Title 42 - The Public Health And Welfare Chapter 20 - Elective Franchise Subchapter Ii - Federal Election Records

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1971 of this title.

Sec. 1974 Retention and preservation of records and papers by officers of elections; deposit with custodian; penalty for violation

Every officer of election shall retain and preserve, for a period of twenty-two months from the date of any general, special, or primary election of which candidates for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Resident Commissioner from the Commonwealth of Puerto Rico are voted for, all records and papers which come into his possession relating to any application, registration, payment of poll tax, or other act requisite to voting in such election, except that, when required by law, such records and papers may be delivered to another officer of election and except that, if a State or the Commonwealth of Puerto Rico designates a custodian to retain and preserve these records and papers at a specified place, then such records and papers may be deposited with such custodian, and the duty to retain and preserve any record or paper so deposited shall devolve upon such custodian. Any officer of election or custodian who willfully fails to comply with this section shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(Pub. L. 86-449, title III, Sec. 301, May 6, 1960, 74 Stat. 88.)

SHORT TITLE

Section 1 of Pub. L. 86-449 provided that: "This Act (enacting this subchapter and sections 837, 1074, and 1609 of Title 18, Crimes and Criminal Procedure, and amending section 1971 of this title and sections 241 and 640 of Title 20, Education) may be cited as the 'Civil Rights Act of 1960'."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1974a, 1974b of this title.

Sec. 1974a Theft, destruction, concealment, mutilation, or alteration of records or papers; penalties

Any person, whether or not an officer of election or custodian, who willfully steals, destroys, conceals, mutilates, or alters any record or paper required by section 1974 of this title to be retained and preserved shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(Pub. L. 86-449, title III, Sec. 302, May 6, 1960, 74 Stat. 88.)

Sec. 1974b Demand for records or papers by Attorney General or representative; statement of basis and purpose

Any record or paper required by section 1974 of this title to be retained and preserved shall, upon demand in writing by the Attorney General or his representative directed to the person having custody, possession, or control of such record or paper, be made available for inspection, reproduction, and copying at the principal office of such custodian by the Attorney General or his representative. This demand shall contain a statement of the basis and the purpose therefor.

(Pub. L. 86-449, title III, Sec. 303, May 6, 1960, 74 Stat. 88.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1974d of this title.

Sec. 1974c Disclosure of records or papers

Unless otherwise ordered by a court of the United States, neither the Attorney General nor any employee of the Department of Justice, nor any other representative of the Attorney General, shall disclose any record or paper produced pursuant to this subchapter, or any reproduction or copy, except to Congress and any committee thereof, governmental agencies, and in the presentation of any case or proceeding before any court or grand jury.

(Pub. L. 86-449, title III, Sec. 304, May 6, 1960, 74 Stat. 88.)

Sec. 1974d Jurisdiction to compel production of records or papers

The United States district court for the district in which a demand is made pursuant to section 1974b of this title, or in which a record or paper so demanded is located, shall have jurisdiction by appropriate process to compel the production of such record or paper.

(Pub. L. 86-449, title III, Sec. 305, May 6, 1960, 74 Stat. 88.)

Sec. 1974e "Officer of election" defined

As used in this subchapter, the term "officer of election" means any person who, under color of any Federal, State, Commonwealth, or local law, statute, ordinance, regulation, authority, custom, or usage, performs or is authorized to perform any function, duty, or task in connection with any application, registration, payment of poll tax, or other act requisite to voting in any general, special, or primary election at which votes are cast for candidates for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Resident Commissioner from the Commonwealth of Puerto Rico.

(Pub. L. 86-449, title III, Sec. 306, May 6, 1960, 74 Stat. 88.)

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Notes:

The information provided on this page was obtained from the World Wide Web site maintained by the United States House of Representatives. It has been reformatted for the convenience of the users but not changed. Please inform us if you discover any errors or omissions.

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Updated August 6, 2015

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