Sec. 1704. Clarification of State responsibility, civil penalties, and private right of action
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/bill/114/s/2814/is/section-1704A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20307 ) is amended to read as follows: The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. In any such action, the only necessary party defendant is the State. It shall not be a defense to such action that local election officials are not also named as defendants. In a civil action brought under subsection (a), if the court finds that the State violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State— in an amount not exceeding $110,000, for a first violation; and in an amount not exceeding $220,000, for any subsequent violation.
Not later than December 31 of each year, the Attorney General shall submit to Congress a report on any civil action brought under subsection
(a)during that year. A person who is aggrieved by a State’s violation of this Act may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this Act. In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney’s fees, including litigation expenses, and costs. . Section 576 of the Military and Overseas Voter Empowerment Act ( 52 U.S.C. 20302 note) is repealed.
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Sec. 1704
Clarification of State responsibility, civil penalties, and private right of action
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