U.S. Department of Justice

Civil Rights Division

Voting Section

What's New

   On September 22, 2008, the Department reached a settlement agreement with the Commonwealth of Massachusetts resolving allegations that the Commonwealth violated the rights of Puerto Rican voters under Section 4(e) of the Voting rights Act.

   On August 25, 2008, the Department interposed a Section 5 objection against the City of Calera in Shelby County, Alabama regarding numerous annexations and the 2008 redistricting plan.

   On August 21, 2008, the Department interposed a Section 5 objection against the State of Texas regarding candidate qualifications for the election of supervisor for the Fresh Water Supply Districts.

   On July 28, 2008, the Department filed a complaint against Salem County and the Borough of Penns Grove, NJ alleging that the parties violated the Voting Rights Act against Latino voters with disparate treatment, lack of Spanish-language materials and the denial to voters of the right to choose their assistor of choice. On July 29, the court entered the settlement agreement.

   On May 30, 2008, the Court issued a decision granting the motions for summary judgment filed by the Attorney General and the defendant-intervenors and denying the motion for summary judgment filed by the plaintiff in Northwest Austin Municipal Utility District Number One v. Mukasey (D.D.C.). On August 15, 2006, the Department was served with a complaint filed in Northwest Austin Municipal Utility District #1 v. Gonzales (D.D.C.). In the complaint, the district requests bailout from the preclearance requirements of Section 5 of the Voting Rights Act, and in the alternative, a determination that Section 5 is unconstitutional. The Department's answer was filed October 16. The Department's brief in support of its motion for summary judgment was filed on May 15. The Department's brief in opposition to the Plaintiff's motion for summary judgment was filed on June 15.

   On April 16, 2008, the Department filed a complaint against the School Board of Osceola County, FL alleging that the existing method of election for the Board dilutes the voting strength of Hispanic Americans in violation of Section 2 of the Voting Rights Act. On April 23, 2008, the Court entered the consent decree.

   On March 14, 2008, the Department filed a complaint against the Georgetown County School District, SC alleging that the at-large method of election for the Board dilutes the voting strength of African Americans in violation of Section 2 of the Voting Rights Act. On March 21, 2008, the Court entered the consent decree and have agreed to discontinue use of the current at-large method of election.

   On February 15, 2008, the Department filed a complaint against Bolivar County, MS alleging violations of Section 302(a) of the Help America Vote Act. A consent decree was entered by the Court on February 27.

   On February 11, 2008, the Department interposed a Section 5 objection against Charles Mix County, SD regarding the increase on the number of county commissioners by two members and the concomitant redistricting plan.

   On January 28, 2008, the Department filed a complaint and simultaneously filed a consent decree with the State of Tennessee for violations of the Uniformed and Overseas Citizens Absentee Voting Act ("UOCAVA"). The lawsuit was necessary after many counties in the State failed to mail requested absentee ballots to Tennessee's military and overseas citizens in sufficient time for them to vote in the federal primary election on February 5. The consent decree was entered by a federal court on January 30.

   On January 17, 2008, the Court issued a decision and order for the United States in its Section 2 complaint against the Village of Port Chester NY. The Court had earlier issued a preliminary injunction against the Village of Port Chester.

   On January 16, 2008, the three judge panel issued an extension of the existing settlement order with the City of Springfield, MA allowing for federal observers until January 31, 2010.

   On January 3, 2008, the three judge panel issued an Opinion and Order extending the existing consent decree with Westchester County, NY allowing for federal observers until December 31, 2008.

   On December 26, 2007, the Department interposed a Section 5 objection against Buena Vista Township in Saginaw County, MI regarding the closure of a Secretary of State branch office, which offers voter registration services and provides Michigan drivers licenses and personal identification cards.

   On November 28, 2007, the court entered an order in Sandoval County, NM to extend and modify the existing consent decree and the amended joint stipulation regarding the Native American Election Information Program (NAEIP) for its Native American citizens.

   On November 9, 2007, the court entered a consent decree in United States v. City of Walnut, CA, to ensure that election materials and assistance at the polling places are provided in Chinese and Korean to voters with limited-English proficiency. The Section 203 complaint against the City of Walnut, CA was filed on April 18, 2007.

   On September 26, 2007, a complaint was filed against the Kane County, IL contemporaneously with the signing of a memorandum of agreement which is pending before the court. The complaint alleges violations of Sections 203 and 208 of the Voting Rights Act against Hispanics in the county. On November 7, the court entered an order granting the joint motion for extension of time for the Defendants to answer the United States' complaint and ordering the appointment of federal observers until December 31, 2010. The joint motion was submitted as part of a Memorandum of Agreement between the United States and Kane County which will ensure compliance with Sections 203 and 208 of the Voting Rights Act.

   On July 16, 2007, the Department filed a complaint against Galveston County, TX alleging violations of Section 4(f)(4) of the Voting Rights Act of 1965 and Sections 302(a) and 302(b) of the Help America Vote Act of 2002. On July 20, 2007, the court entered the consent decree.

   On June 29, 2007, the Court entered judgment for the United States in United States v. Brown, (S.D. Miss). The Court's 104 page opinion held that the Voting Rights Act is a colorblind statute and protects all voters from racial discrimination, regardless of the race of the voter. The Court then ruled that Defendants had an illiegal discriminatory intent to discriminate against white voters. In its complaint, the United States alleged that the practices of local election and party officials discriminate against whites in violation of Section 2 of the Voting Rights Act. The United States entered in a consent decree with the Noxubee County superintendent of general elections, administrator of absentee ballots, registrar, and the county government. The consent decree prohibits a wide range of discriminatory and illegal voting practices, and requires these officials to report such incidents if they receive information that they are continuing. This consent decree was approved by the district court and filed simultaneously with the filing of the complaint.

   Section 5 submissions may now be filed in writing or electronically.

   Amended complaint adding NVRA and HAVA claims to previous action under Sections 2 and 203 of the Voting Rights Act and order extending and modifying joint stipulation and order filed in Cibola County, NM.

   An amended complaint was filed against the City of Philadelphia contemporaneously with the signing of a settlement agreement. A dismissal order contemplating court supervision of that agreement is currently pending before the court.

   Memorandum opinion and order granting the remedial relief requested by the United States in Osceola County, FL.

   Complaint alleging a Section 2 violation against the City of Euclid, OH.

   Section 203 and HAVA complaint and consent decree filed in Cochise County, AZ.

   HAVA case filed against the State of New York.

   Letter from Office of Legislative Affairs to U.S. Senator Christopher Bond regarding Georgia voter identification law.

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Last Modified: September 23, 2008