hibits discrimination on the basis of age, the ag-
grieved person or (in the name of the United States) 
the Attorney General may institute an action for 
preventative relief, including an application for a 
temporary or permanent injunction, restraining 
order, or other order, and including an order di-
rected to the State and State or local election offi-
cials to require them— 
(A) to permit persons listed under this Act 
to vote; and 
(B) to count such votes. 
(2) PRELIMINARY RELIEF.— 
(A) IN GENERAL.—In any action for pre-
liminary relief described in this subsection, the 
court shall grant the relief if the court deter-
mines that the complainant has raised a serious 
question whether the challenged voting quali-
fication or prerequisite to voting or standard, 
practice, or procedure violates this Act or the 
Constitution and, on balance, the hardship im-
posed upon the defendant by the grant of the 
relief will be less than the hardship which would 
be imposed upon the plaintiff if the relief were 
not granted. In balancing the harms, the court 
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shall give due weight to the fundamental right 
to cast an effective ballot. 
(B) ADDITIONAL FACTORS TO BE CONSID-
ERED.—In making its determination under this 
paragraph, with respect to a change in any vot-
ing qualification, prerequisite to voting, or 
standard, practice, or procedure with respect to 
voting, the court shall consider all relevant fac-
tors and give due weight to the following fac-
tors, if they are present: 
(i) Whether the qualification, pre-
requisite, standard, practice, or procedure 
in effect prior to the change was adopted 
as a remedy for a Federal court judgment, 
consent decree, or admission regarding— 
(I) discrimination on the basis of 
age in violation of the Twenty-sixth 
Amendment; 
(II) a violation of this Act; or 
(III) voting discrimination on the 
basis of age in violation of any other 
Federal or State law. 
(ii) Whether the qualification, pre-
requisite, standard, practice, or procedure 
in effect prior to the change served as a 
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ground for the dismissal or settlement of a 
claim alleging— 
(I) discrimination on the basis of 
age in violation of the Twenty-sixth 
Amendment; 
(II) a violation of this Act; or 
(III) voting discrimination on the 
basis of age in violation of any other 
Federal or State law. 
(iii) Whether the change was adopted 
fewer than 180 days before the date of the 
election with respect to which the change is 
to take effect. 
(iv) Whether the defendant failed to 
provide timely or complete notice of the 
adoption of the change as required by ap-
plicable Federal or State law. 
(3) PUBLIC INTEREST.—A jurisdiction’s inabil-
ity to enforce its voting or election laws, regulations, 
policies, or redistricting plans, standing alone, shall 
not be deemed to constitute irreparable harm to the 
public interest or to the interests of a defendant in 
an action arising under the U.S. Constitution or any 
Federal law that prohibits discrimination on the 
basis of age in the voting process, for the purposes 
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of determining whether a stay of a court’s order or 
an interlocutory appeal under section 1253 of title 
28, United States Code, is warranted. 
(e) NOTIFICATION TO ATTORNEY GENERAL.—When-
ever in any political subdivision in which there are observ-
ers appointed pursuant to this Act, a person alleges to 
such observer within forty-eight hours after the closing of 
the polls, that notwithstanding (1) their listing under this 
Act or registration by an appropriate election official and 
(2) their eligibility to vote, they have not been permitted 
to vote in such election, the observer shall forthwith notify 
the Attorney General if such allegations in the opinion of 
such observer appear to be well founded. Upon receipt of 
such notification the Attorney General may forthwith file 
with the district court an application for an order pro-
viding for the marking, casting, and counting of the bal-
lots of such persons and requiring the inclusion of their 
votes in the total vote before the results of such election 
shall be deemed final and any force or effect given thereto. 
The district court shall hear and determine such matters 
immediately after the filing of such application. The rem-
edy provided in this subsection shall not preclude any 
other remedy available under State or Federal law. 
(f) JURISDICTION OF PROCEEDINGS.—The district 
courts of the United States shall have jurisdiction of pro-
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ceedings instituted pursuant to this Act and shall exercise 
the same without regard to whether a person asserting 
rights under the provisions of this Act shall have ex-
hausted any administrative or other remedies that may be 
provided by law. 
(g) ATTORNEY’S FEES.—In any action or proceeding 
to enforce the voting guarantees of the Twenty-sixth 
Amendment, the court, in its discretion, may allow the 
prevailing party, other than the United States, a reason-
able attorney’s fee, reasonable expert fees, and other rea-
sonable litigation expenses, as part of the costs. 
SEC. 9. SEVERABILITY. 
If any provision of this Act or the application of such 
provision to any person or circumstance is held invalid, 
the remainder of this Act and the application of such pro-
vision to other persons or circumstances shall not be af-
fected thereby. 
SEC. 10. DEFINITIONS. 
In this Act: 
(1) AGE GROUP.—The term ‘‘age group’’ means 
the number of individuals who are 18 years or older, 
disaggregated by the number of individuals in each 
five year age period. 
(2) DEMOGRAPHIC GROUP.—The term ‘‘demo-
graphic group’’ means each group which section 3 
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