§10504 — Title 52 Voting and Elections | U.S. Code

Summary

When the Attorney General thinks a State or local government has put in place or is using a test or other barrier that breaks section 10501, or is denying people the right to vote under sections 10502 or 10503, the Attorney General may file a lawsuit in federal district court under 28 U.S.C. 1391–1393 to ask for a temporary order, a preliminary or permanent injunction, or other relief. A three-judge district court must hear the case under 28 U.S.C. 2284, and any appeal goes to the Supreme Court.

Title 52, §10504

Voting and Elections — Source: USLM XML via OLRC

Whenever the Attorney General has reason to believe that a State or political subdivision (a) has enacted or is seeking to administer any test or device as a prerequisite to voting in violation of the prohibition contained in section 10501 of this title, or (b) undertakes to deny the right to vote in any election in violation of section 10502 or 10503 of this title, he may institute for the United States, or in the name of the United States, an action in a district court of the United States, in accordance with sections 1391 through 1393 11 See References in Text note below. of title 28, for a restraining order, a preliminary or permanent injunction, or such other order as he deems appropriate. An action under this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 and any appeal shall be to the Supreme Court.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 1393 of title 28, referred to in text, was repealed by Pub. L. 100–702, title X, § 1001(a), Nov. 19, 1988, 102 Stat. 4664. Codification Section was formerly classified to section 1973aa–2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title.

Amendments

1975—Pub. L. 94–73 inserted reference to section 1973aa–1a of this title and substituted reference to section 2284 of title 28 for reference to section 2282 of title 28.

§10504 Judicial relief; civil actions by the Attorney General; three-judge district court; appeal to Supreme Court