§ 1344. — Election disputes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1344]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 85--DISTRICT COURTS; JURISDICTION
Sec. 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., Sec. 41(15) (Mar. 3, 1911, ch.
231, Sec. 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.
