52 U.S.C. § 30110 — Judicial review
submitted 52 years ago by Pub. L. 92-225 to r/title-52-VOTING-AND-ELECTIONS · 87 words · no verdicts yet
The Commission, a political party, or an eligible voter can challenge this Act's constitutionality in court. They sue in a federal district court. That court must send the constitutional question to the full court of appeals.
The Federal Election Commission, the national committee of any political party, or any person eligible to vote for President can bring a lawsuit — including a request for a declaratory judgment — in the right federal district court. The point of the lawsuit must be to test whether some part of this Act is constitutional. As soon as the district court gets such a case, it must immediately send all the constitutional questions to the United States court of appeals for that circuit. The full court of appeals, sitting en banc — meaning all its judges together instead of just a panel — must then hear the matter.
The Commission, the national committee of any political party, or any individual eligible to vote in any election for the office of President may institute such actions in the appropriate district court of the United States, including actions for declaratory judgment, as may be appropriate to construe the constitutionality of any provision of this Act. The district court immediately shall certify all questions of constitutionality of this Act to the United States court of appeals for the circuit involved, which shall hear the matter sitting en banc.
Source credit: (Pub. L. 92–225, title III, § 310, formerly § 315, as added Pub. L. 93–443, title II, § 208(a), Oct. 15, 1974, 88 Stat. 1285; renumbered § 314 and amended Pub. L. 94–283, title I, §§ 105, 115(e), May 11, 1976, 90 Stat. 481, 496; renumbered § 310 and amended Pub. L. 96–187, title I, §§ 105(4), 112(c), Jan. 8, 1980, 93 Stat. 1354, 1366; Pub. L. 98–620, title IV, § 402(1)(B), Nov. 8, 1984, 98 Stat. 3357; Pub. L. 100–352, § 6(a), June 27, 1988, 102 Stat. 663.)
- 1974Enacted · Pub. L. 92-225 · 88 Stat. 1285
- 1976Amended · Pub. L. 94-283 · 90 Stat. 481, 496
- 1980Amended · Pub. L. 96-187 · 93 Stat. 1354, 1366
- 1984Amended · Pub. L. 98-620 · 98 Stat. 3357
- 1988Amended · Pub. L. 100-352 · 102 Stat. 663
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-225 on 1974-10-15.
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