U.S. Code, Title 28, Judiciary and Judicial Procedure

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 1344. Election Disputes

     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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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 1344. Election Disputes," U.S. Code, Title 28, Judiciary and Judicial Procedure in U.S. Code, Title 28, Judiciary and Judicial Procedure (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed August 17, 2019, http://www.originalsources.com/Document.aspx?DocID=QCBCQGCFQBY67UJ.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 1344. Election Disputes." U.S. Code, Title 28, Judiciary and Judicial Procedure, in U.S. Code, Title 28, Judiciary and Judicial Procedure, Washington, D.C., Government Printing Office, 2002, Original Sources. 17 Aug. 2019. www.originalsources.com/Document.aspx?DocID=QCBCQGCFQBY67UJ.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 1344. Election Disputes' in U.S. Code, Title 28, Judiciary and Judicial Procedure. cited in 2002, U.S. Code, Title 28, Judiciary and Judicial Procedure, Government Printing Office, Washington, D.C.. Original Sources, retrieved 17 August 2019, from http://www.originalsources.com/Document.aspx?DocID=QCBCQGCFQBY67UJ.