52 U.S.C. § 21111
Actions by the Attorney General for declaratory and injunctive relief
The Attorney General may bring a civil action against any State or jurisdiction in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to carry out the uniform and nondiscriminatory election technology and administration requirements under sections 21081, 21082, 21083, and 21083a of this title.
Notes of Decisions
Cited in 15
cases (10 in the last 5 years), 2016–2026 · leading case: Colon-Marrero v. Garcia-Velez, 813 F.3d 1 (1st Cir. 2016).
Colon-Marrero v. Garcia-Velez, 813 F.3d 1 (1st Cir. 2016). “The statute, however, does expressly provide two mechanisms for remedying grievances: (1) a civil action brought by the Attorney General, 52 U.S.C. § 21111 , 19 and (2) in states receiving funds under HAVA, “[establishment of State-based administrative complaint procedures,” id.”
Am. Civil Rights Union v. Brenda Snipes, 935 F.3d 1192 (11th Cir. 2019). “Moreover, even if HAVA could somehow be read to require the states to maintain a purge process that went far beyond what the NVRA requires -- a reading that is at war with the text -- HAVA creates no private cause of action.”
Am. Civil Rights Union v. Philadelphia City Commissioners, 872 F.3d 175 (3d Cir. 2017). “52 U.S.C. §§ 21111 , 21112. 55 . See In re Federal-Mogul Glob.”
Wisconsin Voter All. v. Millis, No. 1:23-cv-01416 (E.D. Wis. Mar. 13, 2024). “See 52 U.S.C. §§ 21111–12. First, the “Attorney General may bring a civil action against any State or jurisdiction in an appropriate United States District Court” for declaratory and injunctive relief “as may be necessary to carry out the uniform and nondiscriminatory election…”
Minnesota Voters All. v. City of Minneapolis, No. 0:20-cv-02049 (D. Minn. Oct. 16, 2020). “2019) (citing 52 U.S.C. §§ 21111 , 21112). See also Brunner v.”
Soudelier v. Ofc of the Secy of State, No. 22-30809 (5th Cir. Nov. 15, 2023). “” 52 U.S.C. § 21111 . Second, states receiving payment under HAVA must establish administrative complaint procedures that any person may use to report violations.”
Oels v. Dunleavy, No. 3:23-cv-00006 (D. Alaska Aug. 17, 2023). “13, citing 52 U.S.C. § 21111 . Case No. 3:23-cv-00006-SLG, Oels, et al.”
Iowa Voter All. v. Black Hawk Cnty., No. 6:20-cv-02078 (N.D. Iowa Oct. 20, 2020). “52 U.S.C. §§ 21111–21112. Congress did not state that a private party has the right to enforce HAVA’s provisions.”
Roberts v. Caskey, No. 2:22-cv-02366 (D. Kan. Oct. 19, 2022). “See 52 U.S.C. §§ 21111– 21112. Based on these statutory provisions, courts have held that HAVA provides no private right of action.”
Kennedy v. Wilkinson, No. 1:21-cv-01569 (D. Md. June 28, 2021). “” 52 U.S.C. § 21111 . Neither Act divests the States of their powers to implement voting systems that otherwise comply with the provisions in NVRA and HAVA.”
Graeff v. United States Election Assistance Comm'n, No. 4:22-cv-00682 (E.D. Mo. Mar. 9, 2023). “See 52 U.S.C. § 21111 . 15 in and of itself, but rather federal courts are to examine whether the plaintiff seeking relief under a statute has suffered concrete injury.”
Wisconsin Voter All. v. Millis, No. 1:23-cv-01416 (E.D. Wis. Jan. 31, 2025). “See 52 U.S.C. §§ 21111–12. First, the “Attorney General may bring a civil action against any State or jurisdiction in an appropriate United States District Court” for declaratory and injunctive relief “as may be necessary to carry out the uniform and nondiscriminatory election…”
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