52 U.S.C. § 20510 — Civil enforcement and private right of action
submitted 33 years ago by Pub. L. 103-31 to r/title-52-VOTING-AND-ELECTIONS · 302 words · no verdicts yet
The Attorney General can sue a state in federal court to enforce this voter registration law. A person harmed by a violation can also sue, but first must give the state's election official written notice and time to fix it, except right before an election, when they can sue immediately. The winning side, other than the U.S., can get attorney's fees, and none of this overrides the Voting Rights Act.
(a) Attorney General. The Attorney General may bring a civil lawsuit in an appropriate federal district court for whatever declaratory or injunctive relief is needed to enforce this chapter.
(b) Private right of action.
(1) Someone harmed by a violation of this chapter may give the state's chief election* official written notice of the violation.
(2) If the violation isn't fixed within 90 days of that notice, or within 20 days if the violation happened within 120 days of a federal election, the harmed person may sue in federal district court for declaratory or injunctive relief.
(3) If the violation happened within 30 days of a federal election, the harmed person doesn't have to give notice first before suing.
(c) Attorney's fees. In a lawsuit under this section, the court may award the winning side, other than the United States, reasonable attorney's fees, litigation expenses, and costs.
(d) Relation to other laws.
(1) The rights and remedies in this section add to, rather than replace, all other legal rights and remedies. Neither this section nor anything else in this chapter overrides, limits, or restricts the Voting Rights Act of 1965.
(2) Nothing in this chapter authorizes or requires anything the Voting Rights Act of 1965 prohibits.
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.
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.
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.
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).
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.
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.].
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.].
Source credit: (Pub. L. 103–31, § 11, May 20, 1993, 107 Stat. 88.)
- 1993Enacted · Pub. L. 103-31 · 107 Stat. 88
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-31 on 1993-05-20.
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