42-U.S.C.-1973GG-9

§1973Gg-9 – §1973Gg-9. Civil Enforcement and Private Right of Action

Pathway

Title 42 > Chapter 20 > Subchapter I-H > Section 1973gg-9

Details

• Reference: Section 1973gg-9
• Legend: §1973Gg-9 – §1973Gg-9. Civil Enforcement and Private Right of Action
• USCode Year: 2011

Provision Content

(a) Attorney General

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 subchapter.

(b) Private right of action

(1) A person who is aggrieved by a violation of this subchapter 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) Attorneys fees

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) Relation to other laws

(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 subchapter shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).

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

(Pub. L. 103–31, §11, May 20, 1993, 107 Stat. 88.)

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, as amended, which is classified generally to subchapters I–A (§1973 et seq.), I–B (§1973aa et seq.), and I–C (§1973bb et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1971 of this title and Tables.

U.S. Encyclopedia of Law Coverage

42-U.S.C.-1973FF-3 in the Legal Encyclopedia: Elections

In this entry about 42-U.S.C.-1973FF-3, find legal reference material, bibliographies and premiere content related to elections in the American Encyclopedia of Law, presenting a comprehensive view of the United States elections-specific issues, written by authorities in the field.

42-U.S.C.-1973EE-5 in the Legal Encyclopedia: Elective Franchise

In this entry about 42-U.S.C.-1973EE-5, find legal reference material, bibliographies and premiere content related to elective franchise in the American Encyclopedia of Law, presenting a comprehensive view of the United States elective franchise-specific issues, written by authorities in the field.

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