Protection of Voting Rights (16.104)
Program
16.104 Protection of Voting Rights
Federal Agency
CIVIL RIGHTS DIVISION, DEPARTMENT OF JUSTICE
Authorization
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, Help America Vote Act of 2002, 42 U.S.C. 15301.
Program Number
16.104
Last Known Status
Active
Objectives
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. To ensure that States and local government units responsible for administration of federal elections meet minimum election administration standards.
Types of Assistance
Provision of Specialized Services.
Uses and Use Restrictions
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. Under the Help America Vote Act of 2002, 42 U.S.C. 15301, the States must administer federal elections in accord with minimal voting systems standards, requirements for provisional voting and voting information and requirements for computerized, statewide voter registration lists and voters who register by mail.
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
Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.
Application Procedure
Contact the headquarters office listed below.
Award Procedure
None.
Deadlines
None.
Range of Approval/Disapproval Time
Appeals
None.
Renewals
None.
Assistance Considerations
Formula and Matching Requirements
There is no statutory formula or matching requirements for this program.
Length and Time Phasing of Assistance
None.
Post Assistance Requirements
Reports
None.
Audits
None.
Records
None.
Program Accomplishments
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 2002 were (1) processing the tremendous increase in Section 5 submissions resulting from districting required after the 2000 Census; (2) initiating enforcement actions designed to cure violations of voting rights statutes that occurred during the 2000 Presidential Election; (3) monitoring elections in many jurisdictions during the 2002 federal election; (4) preparing for implementation of the new Help America Vote Act; and (5) affirmative enforcement of the Voting Rights Act and the National Voter Registration Act. Throughout 2002, the amount of Section resources devoted to meeting its responsibilities under Section 5 of the Voting Rights Act, peaked, and 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 pre-clearance. During 2002 emphasis was placed on handling a record number of redistricting plans submitted pursuant to Section 5, including statewide submissions from Arizona, Florida, North Carolina, New York and California. The Section also continues to review other Section 5 submissions and received 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 initiate five enforcement actions, three in Florida, one in Tennessee and one in Missouri. All were successfully resolved by consent decree. The Section also took the lead in the implementation of a Voting Initiative announced by the Attorney General on March 7, 2001, and during 2002 placed increased emphasis on monitoring elections, culminated by very comprehensive coverage of the 2002 federal election. The Section continued to monitor election reform issues and election reform legislative proposals which surfaced after the 2000 election and provided information and advice to those in Congress working on the Help America Vote Act. 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 2002, in addition to the enforcement actions addressing voting rights violations during the 2000 election, some of the more notable achievements included the filing of a Section 2 lawsuit against Alamosa County, CO; the trial and favorable district court decision in a Section 2 case involving vote dilution of American Indian voters in Blaine County, MT; favorable settlements of Section 2 cases against Santa Paula, CA and Lawrence, MA. In addition, the Section successfully defended all Section 5 declaratory judgment actions brought in the District Court for the District of Columbia. These included a major decision in our favor in a Section 5 declaratory action brought by the State of Georgia seeking pre-clearance of their statewide redistricting plans; ongoing litigation in another Section 5 declaratory judgment action brought by the Louisiana House of Representatives; and successful defenses of Section 5 declaratory actions brought by the State of North Carolina and the Attorney General of Florida.
Financial Information
Account Identification
15-0128-0-1-752.
Obligations
(Salaries and Expenses) FY 02 $13,242,000; FY 03 est $13,238,000; and FY 04 est $14,233,000.
Range and Average of Financial Assistance
None.
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.
Related Programs
16.200, Community Relations Service; 29.001, Clearinghouse Services, Civil Rights Discrimination Complaints; 93.001, Civil Rights Compliance Activities.
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
http://www.usdoj.gov/crt/voting/index.htm
Examples of Funded Projects
Not applicable.
Criteria for Selecting Proposals
Not applicable.
