Sec. 10. Preventive relief
480 words·~2 min read·
/bill/117/hr/4/eh/section-10A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 12(d) of the Voting Rights Act of 1965 ( 52 U.S.C. 10308(d) ), as amended by section 9, is further amended by adding at the end the following: In considering any motion for preliminary relief in any action for preventive relief described in this subsection, the court shall grant the relief if the court determines that the complainant has raised a serious question as to whether the challenged voting qualification or prerequisite to voting or standard, practice, or procedure violates this Act or the Constitution and, on balance, the hardship imposed on the defendant by the grant of the relief will be less than the hardship which would be imposed on the plaintiff if the relief were not granted.
In making its determination under this paragraph with respect to a change in any voting qualification, prerequisite to voting, or standard, practice, or procedure with respect to voting, the court shall consider all relevant factors and give due weight to the following factors, if they are present: Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change was adopted as a remedy for a Federal court judgment, consent decree, or admission regarding— discrimination on the basis of race or color in violation of the 14th or 15th Amendment; a violation of the 19th, 24th, or 26th Amendments; a violation of this Act; or voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law.
Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging— discrimination on the basis of race or color in violation of the 14th or 15th Amendment; a violation of the 19th, 24th, or 26th Amendment; a violation of this Act; or voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law.
Whether the change was adopted fewer than 180 days before the date of the election with respect to which the change is to take or takes effect. Whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable Federal or State law. A jurisdiction’s inability to enforce its voting or election laws, regulations, policies, or redistricting plans, standing alone, shall not be deemed to constitute irreparable harm to the public interest or to the interests of a defendant in an action arising under the Constitution or any Federal law that prohibits discrimination on the basis of race, color, or membership in a language minority group in the voting process, for the purposes of determining whether a stay of a court’s order or an interlocutory appeal under section 1253 of title 28, United States Code, is warranted. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 10
Preventive relief
Cites 1Cited by 0 across 0 sources