PRIA, Government Policy, Made Personal

Summary

Criminal contempt cases tied to chapters 103–107 must follow the rules in 42 U.S.C. 1995. Only the U.S. District Court for the District of Columbia can issue declaratory judgments under sections 10303 or 10304, or can stop (by restraining order or temporary or permanent injunction) the enforcement or carrying out of those chapters or actions by federal officers or employees. In those declaratory cases, subpoenas for witnesses who must appear in the D.C. court can be served anywhere in the United States, but a subpoena for a witness more than 100 miles from the court needs the court’s permission first. The law also defines a few terms: “vote” or “voting” means all steps needed to make a vote count (like registration, listing, casting, and counting ballots); “political subdivision” means a county or parish or the local unit that runs voter registration when counties do not; and “language minorities” means American Indian, Asian American, Alaska Natives, or persons of Spanish heritage. In lawsuits to enforce the voting rights of the Fourteenth or Fifteenth Amendments, a judge may award the winning party (but not the United States) reasonable lawyer fees, expert fees, and other court costs.

Title 52, §10310

Voting and Elections, Source: USLM XML via OLRC

(a)Criminal contempt

All cases of criminal contempt arising under the provisions of chapters 103 to 107 of this title shall be governed by section 1995 of title 42.

(b)Jurisdiction of courts for declaratory judgment, restraining orders, or temporary or permanent injunction

No court other than the District Court for the District of Columbia shall have jurisdiction to issue any declaratory judgment pursuant to section 10303 or 10304 of this title or any restraining order or temporary or permanent injunction against the execution or enforcement of any provision of chapters 103 to 107 of this title or any action of any Federal officer or employee pursuant hereto.

(c)Definitions

(1)The terms “vote” or “voting” shall include all action necessary to make a vote effective in any primary, special, or general election, including, but not limited to, registration, listing pursuant to this chapter, or other action required by law prerequisite to voting, casting a ballot, and having such ballot counted properly and included in the appropriate totals of votes cast with respect to candidates for public or party office and propositions for which votes are received in an election.

(2)The term “political subdivision” shall mean any county or parish, except that where registration for voting is not conducted under the supervision of a county or parish, the term shall include any other subdivision of a State which conducts registration for voting.

(3)The term “language minorities” or “language minority group” means persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage.

(d)Subpenas

In any action for a declaratory judgment brought pursuant to section 10303 or 10304 of this title, subpenas for witnesses who are required to attend the District Court for the District of Columbia may be served in any judicial district of the United States: Provided, That no writ of subpena shall issue for witnesses without the District of Columbia at a greater distance than one hundred miles from the place of holding court without the permission of the District Court for the District of Columbia being first had upon proper application and cause shown.

(e)Attorney’s fees

In any action or proceeding to enforce the voting guarantees of the fourteenth or fifteenth amendment, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, reasonable expert fees, and other reasonable litigation expenses as part of the costs.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 1973l of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2006—Subsec. (b). Pub. L. 109–246, § 3(e)(3), struck out “or a court of appeals in any proceeding under section 1973g of this title” after “District of Columbia”. Subsec. (e). Pub. L. 109–246, § 6, inserted “, reasonable expert fees, and other reasonable litigation expenses” after “reasonable attorney’s fee”. 1975—Subsec. (c)(3). Pub. L. 94–73, § 207, added par. (3). Subsec. (e). Pub. L. 94–73, § 402, added subsec. (e).

§10310 Enforcement Proceedings

Summary

Title 52, §10310

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata