PRIA, Government Policy, Made Personal

Summary

The U.S. Attorney General or any person who is directly harmed by a State or local government's failure to follow this chapter may sue in federal district court to get a court ruling or an order making the government stop or fix the problem. Before suing, the person must tell the state's chief election officer and wait 45 days after that notice. Courts may not award attorney fees in these suits, except when the suit is to enforce the court’s original judgment.

Title 52, §20105

Voting and Elections, Source: USLM XML via OLRC

(a)Action for declaratory or injunctive relief

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)Prerequisite notice of noncompliance

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)Attorney fees

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