Voting Rights Act of 1965, Public Law 89-110, 42 U.S.C.
1973-1973bb-1; Voting Rights Act Amendments of 1970, 1975, and 1982; Voting
Rights Language Assistance Act of 1992; Public Laws 91-285, 94-73, 97-205, and
102-344; 42 U.S.C. 1971, 42 U.S.C. 1974; Uniformed and Overseas Citizens
Absentee Voting Act, Public Law 99-410, 42 U.S.C. 1973ff; Voting Accessibility
for the Elderly and Handicapped Act, Public Law 98-435, 42 U.S.C. 1973ee;
National Voter Registration Act of 1993, Public Law 103-31, 42 U.S.C. 1973gg.
To provide protection of an individual's right to
register and vote in all local, State and Federal elections without
discrimination based on race, color, membership in a language minority group,
or age. To assure the rights of persons who are disabled or are unable to read
or write to receive assistance in voting from a person of their choice. To
assure the right to vote in Federal elections to United States citizens
residing overseas. To assure access to voter registration and to polling
places for the elderly and handicapped, and to assure compliance with the
National Voter Registration Act of 1993.
TYPES OF ASSISTANCE:
Provision of Specialized Services. Place Cursor Here for Definition
The Voting Rights Act of 1965, as amended, prohibits state and local
governments from imposing or applying any voting standard, qualification,
prerequisite, or procedure in a manner that results in a denial or abridgment
of the right of any U.S. citizen to vote on account of race or color or
because an individual is a member of a language minority group. The VRA bans
the use of literacy and similar tests as a prerequisite to voter registration
or voting, authorizes voters in need of assistance in voting (because of
illiteracy or disability) to receive help from the person of their choice
(other than their employer or union leader), and lets registered voters vote
for president even if they change their residence shortly before a
presidential election. Certain specially covered States and political
subdivisions are required to submit any voting changes either to the District
Court for the District of Columbia for a declaratory judgment that the changes
do not have a discriminatory purpose or effect, or, in the alternative, to the
U.S. Attorney General, who has 60 days in which to object to the proposed
changes. Changes to which the Attorney General has objected are legally
unenforceable unless a subsequent declaratory judgment is issued by the
District Court for the District of Columbia. The VRA requires certain counties
(under formulas in the act) to provide voting and election information
bilingually and authorizes the Attorney General to send Federal voting
observers to certain designated counties to monitor election day polling place
activities to prevent discrimination. Under the Uniformed and Overseas
Citizens Absentee Voting Act, 42 U.S.C. 1973ff, the Attorney General enforces
the right of U.S. citizens living outside of the United States to vote in
Federal elections. Under the Voting Accessibility for the Elderly and
Handicapped Act, 42 U.S.C. 1973ee, the States must provide accessible
registration and voting facilities for Federal elections. Under the National
Voter Registration Act of 1993, 42 U.S.C. 1973gg, the States must conduct
voter registration for Federal elections by mail and through motor vehicle and
other agencies.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility: All U.S. citizens old enough
to vote.
Beneficiary Eligibility: All U.S. citizens old
enough to vote.
Credentials/Documentation: Not applicable.
APPLICATION AND AWARD PROCESS:
Pre-application Coordination: None. This program is
excluded from coverage under E.O. 12372.
Application Procedure: Contact the headquarters
office listed below.
Award Procedure: Not applicable.
Deadlines: Not applicable.
Range of Approval/Disapproval Time: Not
applicable.
Appeals: Not applicable.
Renewals: Not applicable.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements: There is no
statutory formula or matching requirements for this program.
Length and Time Phasing of Assistance: Not
applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Not applicable.
Audits: Not applicable.
Records: Not applicable.
FINANCIAL INFORMATION:
Account Identification: 15-0128-0-1-752.
Obligations: (Salaries and Expenses) FY 01
$12,158,000; FY 02 est $13,242,000; and FY 03 est $13,596,000.
Range and Average of Financial Assistance: Not
applicable.
