Sec. 111. Relief for violations of voting rights laws

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

In this section, the term prohibited act or practice means— any act or practice— that creates an undue burden on the fundamental right to vote in violation of the 14th Amendment to the Constitution of the United States or violates the Equal Protection Clause of the 14th Amendment to the Constitution of the United States; or that is prohibited by the 15th, 19th, 24th, or 26th Amendment to the Constitution of the United States, section 2004 of the Revised Statutes ( 52 U.S.C. 10101 ), the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ), the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ), the Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ), the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20101 et seq. ), or section 2003 of the Revised Statutes ( 52 U.S.C. 10102 ); and any act or practice in violation of any Federal law that prohibits discrimination with respect to voting, including the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ).

Nothing in this section shall be construed to diminish the authority or scope of authority of any person to bring an action under any Federal law. Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) ) is amended by inserting a provision described in section 111(a)(1) of the John R. Lewis Voting Rights Advancement Act of 2024, after title VI of the Civil Rights Act of 1964, . In any action for equitable relief pursuant to a law listed under subsection (a), proximity of the action to an election shall not be a valid reason to deny such relief, or stay the operation of or vacate the issuance of such relief, unless the party opposing the issuance or continued operation of relief meets the burden of proving by clear and convincing evidence that the issuance of the relief would be so close in time to the election as to cause irreparable harm to the public interest or that compliance with such relief would impose serious burdens on the party opposing relief.

In considering whether to grant, deny, stay, or vacate any order of equitable relief, the court shall give substantial weight to the public’s interest in expanding access to the right to vote. A State’s generalized interest in enforcing its enacted laws shall not be a relevant consideration in determining whether equitable relief is warranted. Where equitable relief is sought either within 30 days of the adoption or reasonable public notice of the challenged policy or practice, or more than 45 days before the date of an election to which the relief being sought will apply, proximity to the election will be presumed not to constitute a harm to the public interest or a burden on the party opposing relief.

In reviewing an application for a stay or vacatur of equitable relief granted pursuant to a law listed in subsection (a), a court shall give substantial weight to the reliance interests of citizens who acted pursuant to such order under review. In fashioning a stay or vacatur, a reviewing court shall not order relief that has the effect of denying or abridging the right to vote of any citizen who has acted in reliance on the order. No stay or vacatur under this subsection shall issue unless the reviewing court makes specific findings that the public interest, including the public’s interest in expanding access to the ballot, will be harmed by the continuing operation of the equitable relief or that compliance with such relief will impose serious burdens on the party seeking such a stay or vacatur such that those burdens substantially outweigh the benefits to the public interest.

In reviewing an application for a stay or vacatur of equitable relief, findings of fact made in issuing the order under review shall not be set aside unless clearly erroneous.

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