Title VIII vests discretionary investigative and harassment powers in the executive branch of the General Government. The first portions of title I read as follows: SEC. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971). as amended by section 131 of the Civil Rights Act of 1957 (71 Stat. 637). and as further amended by section 601 of the Civil Rights Act of 1960 (74 Stat. 90). is further amended as follows: (a) Insert "1" after "(a)" in subsection (a) and add at the end of subsection (a) the following new paragraphs: "(2) No person acting under color of law shall"(A) in determining whether any individual is qualified under State law or laws to vote in any Federal election. apply any standard. practice. or procedure different from the standards. practices. or procedures applied under such law or laws to other individuals within the same county. parish. or similar political subdivision who have been found by State officials to be qualified to vote. "(B) deny the right of any individual to vote in any Federal election because of an error or omission of such individual on any record or paper relating to any application. registration. payment of poll tax. or 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 (1) such test is administered to each individual wholly in writing except where an individual requests and State law authorizes a test other than in writing. and (it) a certified copy of the test whether written or oral and of the answers given by the individual is furnished to him within twentyfive days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 (42 U.S.C. 197474e. 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 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 (c) the following new sentence: "If in any such proceeding literacy is a relevant fact there shall be a rebuttable presumption that any person who has not been adjudged an incompetent and who has completed the sixth grade in a public school in. or a private school accredited by. any State or territory. the District of Columbia. or the Commonwealth of Puerto Rico where instruction is carried on predominantly in the English language. possesses sufficient literacy. comprehension. and intelligence to vote in any Federal election." (c) Add the following subsection "(f)" and designate the present subsection "(f)" as subsection "(g)": "(f) When used in subsections (a) or (c) of this section. the words Federal election shall mean any general. special. or primary election held solely or in part for the purpose of electing or selecting any candidate for the office of President. Vice President. presidential elector. Member of the Senate. or Member of the House of Representatives." Under these provisions.
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