§ 200.58 — Remedies
Plain-Language Summary
When a court finds that voting rights have been violated, it can order whatever remedy best fixes the problem. The court must read its authority broadly to protect voters. It can look at remedies used in other states or by federal courts. The court cannot favor a remedy just because it was proposed by the local government.
200.58 REMEDIES.
Notwithstanding any other law, if the court finds a violation of any provision of section 200.54, the court has authority to order remedies that are tailored to best mitigate the violation. Any remedy ordered by the court must be constructed liberally in favor of a voter’s exercise of the right of suffrage. The court may consider, among others, any remedy that has been ordered by a federal court or the court of another state jurisdiction, including through a court-approved consent decree or settlement adopted in the context of similar facts or to remedy a similar violation. The court shall consider remedies proposed by any party and may consider remedies proposed by interested nonparties. The court may not provide deference or priority to a proposed remedy offered by a defendant or political subdivision simply because the remedy has been proposed by the defendant or political subdivision.
History:
History: History:
2024 c 112 art 3 s 8