§20105 — Title 52 Voting and Elections | U.S. Code

Summary

The U.S. Attorney General or a person who was personally harmed can sue a State or local government in federal court to get a court order or a ruling when the government does not follow the law. The person must tell the State’s chief election officer about the problem and wait 45 days before suing. Courts cannot award attorney fees in these cases, except when the case is to enforce the court’s original judgment.

Title 52, §20105

Voting and Elections — Source: USLM XML via OLRC

(a)If a State or political subdivision does not comply with this chapter, the United States Attorney General or a person who is personally aggrieved by the noncompliance may bring an action for declaratory or injunctive relief in the appropriate district court.

(b)An action may be brought under this section only if the plaintiff notifies the chief election officer of the State of the noncompliance and a period of 45 days has elapsed since the date of notification.

(c)Notwithstanding any other provision of law, no award of attorney fees may be made with respect to an action under this section, except in any action brought to enforce the original judgment of the court.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 1973ee–4 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98–435, set out as a note under section 20101 of this title.

§20105 Enforcement