52 U.S.C. § 20105 — Enforcement
submitted 42 years ago by Pub. L. 98-435 to r/title-52-VOTING-AND-ELECTIONS · 127 words · no verdicts yet
The Attorney General or a harmed person can sue a noncompliant state or locality. They must first give the state's election officer 45 days' notice. Courts can't award attorney fees except when enforcing an existing judgment.
(a) Action for declaratory or injunctive relief. If a state or a local government doesn't comply with this chapter, the United States Attorney General, or a person personally hurt by the noncompliance, can sue for a declaratory judgment or an injunction in the right district court.
(b) Prerequisite notice of noncompliance. A suit under this section can only be brought after the person suing tells the state's chief election officer about the noncompliance and then waits 45 days.
(c) Attorney fees. No matter what any other law says, courts can't award attorney fees in a suit under this section — except in a later suit brought to enforce the original judgment from the case.
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.
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.
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.
Source credit: (Pub. L. 98–435, § 6, Sept. 28, 1984, 98 Stat. 1679.)
- 1984Enacted · Pub. L. 98-435 · 98 Stat. 1679
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-435 on 1984-09-28.
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