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other act requisite to voting, if such error or omission is

not material in determining whether such individual is

qualified under State law to vote in such election; or

"(C) employ any literacy test as a qualification for voting in any Federal election unless (i) such test is administered to each individual wholly in writing and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty five days of the submission of his written request made within the period of time during which records and papers are required to be retained and preserved pursuant to title II of the Civil Rights Act of 1960

(42 U.S.C. 1974-740; 74 Stat. 88).

"(3) For purposes of this subsection

"(A) the term 'vote' shall have the same meaning as in subsection (e) of this section;

"(B) the words Federal election' shall have the same meaning as in subsection (f) of this section; and

"(C) the phrase literacy test' includes any test

of the ability to read, write, understand, or interpret any matter."

(b) Insert immediately following the period at the end

of the first sentence of subsection (e) the following new

sentence: "If in any such proceeding literacy is a relevant faet it shall be presumed that any person who has not been

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1 adjudged an incompetent and who has completed the sixth 2 grade in a public school in, or a private school accredited 3 by, any State or territory or the District of Columbia where 4 instruction is carried on predominantly in the English lan5 guage, possesses sufficient literacy, comprehension, and intelligence to vote in any Federal election as defined in 7 subsection (f) of this section."

(e) Add the following subsection “(f)" and designate the present subsection "(f)" as subsection "(g)":

"(f) Whenever in any proceeding instituted pursuant to subsection (e) the complaint requests a finding of a pattern or practice pursuant to subsection (e), and such com

plaint, or a motion filed within twenty days after the effective

date of this Act in the ease of any proceeding which is pending before a district court on such effective date, (1) is

signed by the Attorney General for in his absence the Aet

ing Attorney General), and (2) alleges that in the affected

area fewer than 15 per centum of the total number of voting

age persons of the same race as the persons alleged in the

complaint to have been discriminated against are registered

for otherwise recorded as qualified to vote), any person resident within the affected area who is of the same race

as the persons alleged to have been discriminated against shall be entitled, upon his application therefor, to an order

declaring him qualified to vote, upon proof that at any elee

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1 tion or elections (1) he is qualified under State law to vote, 2 and (2) he has since the filing of the proceeding under sub3 section (e) been (A) deprived of or denied under color of 4 law the opportunity to register to vote or otherwise to 5 qualify to vote, or (B) found not qualified to vote by any person acting under color of law. Such order shall be 7 effective as to any Federal or State election held within the

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longest period for which such applicant could have been

registered or otherwise qualified under State law at which 10 the applicant's qualifications would under State law entitle 11 him to vote: Provided, That in the event it is determined

upon final disposition of the proceeding, including any review, that no pattern or practice of deprivation of any right

secured by subsection (a) exists, the order shall thereafter no longer qualify the applicant to vote in any subsequent election.

"Notwithstanding any inconsistent provision of State law or the action of any State officer or court, an applicant

so declared qualified to vote shall be permitted to vote as

provided herein. The Attorney General shall cause to be

transmitted certified copies of any order declaring a person qualified to vote to the appropriate election officers. The refusal by any such officer with notice of such order to permit

any person so qualified to vote at an appropriate election

shall constitute eontempt of court.

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"An application for an order pursuant to this subsection 2 shall be heard within ten days, and the execution of any order 3 disposing of such application shall not be stayed if the effect 4 of such stay would be to delay the effectiveness of the order 5 beyond the date of any election at which the applicant would 6 otherwise be enabled to vote.

7 "The court may appoint one or more persons, to be 8 known as temporary voting referees, to receive applications 9 pursuant to this subsection and to take evidence and report to the court findings as to whether at any election or elections (1) any applicant entitled under this subsection to apply for

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an order declaring him qualified to vote is qualified under

State law to vote, and (2) he has since the filing of the

proceeding under subsection (e) been (A) deprived of or

denied under color of law the opportunity to register to vote

or otherwise to qualify to vote, or (B) found not qualified

to vote by any person acting under color of law. The proeedure for processing applications under this subsection and

for the entry of orders shall be the same as that provided for

in the fourth and fifth paragraphs of subsection (e).

"In appointing a temporary voting referee the court shall make its selection from a panel provided by the judicial

conference of the eircuit. Any temporary voting referee

shall be a resident and a qualified voter of the State in

which he is to serve. He shall subscribe to the oath of office

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1 required by section 1757 of the Revised Statutes (5 U.S.C. 2 16), and shall to the extent not inconsistent herewith have 3 all the powers conferred upon a master by rule 53 (e) of the 4 Federal Rules of Civil Procedure. The compensation to be allowed any persons appointed by the district court pursuant to this subsection shall be fixed by the court and shall be 7 payable by the United States. In the event that the district 8 court shall appoint a retired officer or employee of the United 9 States to serve as a temporary voting referee, such officer or 10 employee shall continue to receive, in addition to any com11 pensation for services rendered pursuant to this subsection, all 12 retirement benefits to which he may otherwise be entitled. 13 "The court or temporary voting referee shall entertain 14 applications and the court shall issue orders pursuant to this 15 subsection until final disposition of the proceeding under sub16 section (e), including any review, or until the finding of a 17 pattern or practice pursuant to subsection (e), whichever 18 shall first occur. Applications pursuant to this subsection 19 shall be determined expeditiously, and this subsection shall 20 in no way be construed as a limitation upon the existing powers of the court.

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"When used in this subsection, the words Federal elee23 tion' shall mean any general, special, or primary election 24 held solely or in part for the purpose of electing or selecting

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any candidate for the office of President, Vice President,