Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§1344 Election disputes
Title 28 › Part PART IV— - JURISDICTION AND VENUE › Chapter CHAPTER 85— - DISTRICT COURTS; JURISDICTION › § 1344
Summary
Federal district courts must hear civil suits to get back an office when the only issue is that a person was denied the right to vote because of race, color, or previous condition of servitude. It does not apply to presidential electors, members or delegates of Congress, or state legislators.
Full Legal Text
Title 28, §1344
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
The district courts shall have original jurisdiction of any civil action to recover possession of any office, except that of elector of President or Vice President, United States Senator, Representative in or delegate to Congress, or member of a state legislature, authorized by law to be commenced, where in it appears that the sole question touching the title to office arises out of denial of the right to vote, to any citizen offering to vote, on account of race, color or previous condition of servitude. The jurisdiction under this section shall extend only so far as to determine the rights of the parties to office by reason of the denial of the right, guaranteed by the Constitution of the United States and secured by any law, to enforce the right of citizens of the United States to vote in all the States.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 41(15) (Mar. 3, 1911, ch. 231, § 24, par. 15, 36 Stat. 1092). Words “civil action” were substituted for “suits,” in view of Rule 2 of the Federal Rules of Civil Procedure. Words “United States Senator” were added, as no reason appears for including Representatives and excluding Senators. Moreover, the Seventeenth amendment, providing for the popular election of Senators, was adopted after the passage of the 1911 law on which this section is based. Changes were made in phraseology.
Reference
Citations & Metadata
Citation
28 U.S.C. § 1344
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73