Willing's claims against Larry Gruber under the federal Voting Rights Acts of 1964 and 1965,
42 U.S.C. §§ 1971 and
1973i are also not discussed in her motion to amend. Upon review of the language of
§ 1971 and the case law interpreting it, this court finds that
section 1971 does not afford Willing a private right of action.
Good v. Roy, 459 F.Supp. 403, 405 (D.Kan.1978) (refusing to imply a private right of action).
Section 1971 is intended to prevent racial discrimination at the polls and is enforceable by the Attorney General, not by private citizens.
42 U.S.C. § 1971(c). Accordingly, Willing cannot state a claim against Larry Gruber under
section 1971. Even if this court implied a private right of action, dismissal would be appropriate because the portion of
section 1971 upon which Willing relies does not apply to the school board elections at issue in her complaint. Willing alleges that Gruber interfered with the elections and recounts by “intimidating, harassing and humiliating” the plaintiff(s).
Section 1971(b) proscribes intimidation, threats and coercion in elections for “the office of the President, Vice President, presidential elector, Delegates or Commissioners from the Territories or possessions, at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such candidate.” By its unambiguous terms,
section 1971 does not grant Willing a claim against Larry Gruber.