Statutes Enforced By The Voting Section
The Civil Rights Acts provide some of the early federal statutory protections against discrimination in voting. Certain of these protections originated in the Civil Rights Act of 1870, and were later amended by the Civil Rights Acts of 1957, 1960, and 1964. The voting provisions of the Civil Rights Acts are codified at 52 U.S.C. 10101 & 52 U.S.C. 20701-20706 (formerly 42 U.S.C. 1971 & 1974).
The Voting Rights Act, also known as the VRA, was enacted by Congress in 1965. Pursuant to the VRA, the Attorney General undertakes investigations and litigation throughout the United States and its territories. The VRA has been amended on a number of occasions, with the most recent major amendments in the Voting Rights Act Reauthorization and Amendments Act of 2006. The VRA is codified at 52 U.S.C. 10301-10314, 10501-10508, and 10701-10702 (formerly 42 U.S.C. 1973 to 1973bb).
Section 2 of the VRA is a nationwide prohibition against voting practices and procedures (including redistricting plans and at-large election systems and voter registration procedures) that discriminate on the basis of race, color or membership in a language minority group. Section 2 prohibits not only election-related practices that are intended to be racially discriminatory, but also those that are shown to have a racially discriminatory result.
Further information about Section 2
Section 5 of the VRA was enacted to freeze changes in election practices or procedures in covered jurisdictions until the new procedures have been determined, either after administrative review by the Attorney General, or after a lawsuit before the United States District Court for the District of Columbia, to have neither discriminatory purpose or effect. The Attorney General has published detailed procedures that explain Section 5. On June 25, 2013, the Supreme Court held that it is unconstitutional to use the coverage formula in Section 4(b) of the VRA to determine which jurisdictions are subject to the preclearance requirement of Section 5 of the VRA. Shelby County v. Holder, 570 U.S. 529 (2013). The Supreme Court did not rule on the constitutionality of Section 5 itself. The effect of the Shelby County decision is that the jurisdictions identified by the coverage formula in Section 4(b) no longer need to seek preclearance for new voting changes, unless they are covered by a separate court order entered under Section 3(c) of the VRA.
Further information about Section 5
Section 3 and Section 8 of the VRA give the federal courts and the Attorney General, respectively, authority to certify counties for the assignment of federal observers. Federal observers are assigned to polling places so they can monitor election-day practices in response to concerns about compliance with the VRA. Department staff may also be sent to monitor elections.
Further information on election monitoring
Sections 203 and 4 of the VRA require certain jurisdictions to provide bilingual written voting materials and voting assistance regarding covered minority languages. The Attorney General has published detailed guidelines that explain these language minority requirements.
Further information on the language minority provisions
Section 208 of the VRA provides for voters who need assistance to vote by reason of blindness, disability, or inability to read or write. Any such voter may be given assistance by a person of the voter's choice, other than the voter's employer or agent of the employer or officer or agent of the voter's union.
The Voting Accessibility for the Elderly and Handicapped Act, also known as VAEHA, was enacted by Congress in 1984. VAEHA requires states to take certain steps to make the voting process accessible to people with disabilities. VEAHA is codified at 52 U.S.C. 20101 to 20107 (formerly 42 U.S.C. 1973ee to 1973ee-6).
The Uniformed and Overseas Citizens Absentee Voting Act, also known as UOCAVA, was enacted by Congress in 1986. UOCAVA requires that states and territories allow members of the uniformed services serving away from home, their family members, and U.S. citizens who are residing outside the country to register and vote absentee in federal elections. UOCAVA has been amended on several occasions, with the most recent major amendments in the Military and Overseas Voter Empowerment (MOVE) Act of 2009. UOCAVA is codified at 52 U.S.C. 20301 to 20311 (formerly 42 U.S.C. 1973ff to 1973ff-7).
Further information on UOCAVA
The National Voter Registration Act, also known as the NVRA or the Motor Voter Act was enacted by Congress in 1993. The NVRA requires states to make voter registration opportunities for federal elections available through the mail and when people apply for or receive driver licenses, public assistance, disability services, and other government services. The NVRA also provides rules regarding maintenance of voter registration lists for federal elections. The NVRA is codified at 52 U.S.C. 20501 to 20511 (formerly 42 U.S.C. 1973gg to 1973gg-10).
Further information on the NVRA
The Help America Vote Act, also known as HAVA, was enacted by Congress in 2002. HAVA establishes minimum standards for states to follow in several key aspects of administration of federal elections, including voting systems, provisional ballots, voter information posters on election days, first time voters who register to vote by mail and statewide voter registration databases. HAVA is codified at 52 U.S.C. 20901 to 21145 (formerly 42 U.S.C. 15301 to 15545).
Further information on HAVA
We encourage anyone with a concern about possible violations of the federal voting rights laws to contact us.
FAQ's - Frequently Asked Questions.