

denial of

citizen on

of vote of any the account of con- color, to

his race or

bring suit

sion of

SEC. 580. Whenever any person is defeated or de- Right of 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 congress, or member, of a State legislature, by reason the denial to any citizen who may offer to vote, of right to vote, on account of race, color, or previous 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 courts in 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

in United

courts.

tion of

national

In cities or towns of

inhabi

written

applica

may be instituted in the circuit or district court of the United States of the circuit or district in which such person resides. And the circuit or district court shall have, concurrently with the State courts, jurisdiction thereof, so far as to determine the rights of the parties to such office by reason of the denial of the right guaranteed by the fifteenth article of amendment to the constitution of the United States (§ 1, ante), and secured herein. § 2010, tit. 26, U. S. R. S., 2d ed.

In cities or towns of over 20,000 inhabitants, upon written application of two citizens and in any county or parish upon the similar application of ten citizens, the circuit judge to open the circuit court.

SEC. 581. Whenever, in any city or town having upover 20,000 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 county or 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

citizens

parish up

on the

plication

zeus, the

circuit judge to open the

circuit court.

Proceed

ings for the appointment

voted for, may make known, in writing, to the judge of the circuit court of the United States, for the circuit wherein such city or town, county or parish, is situated, their desire to have such registration, or such election, or both guarded and scrutinized, the judge, within not less than ten days prior to the registration, if one there be, or if no registration be required, within not less than ten days prior to the election, shall open the circuit court at the most convenient point in the circuit. 2011, same tit.

Proceedings for the appointment of supervisors of election. Qualifications of supervisors.

SEC. 582. The court, when so opened by the judge, shall proceed to appoint and commission from day to day of super- and from time to time, and under the hand of the judge, election. and under the seal of the court, for each election district Qualifications of or voting precinct in such city or town, or for such

visors of

supervis

ors.

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

city or town, or of the election district or voting pre-
cinct 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.

be kept

open, etc. Power of

vacation,

chambers.

SEC. 583. The circuit court, when opened by the Courts to judge, as required in the two preceding sections, shall therefrom and thereafter, and up to and including the judge in 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. § 2013, same tit.

District judge may be assigned to act in place of circuit judge.

judge may

signed to

place of

judge.

SEC. 584. Whenever, from any cause, the judge of the District circuit court, in any judicial circuit, is unable to perform be asand discharge the duties herein imposed, he is required act in to select and assign to the performance thereof, in his circuit 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.

ceding

shall be

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. § 2015, same tit.

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