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Code · BILL · 117th Congress · H.R. 8873 (Received in Senate) — To amend title 3, United States Code, to reform the process for the counting of electoral votes, and for other purposes. · Sec. 11

Sec. 11. Protection of tabulation and certification

291 words·~1 min read·/bill/117/hr/8873/rds/section-11·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

With respect to an election for the office of President, Vice President, or presidential elector, no person acting under color of law shall willfully fail or refuse to— tabulate, count, or report any vote that is timely cast and is otherwise valid under applicable State and Federal law; or certify the aggregate tabulations of such votes or certify the election of the candidates receiving sufficient such votes to be elected to office. Any candidate for President, Vice President, or presidential elector who appears on the ballot in a State who is aggrieved by a violation of subsection
(a)may file an action for such declaratory and injunctive relief as may be appropriate in the district court of the United States for the judicial district in which the capital of the State is located. An action described under this subsection shall be heard and determined by a court of 3 judges convened pursuant to section 2284 of title 28, United States Code, except that subsection (b)(2) of such section shall not apply to any such action, and any determination with respect to such an action shall be reviewable only by appeal directly to the Supreme Court of the United States. It shall be the duty of the district court described in this subsection and the Supreme Court of the United States to advance on the docket and to expedite to the greatest extent possible the disposition of any action or appeal under this subsection. Nothing in this section may be construed to preempt any action conducted pursuant to State law duly enacted prior to the day fixed by section 1 of title 3, United States Code, or affect the right of any person to bring an action under any other Federal law.
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