The Civil Rights Division's Voting Section vigorously enforces the Voting
Rights Act (VRA) and other laws to protect the right to vote. Primary
enforcement efforts in fiscal year 2001 were (1) preparation for, and handling
of, the tremendous increase in Section 5 submissions resulting from
redistricting required after the 2000 Census; (2) responding to the
unprecedented complaints and activity surrounding the 2000 Presidential
Election; and (3) affirmative enforcement of the Voting Rights Act and the
National Voter Registration Act. Throughout 2001, the amount of Section
resources devoted to meeting its responsibilities under Section 5 of the
Voting Rights Act, steadily grew, and by the end of the fiscal year, well over
one-half of these resources were devoted to review and analysis of these
voting change submissions. The Section reviews thousands of changes required
to be submitted to the Attorney General each year, defends Section 5
litigation in court, and brings lawsuits to enjoin the enforcement of changes
that have not received the required Section 5 preclearance. Initially during
2001 emphasis was placed on preparation for redistricting submissions. Part of
this work involved addressing issues concerning the 2000 Census, including a
lawsuit initiated by the State of Virginia in a Section 5 declaratory judgment
action which resulted in a successful defense by the Section in 2001.
Considerable effort also went into addressing how the Shaw v. Reno line of
cases has affected Section 5 analysis of redistricting plans. In January, 2001
an important memorandum was published in the Federal Register. This memorandum
is designed to provide guidance to the public concerning how the Section
analyzes redistricting submissions in light of the Shaw line of cases as well
as several other recent Supreme Court cases affecting redistricting issues.
The memorandum has been very well received by the public. Toward the end of
the fiscal year, the first wave of redistricting submissions was received,
including statewide congressional and/or state legislative plans from
Virginia, Alaska, Alabama, and Texas. The Section also continues to review
other Section 5 submissions and expects to receive more than 4,000 submissions
containing more than 12,000 changes of voting practices and procedures, with
each change receiving individual attention, to make sure that discriminatory
practices are not implemented. With respect to the events surrounding the 2000
election, the Section took the lead in the Department's response to the
unprecedented public reaction to the controversy surrounding this election. It
handled thousands of complaints, participated in a Department-wide task force
responding to the election, and opened the highest number of election-related
investigations ever after the election. These investigations are ongoing. The
Section also took the lead in the implementation of a Voting Initiative
announced by the Attorney General on March 7, 2001. Since the announcement of
this Initiative, increased monitoring of elections around the country was
undertaken, including elections in New Jersey, Missouri, Michigan, Illinois,
Mississippi, Arizona and Texas. This followed up the record number of
personnel who monitored the 2000 election. The Section also participated in
many conferences addressing election reform issues and testified at a hearing
held by the National Commission on Federal Election Reform chaired by former
Presidents Ford and Carter. It also carefully monitored the thousands of
election reform legislative proposals which surfaced after the 2000 election.
The Section also continued its vigorous litigation program designed to ensure
that minority voters are not excluded from the electoral process but have a
fair opportunity to elect candidates of their choice. In FY 2001, some of the
more notable achievements included the successful settlement of a Section 2
case in Crockett County, TN; the filing of a major Section 2 lawsuit in
Charleston, SC; the successful defense against attacks on the
constitutionality of Section 2 cases in Montana and Georgia; successful
resolution of several bail-out lawsuits, successful resolution of Section 2
matters in Rock Hill, SC and St. Martinville, LA and participation in the
longstanding North Carolina redistricting suit, Cromartie v. Hunt which
culminated with a Supreme Court decision which adopted the position we urged
on the court.
REGULATIONS, GUIDELINES, AND LITERATURE:
28 CFR 0.50; "Voting Rights Act of 1965, A Citizens Guide to
Understanding the Voting Rights Act of 1965," (a copy of this pamphlet
can be purchased from the Commission on Civil Rights-Clearinghouse Publication
No. 84); 28 CFR 51; 45 CFR 801; 28 CFR 55.
INFORMATION CONTACTS:
Regional or Local Office: None.
Headquarters Office: Department of Justice, Civil
Rights Division, Voting Section, Washington, DC 20530. Telephone: (202) 307-
3143, 800-253-3931. Contact: Office of Public Affairs, Department of Justice.
Telephone: (Voice) (202) 514-2007; (TDD) (202) 514-1888.
Web Site Address: www.usdoj.gov/crt/voting/index.htm.
