Sec. 3402. Judicial review
379 words·~2 min read·
/bill/117/s/2747/pcs/section-3402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An action challenging a violation of the rights created by this subtitle may be brought in the district court for the District of Columbia, or the district court for the district in which the violation took place or where any defendant resides or does business, at the selection of the plaintiff, to obtain all appropriate relief, whether declaratory or injunctive, or facial or as-applied. Process may be served in any district where a defendant resides, does business, or may be found.
In a civil action under this section, the following shall apply: A plaintiff establishes a prima facie case of retrogression under section 4401(b) by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action diminishes the ability, or otherwise makes it more difficult, to vote. Once a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the diminishment is necessary to significantly further an important, particularized governmental interest.
If the government meets its burden under subparagraph (B), the challenged rule, standard, practice, procedure, or other governmental action shall nonetheless be deemed invalid if the plaintiff demonstrates by a preponderance of the evidence that the government could adopt or implement a less-restrictive means of furthering the particular important governmental interest. A plaintiff establishes a prima facie case of substantial impairment under section 4401(c) by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action substantially impairs the ability, or makes it substantially difficult, to vote.
Once a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the impairment significantly furthers an important, particularized governmental interest. It shall be the duty of the court to advance on the docket and to expedite to the greatest reasonable extent the disposition of the action and appeal under this section. Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) ) is amended— by striking or section 40302 and inserting section 40302 ; and by striking , the court and inserting , or section 4402(a) of the .
Freedom to Vote Act , the court
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