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Title 52 — Voting and Elections

Chapter 103 — Enforcement of Voting Rights

§ 10310. Enforcement proceedings

Statutory text

(a)

Criminal contempt

All cases of criminal contempt arising under the provisions of chapters 103 to 107 of this title shall be governed by section 1995 of title 42.

(b)

Jurisdiction of courts for declaratory judgment, restraining orders, or temporary or permanent injunction

No court other than the District Court for the District of Columbia shall have jurisdiction to issue any declaratory judgment pursuant to section 10303 or 10304 of this title or any restraining order or temporary or permanent injunction against the execution or enforcement of any provision of chapters 103 to 107 of this title or any action of any Federal officer or employee pursuant hereto.

(c)

Definitions

(1)

The terms “vote” or “voting” shall include all action necessary to make a vote effective in any primary, special, or general election, including, but not limited to, registration, listing pursuant to this chapter, or other action required by law prerequisite to voting, casting a ballot, and having such ballot counted properly and included in the appropriate totals of votes cast with respect to candidates for public or party office and propositions for which votes are received in an election.

(2)

The term “political subdivision” shall mean any county or parish, except that where registration for voting is not conducted under the supervision of a county or parish, the term shall include any other subdivision of a State which conducts registration for voting.

(3)

The term “language minorities” or “language minority group” means persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage.

(d)

Subpenas

In any action for a declaratory judgment brought pursuant to section 10303 or 10304 of this title, subpenas for witnesses who are required to attend the District Court for the District of Columbia may be served in any judicial district of the United States: Provided, That no writ of subpena shall issue for witnesses without the District of Columbia at a greater distance than one hundred miles from the place of holding court without the permission of the District Court for the District of Columbia being first had upon proper application and cause shown.

(e)

Attorney’s fees

In any action or proceeding to enforce the voting guarantees of the fourteenth or fifteenth amendment, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, reasonable expert fees, and other reasonable litigation expenses as part of the costs.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Voting Rights Act of 1965

    Pub. L. 89–110 title I § 14 · 79 Stat. 437

    Enacted · 52 U.S.C. § 10310

    Pub. L. 89–110, title I, § 14, Aug. 6, 1965, 79 Stat. 445

    Source evidence

    Code source credit
    Pub. L. 89–110, title I, § 14, Aug. 6, 1965, 79 Stat. 445

    Enacted provision · exact public law section
    Sec. 14. (a) All cases of criminal contempt arising under the provisions Criminal contempt proceedings. 71 Stat. 638. of this Act shall be governed by section 151 of the Civil Rights Act of 1957 (42 U.S.C, 1995). (b) No court other than the District Court for the District of Columbia or a court of appeals in any proceeding under section 9 shall have jurisdiction to issue any declaratory judgment, pursuant to section 4 or section 5 or any restraining order or temporary or permanent injunction against the execution or enforcement of any provision of this Act or any action of any Federal officer or employee pursuant hereto. (c) (1) The terms “vote” or “voting” shall include all action necessary •Voter” or “voting.” to make a vote effective in any primary, special, or general election, including, but not limited to, registration, listing pursuant to this Act, or other action required by law prerequisite to voting, casting a ballot, and having such ballot counted properly and included in the appropriate totals of votes cast with respect to candidates for public or party office and propositions for which votes are received in an election. (2) The term “political subdivision” shall mean any county or “Political subdivision.” parish, except that where registration for voting is not conducted under the supervision of a county or parish, the term shall include any other subdivision of a State which conducts registration for voting. (d) In any action for a declaratory judgment brought pursuant Subpenas. to section 4 or section 5 of this Act, subpenas for witnesses who are required to attend the District Court, for the District of Columbia may be served in any judicial district, of the United States: Provided, That no writ of subpena shall issue for witnesses without the District of Columbia at a greater distance than one hundred miles from the place of holding court without the permission of the District Court for the District of Columbia being first had upon proper application and cause shown.

  2. Pub. L. 94–73 § 207 · 89 Stat. 400

    Added · 52 U.S.C. § 10310(c)(3)

    Pub. L. 94–73, § 207, added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 94–73, § 207, added par. (3).

    Enacted provision · exact public law section
    Sec. 207. Section 14(c) is amended by adding at the end the following new paragraph: “(3) The term ‘language minorities’ or ‘language minority group’ means persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage,”.

  3. Pub. L. 94–73 § 402 · 89 Stat. 400

    Added · 52 U.S.C. § 10310(e)

    Pub. L. 94–73, § 402, added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 94–73, § 402, added subsec. (e).

    Enacted provision · exact public law section
    Sec. 402. Section 14 of the Voting Rights Act of 1965 is amended by adding at the end thereof the following new subsection: “(e) In any action or proceeding to enforce the voting guarantees of the fourteenth or fifteenth amendment, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part, of the costs.”.

  4. Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006

    Pub. L. 109–246 § 3(e)(3) · 120 Stat. 577

    Struck · 52 U.S.C. § 10310(b)

    Pub. L. 109–246, § 3(e)(3), struck out “or a court of appeals in any proceeding under section 1973g of this title” after “District of Columbia”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–246, § 3(e)(3), struck out “or a court of appeals in any proceeding under section 1973g of this title” after “District of Columbia”.

    Enacted provision · exact public law section
    (3) Section 14(b) of the Voting Rights Act of 1965 (42 U.S.C. 1973l(b)) is amended by striking “or a court of appeals in any proceeding under section 9”.

  5. Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006

    Pub. L. 109–246 § 6 · 120 Stat. 577

    Inserted · 52 U.S.C. § 10310(e)

    Pub. L. 109–246, § 6, inserted “, reasonable expert fees, and other reasonable litigation expenses” after “reasonable attorney’s fee”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–246, § 6, inserted “, reasonable expert fees, and other reasonable litigation expenses” after “reasonable attorney’s fee”.

    Enacted provision · exact public law section
    SEC. 6. EXPERT FEES AND OTHER REASONABLE COSTS OF LITIGATION.   Section 14(e) of the Voting Rights Act of 1965 (42 U.S.C. 1973l(e)) is amended by inserting “, reasonable expert fees, and other reasonable litigation expenses” after “reasonable attorney’s fee”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Codification

Section was formerly classified to section 1973l of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments1975–2006 · 2 rounds

2006

Subsec. (b). Pub. L. 109–246, § 3(e)(3), struck out “or a court of appeals in any proceeding under section 1973g of this title” after “District of Columbia”.

Subsec. (e). Pub. L. 109–246, § 6, inserted “, reasonable expert fees, and other reasonable litigation expenses” after “reasonable attorney’s fee”.

1975

Subsec. (c)(3). Pub. L. 94–73, § 207, added par. (3).

Subsec. (e). Pub. L. 94–73, § 402, added subsec. (e).

Credits

1965–2006 · 4 acts
  1. 1965Pub. L. 89–110, title I, § 14, , 79 Stat. 445
  2. 1970renumbered title I, Pub. L. 91–285, § 2, , 84 Stat. 314
  3. 1975amended Pub. L. 94–73, title II, § 207, title IV, § 402, , 89 Stat. 402, 404
  4. 2006Pub. L. 109–246, §§ 3(e)(3), 6, , 120 Stat. 580, 581.
Show as published

(Pub. L. 89–110, title I, § 14, , 79 Stat. 445; renumbered title I, Pub. L. 91–285, § 2, , 84 Stat. 314; amended Pub. L. 94–73, title II, § 207, title IV, § 402, , 89 Stat. 402, 404; Pub. L. 109–246, §§ 3(e)(3), 6, , 120 Stat. 580, 581.)

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