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Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§1344 Election Disputes

Title 28 › Part IV— JURISDICTION AND VENUE › Chapter 85— DISTRICT COURTS; JURISDICTION › § 1344

Last updated Apr 5, 2026|Official source

Summary

District courts can hear civil cases to get back an office only when the only question is that a citizen trying to vote was denied the right to vote because of race, color, or previous condition of servitude. That rule does not cover presidential electors, members of Congress, or state legislators, and the courts may only decide who holds the office as it relates to that voting denial under the Constitution and federal law in all States.

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 5, 2026

Release point: 119-73not60