§ 1344. Election disputes

241 words·~1 min read·/usc/title-28/section-1344

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

The district courts shall have original jurisdiction of any civil action to recover possession of any office, except that of elector of President or Vice President, United States Senator, Representative in or delegate to Congress, or member of a state legislature, authorized by law to be commenced, where in it appears that the sole question touching the title to office arises out of denial of the right to vote, to any citizen offering to vote, on account of race, color or previous condition of servitude.

The jurisdiction under this section shall extend only so far as to determine the rights of the parties to office by reason of the denial of the right, guaranteed by the Constitution of the United States and secured by any law, to enforce the right of citizens of the United States to vote in all the States.

(June 25, 1948, ch. 646, 62 Stat. 932.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 41(15) (Mar. 3, 1911, ch. 231, § 24, par. 15, 36 Stat. 1092).

Words “civil action” were substituted for “suits,” in view of Rule 2 of the Federal Rules of Civil Procedure.

Words “United States Senator” were added, as no reason appears for including Representatives and excluding Senators. Moreover, the Seventeenth amendment, providing for the popular election of Senators, was adopted after the passage of the 1911 law on which this section is based.

Changes were made in phraseology.

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June 25, 1948, ch. 646
62 Stat. 932
Mar. 3, 1911, ch. 231, § 24
36 Stat. 1092

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§ 1344

Election disputes

ActJune 25, 1948, ch. 646

Stat.62 Stat. 932

ActMar. 3, 1911, ch. 231, § 24

Stat.36 Stat. 1092

Cites 4Cited by 0 across 0 sources