§20510 — Title 52 Voting and Elections | U.S. Code

Summary

The Attorney General can go to federal court to ask a judge to say what the rights are or to order actions needed to enforce this chapter. A person who is harmed by a violation can first send a written notice to the state’s chief election official. If the problem is not fixed within 90 days after the notice, or within 20 days when the violation happens within 120 days before a federal election, that person may sue in federal court. If the violation happens within 30 days before a federal election, no prior notice is needed to sue. If someone wins a suit (except the United States), the court may make the loser pay reasonable lawyer fees, costs, and litigation expenses. These enforcement rights are extra to any other legal rights. Nothing here overrides the Voting Rights Act or allows actions that the Voting Rights Act bans.

Title 52, §20510

Voting and Elections — Source: USLM XML via OLRC

(a)The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this chapter.

(b)(1)A person who is aggrieved by a violation of this chapter may provide written notice of the violation to the chief election official of the State involved.

(2)If the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation.

(3)If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action under paragraph (2).

(c)In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs.

(d)(1)The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this chapter shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.].

(2)Nothing in this chapter authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.].

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Voting Rights Act of 1965, referred to in subsec. (d), is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437, which is classified generally to chapters 103 (§ 10301 et seq.), 105 (§ 10501 et seq.), and 107 (§ 10701 et seq.) of this title. For complete classification of this Act to the Code, see Tables. Codification Section was formerly classified to section 1973gg–9 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§20510 Civil Enforcement and Private Right of Action

Summary

Title 52, §20510

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata