Page:United States Statutes at Large Volume 96 Part 1.djvu/174

 96 STAT. 132

42 USC 1973c.

PUBLIC LAW 97-205—JUNE 29, 1982 been entered into resulting in any abandonment of a voting practice challenged on such grounds; and no declaratory judgment under this section shall be entered during the pendency of an action commenced before the filing of an action under this section and alleging such denials or abridgements of the right to vote; "(C) no Federal examiners under this Act have been assigned to such State or political subdivision; "(D) such State or political subdivision and all governmental units within its territory have complied with section 5 of this Act, including compliance with the requirement that no change covered by section 5 has been enforced without preclearance under section 5, and have repealed all changes covered by section 5 to which the Attorney General has successfully objected or as to which the United States District Court for the District of Columbia has denied a declaratory judgment; "(E) the Attorney General has not interposed any objection (that has not been overturned by a final judgment of a court) and no declaratory judgment has been denied under section 5, with respect to any submission by or on behalf of the plaintiff or any governmental unit within its territory under section 5, and no such submissions or declaratory judgment actions are pending; and "(F) such State or political subdivision and all governmental units within its territory— "(i) have eliminated voting procedures and methods of election which inhibit or dilute equal access to the electoral process; "(ii) have engaged in constructive efforts to eliminate intimidation and harassment of persons exercising rights protected under this Act; and "(iii) have engaged in other constructive efforts, such as expanded opportunity for convenient registration and voting for every person of voting age and the appointment of minority persons as election officials throughout the jurisdiction and at all stages of the election and registration process. "(2) To assist the court in determining whether to issue a declaratory judgment under this subsection, the plaintiff shall present evidence of minority participation, including evidence of the levels of minority group registration and voting, changes in such levels over time, and disparities between minority-group and non-minority-group participation. "(3) No declaratory judgment shall issue under this subsection with respect to such State or political subdivision if such plaintiff and governmental units within its territory have, during the period beginning ten years before the date the judgment is issued, engaged in violations of any provision of the Constitution or laws of the United States or any State or political subdivision with respect to discrimination in voting on account of race or color or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (fK2) unless the plaintiff establishes that any such violations were trivial, were promptly corrected, and were not repeated. "(4) The State or political subdivision bringing such action shall publicize the intended commencement and any proposed settlement

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